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Electoral Act 1993

Registration of electors - Registration

86A: Registration of prisoners serving sentence of imprisonment of less than 3 years

You could also call this:

"Voting rules for prisoners serving less than 3 years in New Zealand"

Illustration for Electoral Act 1993

When you are in prison for less than 3 years, some rules apply to you. You must be 18 years or older, or have turned 18 while in prison, for these rules to apply. The prison manager has to tell you about these rules.

The prison manager will advise you that if you are a New Zealand citizen or a permanent resident, and have lived in New Zealand for at least a year, you can register to vote. They will also tell you that you are required to apply to the Electoral Commission for registration, as stated in section 82. The prison manager will ask you if you want to send your details to the Electoral Commission to help you register to vote.

If you want to register to vote, the prison manager will follow the rules in section 86B to help you. This will happen if you are eligible to vote and want your details sent to the Electoral Commission. You will be able to register to vote if you meet the requirements.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS370163.

Topics:
Government and voting > Elections
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86AB: Registration of prisoners released after serving sentence of imprisonment of 3 years or more, or

"Voting rights for people released from prison after 3 years or more"

Part 5Registration of electors
Registration

86ARegistration of prisoners serving sentence of imprisonment of less than 3 years

  1. This section applies when—

  2. a prisoner who is 18 years or older—
    1. is received into a prison to serve a sentence of imprisonment for a term of less than 3 years; or
      1. has their sentence of imprisonment reduced or altered on appeal, or following a retrial, to a term of less than 3 years; or
      2. a prisoner turns 18 years while serving a sentence of imprisonment for a term of less than 3 years.

        1. If this section applies, the prison manager must, as soon as is reasonably practicable,—

        2. advise the prisoner that if they are a New Zealand citizen or a permanent resident of New Zealand (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 are qualified to be registered as an elector of an electoral district, and are required by section 82 to apply to the Electoral Commission for registration; and
          1. ask the prisoner whether they want their enrolment details sent to the Electoral Commission to facilitate their registration as an elector.

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

            Notes
            • Section 86A: inserted, on , by section 7 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).
            • Section 86A(1): replaced, on , by section 5 of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).