Plain language law

New Zealand law explained for everyone

Electoral Act 1993

Electoral Commission

4I: Deputies

You could also call this:

"Who can be a deputy to help important roles in the Electoral Commission?"

Illustration for Electoral Act 1993

The Electoral Commission can appoint a deputy for some important roles. You can think of a deputy as a person who helps or replaces someone else. The Commission can choose a deputy for the Chief Electoral Officer, the chairperson, or the deputy chairperson. If someone like the Chief Electoral Officer is sick or away, their deputy can do their job. But there are some rules for who can be a deputy and what they can do. For example, some people are not allowed to be deputies because of their other roles, as stated in section 30(2) of the Crown Entities Act 2004. The Electoral Commission must tell people when they appoint a deputy. They do this by publishing a notice in the Gazette, which is like an official newspaper. The notice says when the appointment starts and how long it lasts. A deputy is like a public servant, which means they have to follow certain rules. The Electoral Commission can cancel a deputy's appointment at any time. There are also rules about what a Deputy Electoral Commissioner can and cannot do, such as not being able to act as chairperson or deputy chairperson of the board of the Electoral Commission, as stated in clause 5 of Schedule 5 of the Crown Entities Act 2004.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2997508.

This page was last updated on — View changes

Topics:
Government and voting > ElectionsGovernment and voting > Government departments
Previous

4H: Filling of vacancy, or

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

Next

4J: Proceedings of Electoral Commission, or

"Rules for the team that runs New Zealand's elections fairly"

Part 1Electoral Commission

4IDeputies

  1. The Electoral Commission may, by written notice, appoint an electoral official to be the deputy of—

  2. the Chief Electoral Officer:
    1. the chairperson:
      1. the deputy chairperson.

        1. The persons described in section 30(2) of the Crown Entities Act 2004 are disqualified from being appointed as Deputy Electoral Commissioners.

        2. The notice of appointment must—

        3. state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
          1. state the term of the appointment; and
            1. be published by the Electoral Commission in the Gazette as soon as practicable after the appointment is made.

              1. If the Chief Electoral Officer, the chairperson, or the deputy chairperson becomes incapable of performing their functions or duties or exercising their powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of the Chief Electoral Officer, the chairperson, or the deputy chairperson may be performed and exercised by their deputy.

              2. Despite subsection (4), a Deputy Electoral Commissioner—

              3. must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and
                1. is not eligible to be appointed by the board of the Electoral Commission as a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.

                  1. The Electoral Commission may, at any time, revoke the appointment of any deputy.

                  2. A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).

                  3. Repealed
                  Notes
                  • Section 4I: inserted, on , by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                  • Section 4I heading: replaced, on , by section 56(1) of the Electoral Amendment Act 2025 (2025 No 82).
                  • Section 4I(1): replaced, on , by section 56(2) of the Electoral Amendment Act 2025 (2025 No 82).
                  • Section 4I(4): replaced, on , by section 56(3) of the Electoral Amendment Act 2025 (2025 No 82).
                  • Section 4I(8): repealed, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).