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Electoral Act 1993

Registration of electors - Electoral rolls

113: Supply of computer-compiled lists and electronic storage media to local authorities

You could also call this:

"Local authorities can get voter information from the Electoral Commission for elections."

Illustration for Electoral Act 1993

If you work for a local authority, you can get some information from the Electoral Commission. This information is for elections, by-elections, or polls. You can get a list of people who can vote in these events.

You might need to pay a fee for this information. The Electoral Commission can give you the information on a computer or a special storage device. You have to give the storage device back to the Electoral Commission when you are done with it.

The information you can get includes people's names, addresses, and occupations. It also includes what area they live in and what kind of election they can vote in. You can only use this information for the election, by-election, or poll. You cannot use it for anything else.

In some cases, the Electoral Commission might not give you all the information you ask for. This could be because you only need some of the information for the event you are planning. The Electoral Commission follows rules made by the government when giving out this information. You can find these rules in section 267 of the Electoral Act.

A local authority is defined in section 5 of the Local Electoral Act 2001. The Electoral Commission can also give information to other groups, like those that provide health services or electricity. These groups have to follow certain rules and be approved by the government. They also have to pay a fee for the information.

Sometimes, a local authority might conduct an election for another group. In this case, the local authority can charge a fee for doing so. The Minister can also approve certain groups to receive electoral information. These groups have to follow the rules and be in the public interest.

The Electoral Commission can give out a person's date of birth if a local authority is using a certain voting method. This method is described in section 141(3) of the Local Electoral Act 2001. The government has made rules about how the Electoral Commission can give out information. You can find these rules in the Electoral Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309174.

Topics:
Government and voting > ElectionsGovernment and voting > Local councils
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112A: Provision of electoral information to Government Statistician, or

"Sharing voter information with the Government Statistician to help with statistics and research"

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114: Supply of electoral information to candidates, political parties, and members of Parliament, or

"Getting voter information for candidates, parties, and MPs"

Part 5Registration of electors
Electoral rolls

113Supply of computer-compiled lists and electronic storage media to local authorities

  1. Subject to this section, if an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain specified information for the purposes of any election, by-election, or poll that is required by or under any Act, the electoral official is entitled to obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing that information.

  2. For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply where the list or information is required for the purpose of determining whether or not there has been a valid demand for a poll or a survey of electors.

  3. The specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267.

  4. Any electronic storage medium supplied by the Electoral Commission must be returned to the Electoral Commission as soon as practicable after use.

  5. Where the specified information is requested for a by-election or poll to be conducted at some time other than a triennial general election, the Electoral Commission may supply only such of the specified information as is relevant to the conduct of the by-election or poll.

  6. If an electoral official requires specified information for any purpose other than a purpose specified in subsection (1), and the latest information already available to the electoral official is not suitable for the purpose, the electoral official may make a special request to the Electoral Commission for the information, which must be supplied subject to, and in accordance with, any regulations made under section 267.

  7. Repealed

  8. Regulations made under section 267 may prescribe—

  9. fees for the supply of an electronic storage medium by the Electoral Commission in any case; and
    1. fees for providing information under this section on an electronic storage medium in any case to which subsection (1) does not apply.

      1. If an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain, for the purposes of compiling a roll of electors for the local authority and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that electoral official, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.

      2. Any electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) may, on payment of the prescribed fee, and in accordance with regulations made under this Act, obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing specified information, for the purpose of conducting an election for any body, where the Electoral Commission is satisfied that—

      3. the body is established by statute or is a corporate or unincorporate body established by a local authority or local authorities or is a body contracted by a local authority or local authorities to provide services to some or all local residents or is a body that provides health services or disability support services or electricity supply or is a trust that owns shares in a body or bodies involved in electricity supply to some or all local residents; and
        1. the body has in place procedures for the democratic conduct of its elections; and
          1. it is in the public interest that the election be conducted by a local authority.

            1. Nothing in subsection (9A) or subsection (9D) requires a local authority to conduct an election on behalf of any other body but, where a local authority conducts an election for another body, the local authority may impose a charge in respect of the conduct of the election.

            2. Where any officer of a body designated by notice in writing pursuant to subsection (9D) wishes to obtain, for the purpose of compiling a roll of electors for an election and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that officer, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.

            3. The Minister may, by notice in writing, designate bodies for the purposes of subsection (9C) if the Minister is satisfied that—

            4. the body has in place procedures for the democratic conduct of its elections; and
              1. it is in the public interest that the elections are conducted using the specified information.

                1. For the purposes of this section, the term specified information means, in respect of each elector appearing to reside in the appropriate area and entitled to vote in the election, by-election, or poll, so much of the following information as is requested by an electoral officer or electoral official or designated body:

                2. the elector’s name, including first names, surname, and preferred honorific (if any):
                  1. the elector’s residential address and postal address (if different):
                    1. the elector’s occupation (if any):
                      1. the elector’s electoral district (whether Maori or General):
                        1. statistical meshblock details:
                          1. a description of each—
                            1. region or constituency of a region; or
                              1. territorial authority district; or
                                1. ward; or
                                  1. community board area; or
                                    1. local board area; or
                                      1. other local authority and, where appropriate, local authority subdivision,—
                                        2. in respect of which the elector appears to be entitled to vote.

                                      2. However, if a local authority has resolved to adopt, for an election, a by-election, or a poll, a voting method to which section 141(3) of the Local Electoral Act 2001 applies,—

                                      3. the electoral official of the local authority is also entitled to obtain the elector’s date of birth under subsection (1); and
                                        1. for that purpose, subsections (1) to (5) apply as if the date of birth of an elector described in subsection (10) were also specified information.

                                          Notes
                                          • Section 113 heading: substituted, on , by section 37(1) of the Electoral Amendment Act 2002 (2002 No 1).
                                          • Section 113(1): substituted, on , by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).
                                          • Section 113(1): amended, on , by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(4): substituted, on , by section 37(3) of the Electoral Amendment Act 2002 (2002 No 1).
                                          • Section 113(4): amended, on , by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(5): amended, on , by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(6): substituted, on , by section 151 of the Local Electoral Act 2001 (2001 No 35).
                                          • Section 113(6): amended, on , by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(6): amended, on , by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).
                                          • Section 113(7): repealed, on , by section 37(4) of the Electoral Amendment Act 2002 (2002 No 1).
                                          • Section 113(8): substituted, on , by section 37(5) of the Electoral Amendment Act 2002 (2002 No 1).
                                          • Section 113(8)(a): amended, on , by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(9): substituted, on , by section 151 of the Local Electoral Act 2001 (2001 No 35).
                                          • Section 113(9): amended, on , by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(9): amended, on , by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).
                                          • Section 113(9A): inserted, on , by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                                          • Section 113(9A): amended, on , by section 52(10) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(9A): amended, on , by section 52(16)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(9A): amended, on , by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).
                                          • Section 113(9A): amended, on , by section 37(6) of the Electoral Amendment Act 2002 (2002 No 1).
                                          • Section 113(9A): amended, on , by section 151 of the Local Electoral Act 2001 (2001 No 35).
                                          • Section 113(9A)(a): amended, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
                                          • Section 113(9B): inserted, on , by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                                          • Section 113(9C): inserted, on , by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                                          • Section 113(9C): amended, on , by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                                          • Section 113(9C): amended, on , by section 37(6) of the Electoral Amendment Act 2002 (2002 No 1).
                                          • Section 113(9D): inserted, on , by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                                          • Section 113(10): substituted, on , by section 33(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
                                          • Section 113(10): amended, on , by section 151 of the Local Electoral Act 2001 (2001 No 35).
                                          • Section 113(10)(f)(iva): inserted, on , by section 17(1) of the Local Electoral Matters Act 2019 (2019 No 7).
                                          • Section 113(11): inserted, on , by section 17(2) of the Local Electoral Matters Act 2019 (2019 No 7).