Plain language law

New Zealand law explained for everyone

Electoral Act 1993

Electoral Commission

4H: Filling of vacancy

You could also call this:

"What happens when an Electoral Commission member leaves and how they get replaced"

Illustration for Electoral Act 1993

If you are wondering what happens when a member of the Electoral Commission leaves, the Governor-General can choose a new person to replace them. The Governor-General usually does this when the House of Representatives recommends someone. If the House of Representatives is not meeting, the Governor-General can still choose someone, but this choice might not be final. You can find more information about how this law has changed over time by looking at the Electoral (Administration) Amendment Act 2010. The Governor-General's choice is only temporary if the House of Representatives is not meeting, and they must confirm the choice within a certain number of days when they start meeting again. If the House of Representatives does not confirm the choice, the position becomes vacant again, and a new person will need to be chosen.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2997507.

Topics:
Government and voting > Elections
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4G: Power to remove or suspend members, or

"When can Electoral Commission members be removed or suspended from their job?"

Next

4I: Deputy Electoral Commissioners, or

"Who can be a deputy to help an Electoral Commissioner do their job"

Part 1Electoral Commission

4HFilling of vacancy

  1. If a vacancy occurs in the membership of the Electoral Commission, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.

  2. Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next session of Parliament.

  3. An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.

Compare
  • 1988 No 2 s 7
Notes
  • Section 4H: inserted, on , by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 4H(1): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).