Plain language law

New Zealand law explained for everyone

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 the Māori voting roll during a by-election if it lets you vote in that by-election."

Illustration for Electoral Act 1993

You cannot change your voting option to Māori during a by-election period if it means you can vote in that by-election. This rule applies to Māori who are already registered to vote or who want to register to vote. The Electoral Commission cannot make these changes during a by-election period, unless no election is held under section 131. A by-election period starts when a notice of vacancy is published or a writ for a fresh election is issued, and ends on polling day. The Electoral Commission must follow these rules when a by-election is held to fill a vacancy published under section 129(1) or when a fresh election is held in a district after a writ is issued under section 153E(2). You are affected by this rule if you are a Māori who is registered as an elector or who is named on a dormant roll and applies to register as an elector. The rule only stops you from changing the type of district you vote in, it does not affect other parts of the law about voter registration. The Electoral Commission will not process your application to change your voting option if it would let you vote in a different district during a by-election. This rule does not apply if no election is held under section 131.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS829463.

This page was last updated on — View changes

Topics:
Government and voting > ElectionsMāori affairs > Treaty of Waitangi
Previous

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

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

Next

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

  1. This section applies if—

  2. a notice of vacancy for an electoral district is published by the Speaker under section 129(1); or
    1. a writ for a fresh election in a district is issued by the Governor-General under section 153E(2).

      1. 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:

      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 (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.

          2. The Electoral Commission must not give effect to either of the following during a by-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 district from that for which they were previously registered.

              1. However, subsections (2) and (4) do not apply if under section 131 no writ is issued.

              2. In this section, by-election period means,—

              3. in the case of a by-election conducted to fill a vacancy published by the Speaker under section 129(1), the period beginning on the date on which the notice of vacancy is published and ending on polling day for the by-election; and
                1. in the case of a fresh election conducted in a district following the issue of a writ by the Governor-General under section 153E(2), the period beginning on the date on which the previous election failed and ending on polling day for the fresh election.

                  Notes
                  • Section 78C: inserted, on , by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).
                  • Section 78C(1): replaced, on , by section 58(1) of the Electoral Amendment Act 2025 (2025 No 82).
                  • Section 78C(6): replaced, on , by section 58(2) of the Electoral Amendment Act 2025 (2025 No 82).