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Electoral Act 1993

Elections - Nominations

145: Acceptance or rejection of nomination

You could also call this:

"Checking if you can be a candidate in an election"

Illustration for Electoral Act 1993

The Electoral Commission checks your nomination to be a candidate. You must lodge your nomination paper and consent by noon on nomination day. Your nomination paper must state you are a registered elector. The Electoral Commission rejects your nomination if it is not signed by at least 2 registered electors. They also reject it if the required deposit is not paid. You must use your real name, which can be the name you were born with, or a name you changed to through marriage or a name change. The Electoral Commission can accept your nomination under a different name if you used it in good faith. They can also accept it if you changed your surname after marrying someone. In any other case, the Electoral Commission must accept your nomination.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309600.

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Topics:
Government and voting > Elections
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144: Deposit by candidate, or

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146: Withdrawal of nomination, or

"How to pull out of being a candidate in an election"

Part 6Elections
Nominations

145Acceptance or rejection of nomination

  1. The Electoral Commission must reject the nomination of a constituency candidate if—

  2. the nomination paper and the consent of the candidate are not lodged with the Electoral Commission by noon on nomination day; or
    1. the nomination paper does not state that the candidate is a registered elector of a specified electoral district, or, where section 49 applies, is a qualified elector of a specified electoral district; or
      1. the nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or
        1. the required deposit is not paid as required by this Act.

          1. The Electoral Commission must also reject the nomination of a constituency candidate if the Electoral Commission is not satisfied, by such evidence (if any) that the Electoral Commission requires, that the name under which the candidate is nominated is—

          2. the name under which the candidate’s birth was registered, with any alteration or addition made to it under section 67 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (or an earlier corresponding provision); or
            1. in the case of a person who has been adopted, the name conferred on that person by the adoption order; or
              1. the name by which the candidate was commonly known throughout the period of 12 months ending with the day on which the nomination paper is lodged with the Electoral Commission; or
                1. the name that the candidate adopted through a name change registered under section 71 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (or an earlier corresponding provision) before the period of 12 months ending with the day on which the nomination paper is lodged with the Electoral Commission and that the candidate used throughout that period.

                  1. However, the Electoral Commission may accept the nomination of any constituency candidate under a name that does not comply with subsection (2) if—

                  2. the Electoral Commission is satisfied that the candidate adopted the name in good faith and for good reason and the name is not indecent or offensive or likely to deceive or cause confusion; or
                    1. the candidate has substituted their surname with the surname of another person with whom the candidate is, or has been, married to, or in a civil union with, and the Electoral Commission would not be required to reject any nomination of the other person as a constituency candidate with that surname under subsection (2).

                      1. In any other case, the Electoral Commission must accept the nomination.

                      2. Subsection (4) does not limit the jurisdiction of the court hearing an election petition.

                      Notes
                      • Section 145: replaced, on , by section 85 of the Electoral Amendment Act 2025 (2025 No 82).