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Electoral Act 1993

Registration of electors - Registration

86AAB: Registration of persons removed from prison to hospital or secure facility

You could also call this:

"Voting rights for prisoners moved to hospital or a secure facility"

Illustration for Electoral Act 1993

You are in prison to serve a sentence. You get moved to a hospital or secure facility. You must be told to register as a voter if you are 18 or older and meet some conditions. You can register as a voter if you are 17 or older and meet some conditions. The Director of Mental Health must tell you about this. They must ask if you want to register as a voter. If you want to register, the Director of Mental Health will help you. They will send your details to the Electoral Commission. This will help you register as a voter, as stated in section 80(1)(c) and section 73, and section 86AAD applies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1563380.

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Topics:
Government and voting > ElectionsCrime and justice > Victim support
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86AA: Director of Mental Health to send to Electoral Commission information about persons disqualified for registration, or

"When you can't vote because of mental health care"

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86AAC: Registration of persons disqualified for registration under section 80(1)(c) following discharge, or

"Registering to Vote After Leaving a Hospital or Secure Facility"

Part 5Registration of electors
Registration

86AABRegistration of persons removed from prison to hospital or secure facility

  1. This section applies in respect of a person who—

  2. was detained in a prison to serve a term of imprisonment; and
    1. is removed to a hospital or secure facility; and
      1. is not disqualified for registration under section 80(1)(c); and
        1. is of or over the age of 17 years.

          1. The Director of Mental Health must, as soon as is reasonably practicable,—

          2. advise the person that,—
            1. if they are of or over the age of 18 years and they are a New Zealand citizen or a resident for electoral purposes (as defined in section 73) and have at some time resided continuously in New Zealand for a period of not less than 1 year, they must, within 1 month after the date on which they were removed to the hospital or secure facility, apply to the Electoral Commission for registration as an elector of an electoral district; or
              1. if they are of or over the age of 17 years, but under the age of 18 years, and they are a New Zealand citizen or a resident for electoral purposes (as defined in section 73) and have at some time resided continuously in New Zealand for a period of not less than 1 year, they may apply to the Electoral Commission for registration as an elector of an electoral district; and
              2. ask the person whether they want their registration details sent to the Electoral Commission to facilitate their registration as an elector.

                1. If the person wants their registration details sent to the Electoral Commission to facilitate their registration as an elector, section 86AAD applies.

                Notes
                • Section 86AAB: inserted, on , by section 12 of the Electoral Amendment Act 2025 (2025 No 82).