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Electoral Act 1993

Elections - Death or incapacity of candidate

153H: How application under section 153G to be dealt with

You could also call this:

"What happens when someone asks to check if a candidate can't do their job"

Illustration for Electoral Act 1993

When you apply under section 153G, the Electoral Commission must decide quickly if the candidate became incapacitated. The Electoral Commission can ask questions and get help to make this decision. They can get expert medical help if needed. If the Electoral Commission decides the candidate is incapacitated before the poll results are announced, they must cancel the candidate's nomination. If they do not make a decision before the poll results are announced, the application is declined. The Electoral Commission must tell you their decision as soon as possible. They make this decision based on what is said in section 153G. You can read more about this in section 153G by following the link to section 153G.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309680.

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Part 6Elections
Death or incapacity of candidate

153HHow application under section 153G to be dealt with

  1. On receiving an application made under subsection (1) of section 153G, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated in the circumstances set out in that subsection.

  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 the declaration of the result of the poll, the Electoral Commission determines that the candidate became incapacitated in the circumstances set out in section 153G(1), the Electoral Commission must cancel the candidate’s nomination.

  4. If the Electoral Commission has not made a determination under subsection (1) before the declaration of the result of the poll, the application is to be treated as having been declined.

  5. 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 153H: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
  • Section 153H(1): amended, on , by section 104(1) of the Electoral Amendment Act 2025 (2025 No 82).
  • Section 153H(1): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 153H(2): amended, on , by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82).
  • Section 153H(2): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 153H(2): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 153H(3): amended, on , by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82).
  • Section 153H(3): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 153H(4): amended, on , by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82).
  • Section 153H(4): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 153H(5): amended, on , by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82).
  • Section 153H(5): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).