Part 5Registration of electors
Removal of names from roll and alterations to roll
98Removal of names from roll by Electoral Commission
Subject to subsection (6), the Electoral Commission must remove from the roll—
- the name of every person who, consequent on a change in his or her place of residence,—
- is not qualified to be registered as an elector of the district; and
- resides in, and is registered as an elector of, another district:
- is not qualified to be registered as an elector of the district; and
- the name of every person of whose identity the Electoral Commission is satisfied and whose death has been notified to the Electoral Commission—
- by any Registrar of Births and Deaths; or
- by the father, mother, or spouse, civil union partner, or de facto partner of that person or by a sister or brother of that person:
- by any Registrar of Births and Deaths; or
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- the name of every person who, as a result of an inquiry made at that person’s address on the roll, the Electoral Commission has reason to believe has ceased for 1 month or upwards to reside in the district:
- the name of every person whose name is entered on the Corrupt Practices List made out for any district:
- the name of every person whose disqualification under section 80—
- is duly certified to the Electoral Commission; or
- is notified to the Electoral Commission under section 81:
-
- is duly certified to the Electoral Commission; or
- the name of every Māori person who has exercised the Māori option under section 76 and chosen to be registered as an elector for a different type of electoral district:
- where the roll is for a Maori electoral district, the name of every person who is not a Maori:
- the name of every person who has been registered for the district—
- by mistake; or
- by clerical error; or
- as a result of false information.
- by mistake; or
Notwithstanding anything in this Act, the Electoral Commission, on being satisfied that the name of any person has been omitted or removed from the roll—
- by mistake; or
- by clerical error; or
- as a result of false information,—
In addition to other powers of alterations conferred by this Act, the Electoral Commission may at any time, subject to subsection (6), alter the roll—
- by correcting any mistake or omission in the particulars of the enrolment of a person:
- by striking out the superfluous entry when the name of a person appears more than once on the roll.
The Electoral Commission may, subject to subsection (6), place a person’s name on the roll if—
- the person has been registered as an elector of a district other than the district in which the person should have been registered; and
- the person’s name has, under subsection (1)(h) or (i), been removed from the roll of the district for which the person was correctly registered.
Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on
polling day, the Electoral Commission must, on removing that name, enter it on a list to be known as the list of post-writ day deletions.No alteration pursuant to this section shall be made to the roll for a district in the period beginning on the day after polling day and ending on the day after the day of the return of the writ.
Notes
- Section 98 heading: amended, on , by section 43(1) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(1): amended, on , by section 43(2) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(1)(b): amended, on , by section 43(3) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(1)(b)(ii): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
- Section 98(1)(c): repealed, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).
- Section 98(1)(d): substituted, on , by section 31(3) of the Electoral Amendment Act 2002 (2002 No 1).
- Section 98(1)(d): amended, on , by section 43(4) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(1)(f)(i): amended, on , by section 10(1) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).
- Section 98(1)(f)(i): amended, on , by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(1)(f)(ii): inserted, on , by section 10(2) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).
- Section 98(1)(f)(ii): repealed, on , by section 8 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).
- Section 98(1)(g): replaced, on , by section 12 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).
- Section 98(2): amended, on , by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(3): amended, on , by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(4): replaced, on , by section 43(6) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(5): amended, on , by section 7(1) of the Electoral Amendment Act 2020 (2020 No 2).
- Section 98(5): amended, on , by section 43(7) of the Electoral Amendment Act 2017 (2017 No 9).
- Section 98(6): amended, on , by section 7(2) of the Electoral Amendment Act 2020 (2020 No 2).


