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Electoral Act 1993

Elections - Special voting

172: Voting by special voters

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"Voting in a different way or place is called special voting"

Illustration for Electoral Act 1993

You can vote as a special voter in a different place or time. You can vote in a different way and with different conditions. These conditions are decided by regulations made under the Electoral Act. You can get a special ballot paper to vote. This paper might look different from the ordinary ballot paper. It might have logos on it, but it does not have to. When you vote as a special voter, most of the rules in the Electoral Act still apply. You can find more information in section 61 of the Act. Constituency candidates can choose people to watch the voting process. These watchers are called scrutineers and they can be at the Electoral Commission office. Only one scrutineer from each candidate can be there at a time. The special vote ballot papers can have logos from section 127(7) and (8), section 143(3A) and (4), or section 146E(4) and (5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309843.

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Topics:
Government and voting > Elections
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173: Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels, or

"Voting rules for people on islands or fishing boats are different, but old rules no longer apply."

Part 6Elections
Special voting

172Voting by special voters

  1. Notwithstanding anything to the contrary in this Act, a special voter may vote at such place (whether at a polling place or not and whether in or outside New Zealand), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this Act.

  2. Different methods of voting may be prescribed for different classes of special voters.

  3. The ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot papers for any district may be in a different series from that used for the ordinary ballot papers.

  4. The special vote ballot papers may contain the logos submitted in accordance with section 127(7) and (8) or section 143(3A) and (4) or section 146E(4) and (5) or a depiction of those logos in black and white; but nothing in this Act requires the inclusion of those logos on the special vote ballot papers.

  5. Each constituency candidate may, in writing, appoint 1 or more scrutineers to be present at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

  6. Repealed

  7. Repealed

  8. If a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate may be present at any time at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

  9. Repealed

  10. Subject to the provisions of this section and section 61, and to the provisions of any regulations made for the purposes of this section, all the provisions of this Act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.

Notes
  • Section 172(3A): inserted, on , by section 50 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
  • Section 172(3A): amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
  • Section 172(4): replaced, on , by section 81(1) of the Electoral Amendment Act 2017 (2017 No 9).
  • Section 172(5): repealed, on , by section 108 of the Electoral Amendment Act 2025 (2025 No 82).
  • Section 172(5A): repealed, on , by section 108 of the Electoral Amendment Act 2025 (2025 No 82).
  • Section 172(6): replaced, on , by section 81(3) of the Electoral Amendment Act 2017 (2017 No 9).
  • Section 172(7): repealed, on , by section 108 of the Electoral Amendment Act 2025 (2025 No 82).