Electoral Act 1993

Registration of electors - Registration

86B: Prison manager to collect and send enrolment information to Electoral Commission

You could also call this:

"Prison staff help prisoners enrol to vote by collecting and sending their details to the Electoral Commission."

Illustration for Electoral Act 1993

If you are a prisoner and you want to enrol to vote, you need to give some information to the prison manager. You must provide your details, such as those specified in section 83(2)(a), (b), (c), (d), (g), and (h), so the prison manager can send them to the Electoral Commission. If you are Māori, you also need to say whether you want to be registered in a Māori electoral district or a General electoral district.

The prison manager must collect your information and send it to the Electoral Commission as soon as possible. If you are a prisoner referred to in section 86A, the prison manager will send your information as soon as they collect it. If you are a prisoner referred to in section 86AB, the prison manager will send your information after you are released from prison.

If you want to apply for a direction under section 115 to keep your name unpublished, the prison manager will help you prepare an application and send it to the Electoral Commission with your enrolment information. The prison manager can only use your information to send it to the Electoral Commission or to help you with your application.

If your prison sentence changes and you are no longer allowed to vote, the prison manager must tell the Electoral Commission. This might happen if your sentence gets longer and you are now disqualified from voting under section 80(1)(d).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS370170.


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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"


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86C: Enrolment information received from prison manager treated as application for registration, or

"Prisoners' info is used to sign them up to vote"

Part 5Registration of electors
Registration

86BPrison manager to collect and send enrolment information to Electoral Commission

  1. If a prisoner referred to in section 86A or 86AB wants their enrolment details sent to the Electoral Commission to facilitate their registration as an elector, the prisoner must provide to the prison manager the following information for that purpose:

  2. the prisoner’s details specified in section 83(2)(a), (b), (c), (d), (g), and (h); and
    1. if the prisoner is Māori, whether their choice is to be registered in a Māori electoral district or a General electoral district.
      1. The prison manager must collect the enrolment information provided by a prisoner and send that information to the Electoral Commission as soon as is reasonably practicable—

      2. after collecting the information, if the information is collected from a prisoner referred to in section 86A; or
        1. after the prisoner’s release from prison, if the information is collected from a prisoner referred to in section 86AB.
          1. If a prisoner wishes to apply for a direction under section 115 (unpublished names), the prison manager must—

          2. assist the prisoner to prepare an application accompanied by supporting information; and
            1. send the application and supporting information to the Electoral Commission with the prisoner’s enrolment information.
              1. A prison manager may not use or disclose the information collected from a prisoner other than in accordance with subsection (2) or (3).

              2. If, at any time after a prison manager sends a prisoner’s information to the Electoral Commission, the overall length of a prisoner’s sentence or sentences of imprisonment changes in a way that results in the prisoner becoming disqualified for registration as an elector under section 80(1)(d), the prison manager must advise the Electoral Commission.

              Notes
              • Section 86B: inserted, on , by section 7 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).
              • Section 86B(1): amended, on , by section 7(1) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).
              • Section 86B(1)(b): replaced, on , by section 7 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).
              • Section 86B(2): replaced, on , by section 7(2) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).
              • Section 86B(5): inserted, on , by section 7(3) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).