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Electoral Act 1993

The House of Representatives - Vacancies

55A: Member of Parliament ceasing to be parliamentary member of political party

You could also call this:

"What happens if an MP leaves their political party"

Illustration for Electoral Act 1993

If you are a member of Parliament, this section applies to you, unless you were elected as an independent. Your seat in Parliament becomes empty if you stop being a member of the political party you were elected to represent. You stop being a member of your party if you give the Speaker a written notice that follows the rules in section 55B, or if your party leader gives the Speaker a written notice that follows the rules in section 55C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS110142.

Topics:
Government and voting > Elections
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55AAB: Purpose of sections 55A to 55E, or

"Making elections fair and honest in New Zealand"

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55B: Notice from member of Parliament, or

"When an MP wants to change parties, they must write to the Speaker to tell them."

Part 3The House of Representatives
Vacancies

55AMember of Parliament ceasing to be parliamentary member of political party

  1. This section applies to every member of Parliament, except a member elected as an independent.

  2. The seat of a member of Parliament to whom this section applies becomes vacant if the member of Parliament ceases to be a parliamentary member of the political party for which the member of Parliament was elected.

  3. For the purposes of subsection (2), a member of Parliament ceases to be a parliamentary member of the political party for which the member of Parliament was elected only if—

  4. the member of Parliament delivers to the Speaker a written notice that complies with section 55B; or
    1. the parliamentary leader of the political party for which the member of Parliament was elected delivers to the Speaker a written notice that complies with section 55C.

      Notes
      • Section 55A: inserted, on , by section 5 of the Electoral (Integrity) Amendment Act 2018 (2018 No 39).