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Electoral Act 1993

Registration of electors - Objections to registration

95A: Notice of elector’s objection

You could also call this:

"Someone complains about you being on the voter list: what happens next"

Illustration for Electoral Act 1993

When someone objects to your name being on the electoral roll, the Electoral Commission must tell you about it. They will send you a notice with the objector's name and the reasons for the objection. You might get this notice if someone thinks you should not be allowed to vote.

The Electoral Commission will send the notice to you, or to the person who helps you make decisions, or to the person you chose to act for you. The notice must be delivered to you in person, following the rules in the District Court Rules 2014.

The notice will tell you that you can send a statement to the Electoral Commission explaining why you think your name should stay on the roll. It will also tell you that if you do not send a statement within 14 days, the Electoral Commission will remove your name from the roll, as stated in section 95B. If the Electoral Commission cannot deliver the notice to you after trying at least twice, they will remove your name from the roll and add it to the dormant roll, as stated in section 109.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309108.

Topics:
Government and voting > Elections
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95: Elector’s objection, or

"Objecting to someone's name on the electoral roll"

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"What happens if someone says you shouldn't be on the electoral roll"

Part 5Registration of electors
Objections to registration

95ANotice of elector’s objection

  1. Subject to subsections (3) and (4) of section 95, the Electoral Commission must, on receipt of an objection under section 95, forthwith serve on—

  2. the person objected to; or
    1. the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or
      1. the attorney appointed by the person objected to under an enduring power of attorney,—
          1. notice in writing of the objection, which notice must include both the name of the objector and the particulars specified by the objector (being particulars sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection).

        1. Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in District Court Rules 2014.

        2. The notice issued by the Electoral Commission under subsection (1) must also inform the person objected to—

        3. that he or she may forward to the Electoral Commission a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
          1. that his or her name will be retained on the roll if he or she provides the Electoral Commission with evidence that satisfies the Electoral Commission that the name of the person objected to should be retained on the roll; and
            1. that if he or she fails to forward a statement to the Electoral Commission within 14 days after the day on which that notice is served on the person objected to, the Electoral Commission will, under section 95B, remove from the roll the name of the person objected to.

              1. If, after making the inquiries it thinks fit, the Electoral Commission is unable to serve the notice of objection on a person personally after making at least 2 attempts, the Electoral Commission must—

              2. remove the name of the person from the roll; and
                1. include the name in the dormant roll maintained under section 109.

                  Notes
                  • Section 95A: inserted, on , by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                  • Section 95A(1): amended, on , by section 37(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 95A(1): amended, on , by section 37(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 95A(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 95A(3): amended, on , by section 37(2) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 95A(3)(a): amended, on , by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 95A(3)(b): amended, on , by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 95A(3)(c): amended, on , by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).
                  • Section 95A(4): replaced, on , by section 37(4) of the Electoral Amendment Act 2017 (2017 No 9).