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Electoral Act 1993

Corrupt and illegal practices - Illegal practices

218A: Providing food, drink, or entertainment around polling places

You could also call this:

"No free food, drink, or entertainment near voting places"

Illustration for Electoral Act 1993

When you are near a polling place, you cannot give away free food, drink, or entertainment. This rule is in place during any voting period and applies to areas around the polling place, known as controlled areas. You need to know what a controlled area is - it is the area within 100 metres of any entrance to the polling place. When you are in a controlled area, there are some exceptions to this rule. If you are a business that normally gives away free food or drink, you can still do this. You can also provide entertainment, like music, if it is part of your normal business. If you break this rule without a good reason, you can be guilty of an illegal practice. It is good to know what words like 'drink' and 'entertainment' mean in this context - 'drink' does not include water, and 'entertainment' includes music. You should understand that a polling place can include an advance polling place, and a voting period is when people can vote at the polling place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1563699.

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Topics:
Government and voting > Elections
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Part 7Corrupt and illegal practices
Illegal practices

218AProviding food, drink, or entertainment around polling places

  1. During any voting period, a person must not provide, free of charge, any food, drink, or entertainment in an area around a polling place knowing that the area is a controlled area.

  2. Subsection (1) does not apply to an entity that in its ordinary course of business provides, free of charge,—

  3. any food or drink in the controlled area around a polling place:
    1. entertainment—
      1. in the controlled area around a polling place; or
        1. outside the controlled area around a polling place but that may be seen or heard in the controlled area around a polling place.

        2. A person who, without reasonable excuse, contravenes subsection (1) is guilty of an illegal practice.

        3. In this section,—

          controlled area, in relation to a polling place, means the area within 100 metres of any entrance to the polling place, or any smaller area specified by the Electoral Commission for a particular polling place

            drink excludes water

              entertainment includes music

                polling place includes an advance polling place

                  voting period, in relation to a polling place, means any period during which electors may vote at the polling place.

                  Notes
                  • Section 218A: inserted, on , by section 49 of the Electoral Amendment Act 2025 (2025 No 82).