Electoral Act 1993

Registration of electors - Qualification of electors

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

You could also call this:

"You can't change to a Māori voting area during a special election period if you want to vote in it."

If the Speaker says there is a vacancy in an electoral district, some rules apply. You cannot change your voting option to a Māori electoral district during a by-election period if it means you can vote in the by-election. This rule is for Māori people who are already registered to vote or who want to register to vote. The Electoral Commission cannot make changes to your voting option during a by-election period if you are a registered elector giving them advice under section 77(3) or if you are a Māori person applying to register to vote under section 83 and you want to change your voting option. A by-election period is the time from when the Speaker says there is a vacancy until the day of the by-election. However, these rules do not apply if under section 131 no writ is issued for the by-election.

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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=LMS829463.

Topics:

Government and voting > ElectionsMāori affairs > Treaty of Waitangi

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."

79: Determination of Māori electoral population, or

"How to calculate the number of Māori people who can vote"

Part 5Registration of electors
Qualification of electors

78CMāori option may not be exercised in by-election period

This section applies if the Speaker has published a notice of vacancy for an electoral district.
The following persons may not exercise the Māori option during a by-election period if doing so would result in the person being eligible to vote in the by-election:
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 (2) 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 by-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.

However, subsections (2) and (4) do not apply if under section 131 no writ is issued.
In this section, by-election period means the period beginning on the date on which the notice of vacancy is published and ending on polling day for the by-election.

Notes

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