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Electoral Act 1993

Elections - Nominations

145: Acceptance or rejection of nomination

You could also call this:

"Deciding if someone can be a candidate in an election"

Illustration for Electoral Act 1993

When you want to be a candidate in an election, you need to fill out a nomination paper. The Returning Officer will check your paper to make sure it is correct. They will reject your nomination if it is not lodged on time, or if you are not a registered elector of the district. They will also check that your nomination paper has your correct name and is signed by at least two registered electors of the district. You need to pay a deposit as required by the Electoral Act 1993. If you do not meet these requirements, the Returning Officer will reject your nomination. The Returning Officer must be satisfied that the name on your nomination paper is your real name, which can be the name you were born with, or a name you changed to under the Births, Deaths, Marriages, and Relationships Registration Act 2021, or a name you have been known by for at least 12 months. You can use your spouse's surname if you are married or in a civil union. The Returning Officer can accept your nomination even if your name does not meet these requirements, but only if they think you have a good reason for using a different name and it is not indecent or offensive. In most cases, the Returning Officer will accept your nomination if everything is in order.

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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.

Topics:
Government and voting > Elections
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146: Withdrawal of nomination, or

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Part 6Elections
Nominations

145Acceptance or rejection of nomination

  1. Subject to the concurrence of the Electoral Commission, the Returning Officer shall reject the nomination of any constituency candidate—

  2. if the nomination paper and the consent of the candidate are not lodged with the Returning Officer not later than noon on nomination day; or
    1. if 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. if the nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or
          1. if the required deposit is not paid as required by this Act.

            1. Subject to the concurrence of the Electoral Commission, the Returning Officer shall not accept the nomination of any constituency candidate if the Returning Officer is not satisfied, by such evidence (if any) as the Returning Officer 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 Returning Officer; or
                  1. the name which was adopted by the candidate 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 Returning Officer and which was used by the candidate throughout that period.

                    1. Despite anything in subsection (2), in applying that subsection in the case of any constituency candidate who is, or has been, married to, or in a civil union with, another person, the other person’s surname may be substituted for the candidate’s surname in any of the cases specified in paragraphs (a) to (d) of that subsection, unless, if the other person were nominated as a constituency candidate under that surname, the Returning Officer would be required to reject his or her nomination under the provisions of that subsection.

                    2. Repealed

                    3. Notwithstanding anything in subsection (2), the Returning Officer may, with the concurrence of the Electoral Commission, accept the nomination of any constituency candidate under a name that does not comply with the provisions of that subsection, if the Returning Officer is satisfied that the name has been adopted by the candidate in good faith and for good reason and is not indecent or offensive or likely to deceive or cause confusion.

                    4. In every other case the Returning Officer shall accept the nomination.

                    5. Nothing in subsection (6) limits the jurisdiction of the court hearing an election petition.

                    Notes
                    • Section 145(1): amended, on , by section 71 of the Electoral Amendment Act 2017 (2017 No 9).
                    • Section 145(1)(ca): repealed, on , by section 14 of the Electoral Amendment Act 2009 (2009 No 1).
                    • Section 145(2): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                    • Section 145(2)(a): amended, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
                    • Section 145(2)(a): amended, on , pursuant to section 96 of the Births, Deaths, and Marriages Registration Act 1995 (1995 No 16).
                    • Section 145(2)(d): substituted, on , by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
                    • Section 145(2)(d): amended, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
                    • Section 145(3): substituted, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                    • Section 145(4): repealed, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
                    • Section 145(5): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).