Electoral Act 1993

Elections - Death or incapacity of candidate

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

You could also call this:

"What happens when you ask to cancel a candidate's nomination due to illness or injury?"

Illustration for Electoral Act 1993

When you make an application under section 152A(1), the Electoral Commission must quickly decide if the candidate became incapacitated before nominations closed. The Electoral Commission can ask questions and get help to make this decision. They can even get expert medical help if needed. If the Electoral Commission decides the candidate was incapacitated before nominations closed, they must cancel the candidate's nomination. This must happen before midnight on nomination day. If the Electoral Commission has not made a decision by midnight on nomination day, the application is treated differently. It is treated as if it were an application under section 153G(1). The Electoral Commission must inform you of their decision as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309657.

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

"Rules for making a special application about a candidate"


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153: Death or incapacity of list candidate after submission of list, or

"What happens if a list candidate dies or can't take part after their party's list is submitted"

Part 6Elections
Death or incapacity of candidate

152CHow application under section 152A to be dealt with

  1. On receiving an application made under section 152A(1), the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated before the close of nominations.

  2. For the purpose of making a determination under subsection (1), the Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Electoral Commission considers necessary.

  3. If, before midnight on nomination day, the Electoral Commission determines that the candidate became incapacitated before the close of nominations, the Electoral Commission must cancel the candidate’s nomination.

  4. If the Electoral Commission has not made a determination under subsection (1) before midnight on nomination day, then—

  5. section 152A does not apply; and
    1. the application is to be treated as if it were an application under section 153G(1), and is to be determined accordingly.
      1. As soon as practicable after making a determination under subsection (1), the Electoral Commission must inform the applicant or applicants of that determination.

      Notes
      • Section 152C: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 152C(1): amended, on , by section 98(1) of the Electoral Amendment Act 2025 (2025 No 82).
      • Section 152C(1): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(2): amended, on , by section 98(2) of the Electoral Amendment Act 2025 (2025 No 82).
      • Section 152C(2): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(2): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(3): amended, on , by section 98(2) of the Electoral Amendment Act 2025 (2025 No 82).
      • Section 152C(3): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(4): amended, on , by section 98(2) of the Electoral Amendment Act 2025 (2025 No 82).
      • Section 152C(4): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 152C(5): amended, on , by section 98(2) of the Electoral Amendment Act 2025 (2025 No 82).
      • Section 152C(5): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).