Electoral Act 1993

Registration of electors - Qualification of electors

78A: Māori option may not be exercised in general election period

You could also call this:

"You can't change which type of voting area you're in during a general election time."

If you are a Māori elector, you cannot change the type of electoral district you vote in during a general election period. This means you cannot exercise the Māori option to change from a general electoral district to a Māori electoral district, or vice versa, during this time. The Electoral Commission will not process any requests to change your electoral district during a general election period.

When you are registered as an elector of an electoral district, or if you are named on a dormant roll and apply for registration, you cannot exercise the Māori option during a general election period. The Electoral Commission must not give effect to any advice or applications that would change your electoral district during this time, including those made under section 77(3) or section 83.

A general election period is the time before a general election, which can be either three months before polling day or the period from when public notice of polling day is given until polling day. If the polling day is changed, the general election period will also change.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS829452.

Topics:

Government and voting > Elections

78: Process for and effect of exercise of Māori option, or

"How to choose the Māori electoral roll and what happens next"

78B: Māori option may not be exercised in local government election period, or

"You can't change your Māori electoral roll during local council elections."

Part 5Registration of electors
Qualification of electors

78AMāori option may not be exercised in general election period

The following persons may not exercise the Māori option during a general election period:
a Māori who is registered as an elector of an electoral district:
a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district.

To avoid doubt, subsection (1) relates to changing the type of district in which the person is entitled to vote only and does not otherwise affect any other section in this Act relating to the registration of electors.
The Electoral Commission must not give effect to either of the following during a general election period:
any advice received under section 77(3) by a registered elector; or
if processing an application under section 83 by a Māori person named on a dormant roll, the choice made by the person when exercising the Māori option in that application if it would register them as an elector for a different type of district from that for which they were previously registered.

In this section, general election period means any of the following periods:
the period that is 3 months before polling day for a general election, if at least 3 months’ public notice is given of polling day (polling day A):
the period commencing on the day after the day on which public notice of polling day is given and ending on polling day, if less than 3 months’ public notice is given of polling day (polling day B):
if during a period specified in paragraph (a) or (b) public notice is given that polling day A or polling day B is changed to a later date (polling day C), such part of the period specified in paragraph (a) or (b) (as relevant) that has elapsed up until the end of the day on which the public notice is given, and a further period specified in paragraph (a) or (b) (as relevant) in relation to polling day C.

Notes

Section 78A: inserted, on 31 March 2023, by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).