Electoral Act 1993

Elections - Death or incapacity of candidate

152B: Procedural provisions relating to making of application under section 152A(1)

You could also call this:

"Rules for making a special application about a candidate who is too sick to campaign"

If you want to make an application under section 152A(1), you need to follow some rules. You must make the application in a certain way, depending on how the candidate was nominated. If the candidate was nominated by two registered electors, the application must be made by those electors or the candidate's agent.

The application must be made to the Returning Officer for the district. If the candidate was nominated by a party, the application must be made by the party's secretary to the Electoral Commission.

You must use a form provided by the Electoral Commission and have it witnessed by a Justice of the Peace or a solicitor. The application must also include a certificate from a medical practitioner that says what is wrong with the candidate and that the candidate is incapacitated, as defined in section 151A.

You must submit the application to the Returning Officer or the Electoral Commission by 4 pm on nomination day. You can submit it by hand, post, or electronically.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309654.

Topics:

Government and voting > Elections

152A: Incapacity of candidate before close of nominations, or

"What happens if an election candidate can't continue before nominations end"

152C: How application under section 152A to be dealt with, or

"What happens when you ask to check if a candidate can't run in an election"

Part 6Elections
Death or incapacity of candidate

152BProcedural provisions relating to making of application under section 152A(1)

An application under section 152A(1) must be made as follows:
if the candidate was nominated under section 143,—
1. the application must be made by the 2 registered electors who nominated the candidate, or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:
2. the application must be made to the Returning Officer for the district:
if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K,—
1. the application must be made by the secretary of the party:
2. the application must be made to the Electoral Commission.

The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.
The application must be accompanied by a certificate signed by a medical practitioner that certifies—
as to the candidate’s condition; and
that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.

The application—
must be submitted to the Returning Officer or, as the case requires, the Electoral Commission not later than 4 pm on nomination day; and
may be submitted by hand, post, or electronically.

Notes

Section 152B: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
Section 152B(1)(b)(ii): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 152B(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 152B(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 152B(4)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 152B(4)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).