Electoral Act 1993

Elections - Voting

163: Ballot box to remain closed during poll

You could also call this:

"Keep the ballot box closed while people are voting"

When you vote, the manager of the polling place checks the ballot box before the poll opens. They make sure it is empty, close it, and seal or lock it so it cannot be opened without breaking the seal or lock. The manager does this in front of any scrutineers who are present.

The ballot box stays closed until the poll is over, but there is an exception. If the ballot box gets full and there is no other one available, the manager can open it and squash the papers down. They do this in front of the scrutineers, then close and seal or lock the box again.

A ballot box is a box where you put your ballot papers, which are given to you according to section 167. The manager of the polling place is in charge of making sure the ballot box is handled correctly.

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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=DLM309818.

Topics:

Government and voting > Elections

162: Employees to have time off to vote, or

"Time off work to vote on polling day"

164: Persons not to remain in polling places, or

"Leave the voting place if you're not voting or helping with the election"

Part 6Elections
Voting

163Ballot box to remain closed during poll

The manager of the polling place shall, before the opening of the poll, and in sight of any of the scrutineers present,—
see that the ballot box is empty; and
close the ballot box; and
ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.

Subject to subsection (3), the ballot box, after being sealed or locked in accordance with subsection (1), shall not again be opened until after the close of the poll.
If the ballot box becomes full and no other ballot box is available, the manager of the polling place, in sight of any of the scrutineers present, may open the ballot box and compress the papers in it.
Where a ballot box is opened pursuant to subsection (3), the manager of the polling place shall, after compressing the papers and in sight of any of the scrutineers present,—
close the ballot box; and
ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.

In this section, ballot box means a box in which ballot papers issued in accordance with section 167 are deposited.

Notes

Section 163(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 163(3): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 163(4): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
Section 163(5): inserted, on 11 March 2020, by section 15 of the Electoral Amendment Act 2020 (2020 No 2).