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Electoral Act 1993

The House of Representatives - Qualifications of candidates and members

49: Candidate not disqualified if name removed from roll without cause

You could also call this:

"You can still be an election candidate if your name was removed from the voter list unfairly."

Illustration for Electoral Act 1993

If you want to be a candidate in an election, you need to be qualified to vote. You must have been on the electoral roll for a district, but your name was removed without it being your fault. You are still allowed to be a candidate even if your name is not on the roll.

If you agree to be a candidate, you must make a special promise, called a statutory declaration. In this promise, you say you are qualified to vote in the district where you used to be registered. You also say your name was removed from the roll without it being your fault.

When you give your consent to be a candidate, you must send this statutory declaration to a specific person. This person is either the Returning Officer, if you were nominated by voters under section 143, or the party secretary, if you are nominated by the party under section 146D or as a list candidate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308521.

Topics:
Government and voting > Elections
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Part 3The House of Representatives
Qualifications of candidates and members

49Candidate not disqualified if name removed from roll without cause

  1. This section applies to a person—

  2. who is qualified to be registered as an elector of an electoral district; and
    1. whose name was entered on the electoral roll for that district; but
      1. whose name has been subsequently removed from that electoral roll through no fault or failure of that person.

        1. A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament.

        2. However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that—

        3. he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and
          1. his or her name was removed from the electoral roll for that district through no fault or failure of his or her own.

            1. A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to—

            2. the Returning Officer, if the person was nominated as a constituency candidate by registered electors under section 143; or
              1. the party secretary, if the person is to be nominated as—
                1. a constituency candidate by the party secretary under section 146D; or
                  1. a list candidate.

                  Notes
                  • Section 49: substituted, on , by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).