Electoral Act 1993

Registration of electors - Qualification of electors

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

You could also call this:

"Māori can't change their electoral roll type during local government elections"

Illustration for Electoral Act 1993

You cannot change your electoral district type during a local government election period if you are Māori. This rule applies to you if you are already registered as an elector or if you are on a dormant roll and want to register. The Electoral Commission will not make changes to your electoral district type during this time. You might be wondering what a local government election period is. It is the three months before polling day for certain elections. These elections include ones held under section 10(2) of the Local Electoral Act 2001. Some words have special meanings in this section. Section 5(1) of the Local Electoral Act 2001 explains what district, Māori constituency, Māori ward, and region mean. A local government election period is also defined in this section. It starts three months before polling day for certain elections, including triennial general elections and general elections of local authorities. These elections can be postponed or called by the Minister under the Local Government Act 2002, as seen in section 24A(3)(c) or 258I(1), and section 258M(1). The Electoral Commission must follow these rules when you exercise the Māori option, as stated in section 77(3) and section 83.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS829458.

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

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


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78C: Māori option may not be exercised in by-election period, or

"You can't change to the Māori voting roll during a by-election if it lets you vote in that by-election."

Part 5Registration of electors
Qualification of electors

78BMāori option may not be exercised in local government election period

  1. The following persons may not exercise the Māori option during a local government election period:

  2. a Māori who is registered as an elector of an electoral district:
    1. a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district.
      1. To avoid doubt, subsection (1) relates to changing the type of electoral 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.

      2. The Electoral Commission must not give effect to either of the following during a local government election period:

      3. any advice received under section 77(3) by a registered elector; or
        1. 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 electoral district from that for which they were previously registered.
          1. In this section,—

            district, Māori constituency, Māori ward, and region have the meanings given to them in section 5(1) of the Local Electoral Act 2001

              local government election period means a period that is 3 months before polling day for—

              1. an election held under section 10(2) of the Local Electoral Act 2001; or
                1. an election that is either of the following if the district or region in which the election is to be held has a Māori ward or Māori constituency:
                  1. a triennial general election of members of a local authority that has been postponed under section 24A(3)(c) or 258I(1) of the Local Government Act 2002:
                    1. a general election of a local authority called under section 258M(1) of the Local Government Act 2002 by the Minister responsible for the administration of that Act.

                  Notes
                  • Section 78B: inserted, on , by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).
                  • Section 78B(2): amended, on , by section 67(1) of the Electoral Amendment Act 2025 (2025 No 82).
                  • Section 78B(3)(b): amended, on , by section 67(1) of the Electoral Amendment Act 2025 (2025 No 82).
                  • Section 78B(4): replaced, on , by section 67(2) of the Electoral Amendment Act 2025 (2025 No 82).