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Electoral Act 1993

Elections - Death or incapacity of candidate

153G: Application for cancellation of nomination if candidate incapacitated after close of nominations

You could also call this:

"What happens if an election candidate can't continue due to illness or injury"

Illustration for Electoral Act 1993

If you are a candidate in an election and you become incapacitated after nominations have closed, someone can apply to cancel your nomination. You can be considered incapacitated if you are unable to perform your duties as a candidate. The application to cancel your nomination must be made to the Electoral Commission. If you were nominated by two registered electors, they must make the application, or if they are unable to, your agent can make it. If you were nominated by a party, the party secretary must make the application. The application must be made on a special form and witnessed by a Justice of the Peace or a solicitor. The application must include a certificate from a medical practitioner that says you are incapacitated. The medical practitioner must explain your condition and say that you are incapacitated as defined in section 151A. The application must be submitted to the Electoral Commission as soon as possible after you become incapacitated. You can submit the application by hand, post, or electronically. The application must be made before the election result is declared. The Electoral Commission will consider the application and decide whether to cancel 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=DLM309677.

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Part 6Elections
Death or incapacity of candidate

153GApplication for cancellation of nomination if candidate incapacitated after close of nominations

  1. An application may be made for the cancellation of the nomination of a candidate if,—

  2. in the case of a candidate whose name is included on a list submitted under section 127, the candidate becomes incapacitated after the submission of the list and before the declaration required by section 193(5):
    1. in the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll.

      1. An application under subsection (1) must be made as follows:

      2. 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:
          1. the application must be made to the Electoral Commission:
          2. if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, or is a candidate whose name is included on a list submitted under section 127,—
            1. the application must be made by the secretary of the party:
              1. the application must be made to the Electoral Commission.

              2. 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.

              3. The application must be accompanied by a certificate signed by a medical practitioner that certifies—

              4. as to the candidate’s condition; and
                1. that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.

                  1. The application—

                  2. must be submitted to the Electoral Commission—
                    1. as soon as practicable after the candidate becomes incapacitated; and
                      1. before the declaration of the result of the poll; and
                      2. may be submitted by hand, post, or electronically.

                        Notes
                        • Section 153G: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
                        • Section 153G(2)(a)(ii): amended, on , by section 103(1) of the Electoral Amendment Act 2025 (2025 No 82).
                        • Section 153G(2)(b)(ii): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                        • Section 153G(3): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                        • Section 153G(4): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                        • Section 153G(5)(a): amended, on , by section 103(2) of the Electoral Amendment Act 2025 (2025 No 82).
                        • Section 153G(5)(a): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
                        • Section 153G(5)(b): amended, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).