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Electoral Act 1993

Registration of electors - Qualification of electors

80: Disqualifications for registration

You could also call this:

"Who Can't Register to Vote in New Zealand"

Illustration for Electoral Act 1993

You cannot register to vote if you are a New Zealand citizen who has been outside New Zealand for more than 3 years. You also cannot register if you are a resident for electoral purposes who is not a New Zealand citizen and have been outside New Zealand for more than 12 months. Some people are disqualified from voting due to certain court orders or sentences. You are also disqualified if you are in prison after being sentenced for a crime. This includes people who have been sentenced to life imprisonment, preventive detention, or a prison term of 3 years or more. Some people are exempt from these rules, such as public servants or members of the Defence Force who are outside New Zealand for work. If you are accompanying one of these exempt people outside New Zealand, you may also be exempt. This includes spouses, partners, or children of these people. You can find more information about the laws that apply to voting in the Electoral Act 1993 and other related laws like the Mental Health (Compulsory Assessment and Treatment) Act 1992 and the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308839.

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Part 5Registration of electors
Qualification of electors

80Disqualifications for registration

  1. The following persons are disqualified for registration as electors:

  2. a New Zealand citizen who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 3 years:
    1. a resident for electoral purposes (not being a New Zealand citizen) who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 12 months:
      1. a person who is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or in a secure facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and to whom one of the following applies:
        1. the person has been found by a court or a Judge to be unfit to stand trial within the meaning of the Criminal Procedure (Mentally Impaired Persons) Act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 or section 31 or section 33 of that Act or under the corresponding provisions of the Criminal Justice Act 1985 and has been so detained for a period exceeding 3 years:
          1. the person has been found by a court, on conviction of any offence, to be mentally impaired, and is detained under an order made under section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 118 of the Criminal Justice Act 1985, and has been so detained for a period exceeding 3 years:
            1. the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or a compulsory care order made following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
              1. the person is detained under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, and is a person to whom paragraph (d) would otherwise apply:
              2. a person who is detained in prison under a sentence of imprisonment (including following detention in a hospital or secure facility) in any case where the sentence of imprisonment—
                1. was imposed for offending that occurred before the commencement of this paragraph and is a sentence—
                  1. of imprisonment for life; or
                    1. of preventive detention; or
                      1. for a term of 3 years or more; or
                      2. is imposed for any offending that occurred after the commencement of this paragraph:
                      3. a person whose name is on the Corrupt Practices List made out for any district.

                        1. For the purposes of subsection (1)(d)(i) and section 86B, 2 or more sentences of imprisonment for a fixed term that are at any time directed to be served cumulatively are to be treated as a single sentence of imprisonment for a term equal to the sum of the term of imprisonment of each sentence.

                        2. The Registrar of the court in which any person is convicted of a corrupt practice must, not later than the fifth day of the month following the date of the conviction, forward to the Electoral Commission a certificate showing—

                        3. the name, date of birth, place of residence, and description of the offender; and
                          1. the particulars of the conviction.

                            1. Nothing in subsection (1)(a) or (b) applies to—

                            2. a person, being—
                              1. a public servant or a member of the Defence Force; or
                                1. a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, who is outside New Zealand in the course of that person’s duties; or
                                  1. an officer or employee of New Zealand Trade and Enterprise established by the New Zealand Trade and Enterprise Act 2003; or
                                  2. a person who—
                                    1. is accompanying a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) who is outside New Zealand in the course of that person’s duties; and
                                      1. is the spouse, civil union partner, de facto partner, or child of the person referred to in subparagraph (i), or the child of the spouse, civil union partner, or de facto partner of that person.

                                      Compare
                                      Notes
                                      • Section 80(1)(a): amended, on , by section 22(1) of the Electoral Amendment Act 2022 (2022 No 80).
                                      • Section 80(1)(b): amended, on , by section 66 of the Electoral Amendment Act 2025 (2025 No 82).
                                      • Section 80(1)(b): amended, on , by section 22(2) of the Electoral Amendment Act 2022 (2022 No 80).
                                      • Section 80(1)(c): substituted, on , by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).
                                      • Section 80(1)(d): replaced, on , by section 10(1) of the Electoral Amendment Act 2025 (2025 No 82).
                                      • Section 80(1A): replaced, on , by section 10(2) of the Electoral Amendment Act 2025 (2025 No 82).
                                      • Section 80(2): replaced, on , by section 10(3) of the Electoral Amendment Act 2025 (2025 No 82).
                                      • Section 80(3)(a)(iii): amended, on , by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).
                                      • Section 80(3)(b)(ii): substituted, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).