Plain language law

New Zealand law explained for everyone

Electoral Act 1993

Elections - Polling disruptions

195A: Adjournment of poll on polling day

You could also call this:

"Stopping voting on election day if there's a big problem"

Illustration for Electoral Act 1993

If there is a big problem on polling day, the Chief Electoral Officer can stop the voting at one or more polling places. You might wonder what kind of problem would cause this - it could be something unforeseen or unavoidable. The Chief Electoral Officer can stop the voting for a short time, like up to three days, or for a bit longer, like up to seven days at a time.

Before the Chief Electoral Officer decides to stop the voting for a longer time, they must talk to important people like the Prime Minister and the Leader of the Opposition. They also need to talk to people who know about the problem that is causing the disruption. The Chief Electoral Officer must be sure that stopping the voting is the right thing to do.

When the Chief Electoral Officer decides to stop the voting, they need to tell the Prime Minister and the Leader of the Opposition as soon as possible. They also need to tell the public about the change in plans, so everyone knows what is happening. If the voting is stopped for a few days, the deadline for finishing the election is also moved back by the same number of days.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS323969.

Topics:
Government and voting > Elections
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195: Meaning of unforeseen or unavoidable disruption, or

"What happens when something unexpected stops people from voting or disrupts an election"

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195B: Alternative voting processes to respond to polling disruption, or

"What happens if there's a problem at a voting place and how it gets fixed"

Part 6Elections
Polling disruptions

195AAdjournment of poll on polling day

  1. The Chief Electoral Officer may direct that the voting at 1 or more polling places on polling day be adjourned because of an unforeseen or unavoidable disruption.

  2. Voting may be adjourned on the direction of the Chief Electoral Officer for—

  3. an initial period of no more than 3 days; and
    1. 1 or more subsequent periods of no more than 7 days each.

      1. Before making a direction under subsection (2)(b) adjourning the voting for a subsequent period, the Chief Electoral Officer must—

      2. consult—
        1. the Prime Minister; and
          1. the Leader of the Opposition; and
            1. any person or organisation that in the Chief Electoral Officer’s opinion is able to give information about the scale and duration of the unforeseen or unavoidable disruption; and
            2. be satisfied that the adjournment is necessary in all the circumstances.

              1. The Chief Electoral Officer must, as soon as is reasonably practicable after making a direction under subsection (2)(a), notify the following persons of the adjournment:

              2. the Prime Minister; and
                1. the Leader of the Opposition.

                  1. The Chief Electoral Officer must, as soon as is reasonably practicable after making a direction under subsection (2)(a) or (b), give public notice of the adjournment in any manner that the Chief Electoral Officer considers appropriate.

                  2. If voting at 1 or more polling places is adjourned under this section for any number of days, the day on or before which the writ must be returned is postponed by the same number of days.

                  Notes
                  • Section 195A: inserted, on , by section 17 of the Electoral Amendment Act 2020 (2020 No 2).