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Electoral Act 1993

Registration of electors - Objections to registration

95D: Reference of elector’s objection to District Court

You could also call this:

"What happens if you disagree with someone being on the voter list and want a court to decide"

Illustration for Electoral Act 1993

If you object to someone being on the electoral roll, the Electoral Commission will refer your objection to the District Court unless you withdraw it within 14 days. You can withdraw your objection after you get a notice under section 95A(1) or section 96(2).

The Electoral Commission must also refer your objection to the District Court if the person's name is not removed from the roll under section 95B or retained on the roll under section 95C.

If a party is not happy with the Electoral Commission's decision made under section 95B or section 95C, they can notify the Electoral Commission in writing within 14 days, and the Electoral Commission must refer the objection to the District Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309115.

Topics:
Government and voting > Elections
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95C: Power to retain name on roll, or

"Keeping your name on the electoral roll if someone objects"

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96: Electoral Commission’s objection, or

"When the Electoral Commission thinks you can't vote in a district, they can object and must tell you why."

Part 5Registration of electors
Objections to registration

95DReference of elector’s objection to District Court

  1. Unless,—

  2. within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to, the objection is withdrawn; or
    1. the name of the person who is objected to is removed from the roll under section 95B or retained on the roll under section 95C,—
        1. the Electoral Commission must refer the objection to the District Court, and must notify the parties of the time and place appointed for the hearing.

      1. Subject to subsection (3), where any party notifies the Electoral Commission that the party is dissatisfied with a decision of the Electoral Commission made under section 95B or section 95C, the Electoral Commission must refer the objection to the District Court, and must notify the parties of the time and place appointed for the hearing.

      2. Any notification given by a party under subsection (2) shall be in writing and shall be given within 14 days after the day on which the party is notified by the Electoral Commission under section 95B or section 95C, as the case may be.

      Notes
      • Section 95D: inserted, on , by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
      • Section 95D(1): amended, on , by section 40(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 95D(1): amended, on , by section 40(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 95D(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 95D(2): amended, on , by section 40(2)(a) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 95D(2): amended, on , by section 40(2)(b) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 95D(2): amended, on , by section 40(2)(c) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 95D(2): amended, on , by section 40(2)(d) of the Electoral Amendment Act 2017 (2017 No 9).
      • Section 95D(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 95D(3): amended, on , by section 40(3) of the Electoral Amendment Act 2017 (2017 No 9).