Electoral Act 1993

The House of Representatives - Vacancies

55: How vacancies created

You could also call this:

"What happens if an MP's seat becomes empty"

If you are a member of Parliament, your seat can become vacant in several ways. You might miss a whole session of Parliament without permission from the House of Representatives. This can happen if you are not a head of mission or head of post as defined in the Foreign Affairs Act 1988.

You can also lose your seat if you swear allegiance to another country. This means you promise to obey another country's laws and leaders. You can also lose your seat if you become a citizen of another country.

Your seat can become vacant if you stop being a New Zealand citizen. It can also happen if you agree to be a candidate for election in another country. This includes elections for a country's parliament or local government.

You might lose your seat if you are convicted of a serious crime. This is a crime that can be punished with imprisonment for life or for two or more years. You can also lose your seat if you become a public servant or if you are appointed as a Returning Officer, a Registrar of Electors, or a Deputy Registrar of Electors.

If you resign from your seat by signing a written notice, your seat will become vacant. Your seat can also become vacant if you cease to be a parliamentary member of the political party you were elected for, as stated in section 55A. The High Court or Court of Appeal can declare your election void if there is an election petition.

If you die, your seat will become vacant. It can also happen if you become mentally disordered, as explained in section 56.

If you marry someone from another country and become a citizen of that country because of the marriage, you will not lose your seat. This is because the laws of the other country gave you citizenship automatically.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308531.

Topics:

Government and voting > Elections

54: Term of office of member of Parliament, or

"How long MPs stay in their job after being elected"

55AA: Dual or multiple citizenship permissible in certain circumstances, or

"Having citizenship of another country doesn't stop you from being an MP in certain situations"

Part 3The House of Representatives
Vacancies

55How vacancies created

The seat of any member of Parliament shall become vacant—
if, otherwise than by virtue of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, for one whole session of Parliament he or she fails, without permission of the House of Representatives, to give his or her attendance in the House; or
if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign State, foreign Head of State, or foreign Power, whether required on appointment to an office or otherwise; or
if he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or
if he or she ceases to be a New Zealand citizen; or
if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as—
1. a member of Parliament (or other governing body) of a country, State, territory, or municipality, in any country other than New Zealand; or
2. a member of any governing body of any association of countries, States, territories, or municipalities exercising governing powers, of which New Zealand is not a member (for example, the European Union); or
if he or she is convicted of an offence punishable by imprisonment for life or by 2 or more years' imprisonment, or is convicted of a corrupt practice, or is reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or
if he or she becomes a public servant; or
if he or she is appointed as a Returning Officer, a Registrar of Electors, or a Deputy Registrar of Electors; or
if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or
if, under section 55A, he or she ceases to be a parliamentary member of the political party for which he or she was elected; or
if on an election petition the High Court or Court of Appeal declares his or her election void; or
if he or she dies; or
if he or she becomes mentally disordered, as provided in section 56.

Notwithstanding anything in subsection (1)(c), where a member of Parliament marries a person who is a subject or citizen of a foreign State or Power and the laws of that foreign State or Power confer on that member of Parliament by reason of that marriage, citizenship of that foreign State or Power or the rights, privileges, or immunities of a subject or citizen of that foreign State or Power, the seat of a member of Parliament shall not become vacant by reason only of the marriage.

Compare

1988 No 159 s 14(1)

Notes

Section 55(1)(b): substituted, on 18 September 2005, by section 5(1) of the Electoral Amendment Act 2004 (2004 No 99).
Section 55(1)(ca): inserted, on 18 September 2005, by section 5(2) of the Electoral Amendment Act 2004 (2004 No 99).
Section 55(1)(cb): inserted, on 18 September 2005, by section 5(2) of the Electoral Amendment Act 2004 (2004 No 99).
Section 55(1)(d): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 55(1)(ea): inserted, on 1 October 2010, by section 13 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 55(1)(ea): amended, on 21 March 2017, by section 16 of the Electoral Amendment Act 2017 (2017 No 9).
Section 55(1)(f): substituted, on 28 February 2002, by section 9(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 55(1)(fa): inserted, on 4 October 2018, by section 4 of the Electoral (Integrity) Amendment Act 2018 (2018 No 39).
Section 55(1)(j): repealed, on 28 February 2002, by section 9(2) of the Electoral Amendment Act 2002 (2002 No 1).