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Electoral Act 1993

Elections - Polling at elections

162: Employees to have time off to vote

You could also call this:

"Time off work to vote on polling day"

Illustration for Electoral Act 1993

On polling day, your employer must let you leave work to vote if you are an elector and have not already voted. You can leave work after 3 o'clock in the afternoon and your employer cannot deduct pay for the rest of the day. If you have to work after 3 o'clock, your employer must still let you take a reasonable time to vote, and they cannot deduct more than two hours of pay. The terms 'employer' and 'worker' in this section have the same meaning as in the Employment Relations Act 2000 and the Employment Relations Act 2000 respectively. If your employer does not let you vote, they can be fined up to $1,000. This rule also applies to the master of a ship in a New Zealand port, who must let crew members go ashore to vote if they are registered electors. The master can also be fined up to $1,000 if they do not let crew members vote without a good reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309807.

Topics:
Government and voting > ElectionsWork and jobs > Worker rights
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Part 6Elections
Polling at elections

162Employees to have time off to vote

  1. Subject to the provisions of this section, on the polling day at any election every employer shall allow every worker in his or her employment who is an elector of any electoral district in which the election is being held, and who has not had a reasonable opportunity of voting before commencing work, to leave his or her work for the purpose of voting not later than 3 o’clock in the afternoon for the remainder of the day, and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time after the time of his or her leaving his or her work as aforesaid.

  2. Where any such worker is required to work after 3 o’clock in the afternoon of polling day for the purpose of carrying on any essential work or service, his or her employer shall on that day allow the worker to leave his or her work for a reasonable time for the purpose of voting, and it shall not be lawful for the employer to make any deduction from any remuneration payable to the worker in respect of any time, not exceeding 2 hours, occupied in voting as aforesaid.

  3. Every person commits an offence and shall be liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1) or subsection (2).

  4. Every master of a ship that happens to be in any port in New Zealand at the time of any general election or by-election in any district, at the request of any of the crew being registered or qualified to be registered as electors of that district, shall allow them to go ashore at a proper time to admit of their voting at the election; and every master who without reasonable cause commits any breach of this subsection shall be liable on conviction to a fine not exceeding $1,000.

  5. For the purposes of this section,—

    employer has the same meaning as in section 5 of the Employment Relations Act 2000

      master, in relation to any ship, includes any person (except a pilot) having command or charge of the ship

        worker has the same meaning as that given to employee in section 6 of the Employment Relations Act 2000.

        1. This section shall bind the Crown.

        Notes
        • Section 162(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 162(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
        • Section 162(5) employer: inserted, on , by section 91(2) of the Holidays Act 2003 (2003 No 129).
        • Section 162(5) employer and worker: repealed, on , by section 91(2) of the Holidays Act 2003 (2003 No 129).
        • Section 162(5) worker: added, on , by section 91(2) of the Holidays Act 2003 (2003 No 129).