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Electoral Act 1993

Repeals

Schedule 1: Provisions relating to Electoral Commission

You could also call this:

"Rules about the Electoral Commission, a group that helps with New Zealand elections"

Illustration for Electoral Act 1993

The Electoral Commission is a group that helps with elections in New Zealand. You can find out more about the Electoral Commission in the Electoral Act 1993. The chief executive of the Electoral Commission can appoint staff to help with elections. The Commission's income is exempt from income tax, which means they do not have to pay tax on the money they earn.

The Electoral Commission can ask the High Court for their opinion on any matter of law. The High Court will then give their opinion and send it back to the Commission. This helps the Commission make decisions about elections. Some rules about the Electoral Commission have been repealed, which means they are no longer in effect. These rules used to be about things like staff, meetings, and money, but they are no longer relevant. If you are a staff member of the Electoral Commission and you are already part of the Government Superannuation Fund, you will still be part of it. The Commission can also pay into a retirement scheme for their chief executive. You can learn more about retirement schemes in section 6(1) of the Financial Markets Conduct Act 2013. You can also learn more about the Government Superannuation Fund in the Government Superannuation Fund Act 1956.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310834.

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Schedule 1AA: Transitional, savings, and related provisions, or

"Special rules to help when the electoral law changes"

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Schedule 2: Forms, or

"Papers used for voting and elections"

1Provisions relating to Electoral Commission Empowered by s 14

1Conflict of interest disclosure rules do not apply to additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989 (Repealed)

    Notes
    • Schedule 1 clause 1: repealed, on , by section 26 of the Electoral Amendment Act 2007 (2007 No 113).

    2Travelling allowances and expenses (Repealed)

      Notes
      • Schedule 1 clause 2: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

      2AMeetings of Commission (Repealed)

        Notes
        • Schedule 1 clause 2A: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

        3Staff

        1. The chief executive of the Electoral Commission may, under delegation from the Board, appoint any officers and employees (including acting or temporary or casual officers and employees) as may be necessary for carrying this Act into effect.

        Notes
        • Schedule 1 clause 3: substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

        4Superannuation or retiring allowances

        1. For the purposes of providing superannuation or retiring allowances for the chief executive, the Commission may, out of the funds of the Commission, make payment to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

        2. Notwithstanding anything in this Act, any person who, immediately before being appointed as the chief executive or, as the case may be, becoming an officer or employee of the Electoral Commission, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as the chief executive or, as the case may be, to be an officer or employee of the Commission; and that Act shall apply to that person in all respects as if that person’s service as the chief executive or, as the case may be, as such an officer or employee were Government service.

        3. Subject to the Government Superannuation Fund Act 1956, nothing in subclause (2) entitles any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.

        4. For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds office as the chief executive or, as the case may be, is in the service of the Electoral Commission as an officer or employee and (in any such case) is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to any such person, means the chief executive.

        Notes
        • Schedule 1 clause 4(1): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Schedule 1 clause 4(1): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

        5Application of certain Acts to Commission and staff (Repealed)

          Notes
          • Schedule 1 clause 5: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

          6Services for Commission (Repealed)

            Notes
            • Schedule 1 clause 6: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

            7Funds of Commission (Repealed)

              Notes
              • Schedule 1 clause 7: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

              8Bank accounts (Repealed)

                Notes
                • Schedule 1 clause 8: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                9Investment of money (Repealed)

                  Notes
                  • Schedule 1 clause 9: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                  10Commission not to borrow without consent of Minister of Finance (Repealed)

                    Notes
                    • Schedule 1 clause 10: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                    11Seal (Repealed)

                      Notes
                      • Schedule 1 clause 11: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                      12Exemption from income tax

                      1. The income of the Commission shall be exempt from income tax.

                      13Crown entity (Repealed)

                        Notes
                        • Schedule 1 clause 13: repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).

                        14Commission may state case for opinion of High Court

                        1. The Commission may, at any time, state a case for the opinion of the High Court on any question of law arising in any matter before it.

                        2. The High Court may order the removal into the Court of Appeal of any case stated for the opinion of the High Court under this section.

                        3. The High Court or the Court of Appeal, as the case may be, must hear and determine the question, and must remit the case with its opinion to the Commission.

                        Notes
                        • Schedule 1 clause 14: added, on , by section 99 of the Electoral Amendment Act 2002 (2002 No 1).