87Procedure if immigration status means applicant apparently not qualified to be registered

1. This section applies if, as a result of a comparison carried out under section 263A, the Electoral Commission believes that a person who has applied to be (but is not yet) registered as an elector of an electoral district is—

2. unlawfully in New Zealand; or
3. lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.

4. If this section applies, the Electoral Commission must comply with subsections (3) to (5) before determining whether the applicant is qualified to be registered.

5. The Electoral Commission must, as soon as practicable, deliver to the applicant (personally or by post) a written notice that specifies—

6. that it believes that the person is—
   1. unlawfully in New Zealand; or
   2. lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type; and
7. that it may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to it by or on behalf of the applicant within 10 working days after the applicant receives the notice.

8. If the Electoral Commission receives no response within the time required, it must, as soon as practicable, deliver to the applicant (personally or by post) a further written notice that specifies—

9. the advice that it received under section 263A(5) in respect of the applicant; and
10. the date on which the initial notice was delivered to the applicant; and
11. that it may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to it by or on behalf of the applicant within 10 working days after the applicant receives the further notice.

12. The Electoral Commission may determine whether the applicant is qualified to be registered if—

13. it has not received any response within the time specified in subsection (4)(c); or
14. it has considered any response that was received within that time.

15. If the Electoral Commission determines that the applicant is not qualified to be registered, it must deliver to the applicant (personally or by post) a written notice of the determination.

16. For the purposes of this section, a notice sent to the applicant by post—

17. is, in the absence of proof to the contrary, to be treated as having been delivered to and received by the applicant by post on the fourth working day after the date on which it is sent by post; and
18. is to be treated as sent by post to the applicant on a particular day if it is proved to have been—
    1. properly addressed to the applicant; and
    2. submitted on that day to a person registered as a postal operator under the Postal Services Act 1998 for posting.