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Electoral Act 1993

Miscellaneous provisions

268: Restriction on amendment or repeal of certain provisions

You could also call this:

"Some parts of the Electoral Act can't be changed without a big majority vote"

Illustration for Electoral Act 1993

You cannot change some parts of the Electoral Act 1993 without a big majority. These parts are called reserved provisions and they include things like the term of Parliament, which is mentioned in section 17(1) of the Constitution Act 1986. They also include rules about electoral districts and voting.

You need a majority of 75% of all members of the House of Representatives to change these reserved provisions. Alternatively, you can change them if most people vote for the change in a special poll. This rule does not apply if the provision is being re-enacted without any changes in a new Act that combines all the laws.

You can find these reserved provisions in sections like section 28, section 35, and section 74 of the Electoral Act 1993. They also include definitions like the term General electoral population in section 3(1) and the term adult in section 3(1) and section 60(f). Another reserved provision is section 168, which is about the method of voting.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310495.

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Government and voting > Elections
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Part 9Miscellaneous provisions

268Restriction on amendment or repeal of certain provisions

  1. This section applies to the following provisions (hereinafter referred to as reserved provisions), namely,—

  2. section 17(1) of the Constitution Act 1986, relating to the term of Parliament:
    1. section 28, relating to the Representation Commission:
      1. section 35, and the definition of the term General electoral population in section 3(1), relating to the division of New Zealand into electoral districts after each census:
        1. section 36, relating to the allowance for the adjustment of the quota:
          1. section 74, and the definition of the term adult in section 3(1), and section 60(f), so far as those provisions prescribe 18 years as the minimum age for persons qualified to be registered as electors or to vote:
            1. section 168, relating to the method of voting.

              1. No reserved provision shall be repealed or amended unless the proposal for the amendment or repeal—

              2. is passed by a majority of 75% of all the members of the House of Representatives; or
                1. has been carried by a majority of the valid votes cast at a poll of the electors of the General and Maori electoral districts:
                    1. provided that this section shall not apply to the repeal of any reserved provision by a consolidating Act in which that provision is re-enacted without amendment and this section is re-enacted without amendment so as to apply to that provision as re-enacted.