Electoral Act 1993

Registration of electors - Objections to registration

96: Electoral Commission’s objection

You could also call this:

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

Illustration for Electoral Act 1993

The Electoral Commission can object to your name being on the voting roll for a district if they think you are not qualified to vote there. If they object, they must tell you in writing why they object and what you can do about it. They will send this notice to you or someone who represents you.

The notice will explain why the Electoral Commission objects to your name being on the roll and what reasons they have for objecting. It will also tell you that you can send a statement to the Electoral Commission explaining why you think your name should stay on the roll. If you do this, the Electoral Commission might keep your name on the roll if they are satisfied with what you say.

The Electoral Commission will also tell you that if you do not send a statement within 14 days, they will remove your name from the roll under section 95B. They must deliver the notice to you in person, following the rules in the District Courts Rules 2014.

If the Electoral Commission cannot deliver the notice to you in person after trying at least twice, they will remove your name from the roll and add it to a special list called the dormant roll. This does not change any other rules about removing names from the roll.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309117.


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Part 5Registration of electors
Objections to registration

96Electoral Commission’s objection

  1. The Electoral Commission may at any time object to the name of any person being on the roll for a district on the ground that the person is not qualified to be registered as an elector of the district.

  2. If the Electoral Commission objects, it must give notice in writing of the objection to—

  3. the person objected to; or
    1. a representative of the person objected to.
      1. The notice must—

      2. inform the person objected to—
        1. of the grounds for the objection; and
          1. of the reasons supporting the grounds for objection; and
            1. that the person may forward to the Electoral Commission a statement signed by the person giving reasons why the person’s name should be retained on the roll; and
              1. that the person’s name will be retained on the roll if the person provides the Electoral Commission with evidence that satisfies the Electoral Commission that the person’s name should be retained on the roll; and
                1. that, if the person fails to forward a statement to the Electoral Commission within 14 days after the date on which the notice is served on the person, the Electoral Commission will remove the person’s name from the roll under section 95B; and
                2. be served personally in accordance with the rules governing personal service contained in the District Courts Rules 2014.
                  1. If the Electoral Commission is unable, after making any inquiries it thinks fit, to serve notice of objection on the person objected to personally, after making at least 2 attempts, the Electoral Commission must—

                  2. remove the person’s name from the roll; and
                    1. include the person’s name in the dormant roll maintained under section 109.
                      1. Nothing in this section affects any other provision of this Act that relates to the removal of names from the roll by the Electoral Commission.

                      Notes
                      • Section 96: replaced, on , by section 41 of the Electoral Amendment Act 2017 (2017 No 9).