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Electoral Act 1993

Elections - Filling of vacancies in other seats

136: Power to resolve in certain cases not to supply vacancy

You could also call this:

"When to leave an empty seat in Parliament unfilled"

Illustration for Electoral Act 1993

If you are looking at a situation where a seat in the House of Representatives is empty, normally the Electoral Commission would be told to fill the vacancy. However, there are some cases where this might not happen. You might see this happen if the empty seat occurs in the last six months before the current Parliament ends, and at least 75% of the members of the House of Representatives agree that the seat should not be filled. This can also happen if the Prime Minister tells the House of Representatives that a general election will be held within six months of the seat becoming empty, and at least 75% of the members of the House of Representatives agree that the seat should not be filled, as stated in section 134.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309473.

Topics:
Government and voting > Elections
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137: Method of supplying vacancy, or

"Filling an empty seat in Parliament"

Part 6Elections
Filling of vacancies in other seats

136Power to resolve in certain cases not to supply vacancy

  1. Notwithstanding anything in section 134, no direction shall be issued under that section to the Electoral Commission to supply a vacancy in the House of Representatives if—

  2. the vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a direction not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or
    1. following the presentation to the House of Representatives by the Prime Minister of a document informing the House that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the House of Representatives to the effect that a direction is not to be issued to supply the vacancy.

      Notes
      • Section 136: amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 136(b): amended, on , by section 20 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).