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Electoral Act 1993

Electoral Commission

4I: Deputy Electoral Commissioners

You could also call this:

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

Illustration for Electoral Act 1993

The Electoral Commission can appoint someone to be a deputy for an Electoral Commissioner by giving them a written notice. You can't be a Deputy Electoral Commissioner if you are described in section 30(2) of the Crown Entities Act 2004. The notice of appointment must say when it starts, how long it lasts, and it must be published in the Gazette.

If an Electoral Commissioner can't do their job because they are sick or away, their deputy can do it for them. But a Deputy Electoral Commissioner can't be the chairperson or deputy chairperson of the Electoral Commission's board. They are also not allowed to be a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.

The Electoral Commission can cancel a deputy's appointment at any time. A Deputy Electoral Commissioner is considered a public servant for certain purposes, including sections 28(2)(f) and 80(3)(a)(i).

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

Topics:
Government and voting > Elections
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4H: Filling of vacancy, or

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

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4J: Proceedings of Electoral Commission, or

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

Part 1Electoral Commission

4IDeputy Electoral Commissioners

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

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

  3. The notice of appointment must—

  4. 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 an Electoral Commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that Electoral Commissioner may be performed and exercised by his or her 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(1): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
            • Section 4I(8): repealed, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).