5Interpretation

1. In this Act, unless the context otherwise requires,—

   allotment has the meaning given by section 218(2) of the Resource Management Act 1991

   assessment date means a date after the last periodic census on which the Government Statistician assessed the number of persons

   candidate—

   1. means a person who has been nominated as a candidate in any election; and
   2. includes, in Parts 5 and 5A, a person who has declared his or her intention of becoming a candidate

   census means the census of population and dwellings carried out by Statistics New Zealand under the Data and Statistics Act 2022

   close of nominations, in relation to any election, means 12 noon on nomination day

   close of voting, in relation to any election or poll, means,—

   1. if booth voting is the method of voting used at the election or poll, 7 pm on polling day:
   2. if postal voting is the method of voting used at the election or poll, 12 noon on polling day:
   3. if any other method of voting is used at the election or poll, the prescribed time and day at which the period during which an elector may cast a vote at an election or poll ends

   Commission means the Local Government Commission continued by section 37V of the Local Government Act 1974 or section 28 of the Local Government Act 2002

   community has the same meaning as in section 5(1) of the Local Government Act 2002

   community board has the same meaning as in section 5(1) of the Local Government Act 2002

   constituency means a constituency established under this Act and resulting from the division, for electoral purposes, of a region

   counting program is a computer application program used to implement the New Zealand method of counting single transferable votes that must operate within a particular operating environment

   district means the district of a local authority; and includes a region

   dormant roll means a dormant roll referred to in section 109 of the Electoral Act 1993

   election means election to any office in, under, or in connection with any local authority, local board, community board, or other body required by law to be filled by the election of the electors of any local government area

   elector means any person entitled under any law for the time being in force to vote at an election or poll, as the case may be, held under this Act

   Electoral Commission means the Electoral Commission established by section 4B of the Electoral Act 1993

   electoral officer means a person appointed under section 12(1); and includes any person for the time being exercising all or any of the duties and powers of that person

   electoral official means an electoral officer, a deputy electoral officer, and any person authorised to exercise any power or perform any duty of an electoral officer under section 12(2)

   electoral system means any of the following electoral systems that are prescribed for use at an election or poll:

   1. the system commonly known as First Past the Post:
   2. the system commonly known as Single Transferable Voting (STV) using the New Zealand method of counting single transferable votes

   electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic

   estimated general electoral population means the estimated total ordinarily resident population as at the assessment date with the exception of the estimated Māori electoral population

   estimated Māori electoral population means an estimated figure representing both the persons registered as electors of the Māori electoral districts and a proportion of Māori persons who are not registered as electors of any electoral district and a proportion of Māori persons under the age of 18 years, which figure must be fixed—

   1. by ascertaining a proportion determined by dividing—
      1. the total number of persons, on the assessment date,—
         1. registered as electors of Māori electoral districts; or
         2. named on the dormant rolls for Māori electoral districts; by
      2. the total number of Māori persons, on the assessment date,—
         1. registered as electors of Māori electoral districts or General electoral districts; or
         2. named on the dormant rolls for Māori electoral districts or General electoral districts; and
   2. by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on the assessment date

   extraordinary vacancy means a vacancy occurring in any elective office except for the purpose of any triennial or other general election

   First Past the Post means the electoral system that is described generally in section 5A

   general constituency, in relation to a region, means every constituency of the region that is not a Māori constituency

   General electoral district has the meaning given in section 3(1) of the Electoral Act 1993

   general electoral population has the same meaning as in section 3(1) of the Electoral Act 1993

   general ward, in relation to the district of a territorial authority, means every ward of the district that is not a Māori ward

   local authority means a territorial authority or regional council; and also includes any other elected or partly-elected body (other than a local board or a community board) to which this Act, or any of its predecessors, is applied or has been made to apply by any other enactment

   local board has the same meaning as in section 5(1) of the Local Government Act 2002

   local board area has the same meaning as in section 5(1) of the Local Government Act 2002

   local government area means the area comprised within the jurisdiction of a local authority; and includes a subdivision of that area

   Māori has the meaning given in section 3(1) of the Electoral Act 1993

   Māori constituency means a Māori constituency created in accordance with Schedule 1A

   Māori electoral district has the same meaning as in section 3(1) of the Electoral Act 1993

   Māori electoral population means a figure representing both the persons registered as electors of the Māori electoral districts and a proportion of Māori persons who are not registered as electors of any electoral district and a proportion of Māori persons under the age of 18 years, which figure must be fixed—

   1. by ascertaining a proportion determined by dividing—
      1. the total number of persons, on census day, either—
         1. registered as electors of Māori electoral districts; or
         2. named on the dormant rolls for Māori electoral districts; by
      2. the total number of Māori persons, on census day, either—
         1. registered as electors of Māori electoral districts or General electoral districts; or
         2. named on the dormant rolls for Māori electoral districts or General electoral districts; and
   2. by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on census day

   Māori ward means a Māori ward created in accordance with Schedule 1A

   member of a local authority, in relation to a local authority, includes the mayor

   Minister means the Minister of Local Government

   New Zealand method of counting single transferable votes means the method of counting votes described in Schedule 1A of the Local Electoral Regulations 2001

   nomination day means the 71st day before polling day

   official document includes any facsimile, electronic document, or electronic message created or transmitted by or to an electoral officer or other electoral official under this Act or regulations made under this Act

   official place means any place at which there are provided, for the time being, opportunities or facilities for members of the public to—

   1. vote; or
   2. apply for an ordinary or special vote; or
   3. inspect the electoral roll; or
   4. apply for enrolment or for amendment of the electoral roll; or
   5. lodge nominations of candidates for an election

   on census day, in relation to a number or information, means that number or information as determined by the last periodic census

   poll means the submission to the vote of electors for decision of a proposal or the provision of opinion on a proposal or other matter, other than an election, that is required to be submitted under this Act or any other Act to which this Act, or any of its predecessors, is applied or has been made to apply

   polling day means the day on which the voting period for an election or poll ends

   region has the same meaning as in section 5(1) of the Local Government Act 2002

   regional council has the same meaning as in section 5(1) of the Local Government Act 2002

   roll or roll of electors, in relation to any local authority, means any list or roll made in a manner provided by law that contains the names of the persons entitled to vote at an election or poll

   Single Transferable Voting means the electoral system described generally in section 5B

   subdivision means a ward of a district of a territorial authority, a constituency of a region, a subdivision of a local board area or community, or any other division of a local government area for electoral purposes or for the purposes of any poll

   territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002; but does not include the Minister of the Crown who is responsible for the administration of that Act

   unitary authority has the meaning given in section 5(1) of the Local Government Act 2002

   voting document includes, if appropriate provision for electronic voting is made in regulations under this Act,—

   1. an electronic document or electronic message that is designed to enable a voter to record his or her vote at an election or poll and transmit it electronically for counting; and
   2. any copy of that document or message (with or without the voter's vote recorded); and
   3. any record of that document or message with the voter's vote recorded

   voting method means any of the following methods of voting that are prescribed for use at an election or poll:

   1. the method of voting commonly known as booth voting:
   2. the method of voting commonly known as postal voting:
   3. any form of electronic voting:
   4. any method of voting involving a combination of or choice between more than 1 of the methods of voting referred to in paragraphs (a) to (c):
   5. any other method of voting (however described)

   voting period, in relation to an election or poll, means—

   1. if booth voting is the method of voting used at the election or poll, the period between 9 am and 7 pm on polling day and any earlier prescribed period:
   2. if postal voting is the method of voting used at the election or poll, the period of 32 and a half days ending with 12 noon on polling day:
   3. if any other method of voting is used at the election or poll, the prescribed period during which an elector may cast a vote at the election or poll

   ward means a ward established under this Act and resulting from the division, for electoral purposes, of the district of a territorial authority.

2. In this Act, every reference to the electoral officer is, unless the context otherwise requires, a reference to the electoral officer responsible for the conduct or undertaking of the election or poll or other thing to which the reference relates.

3. In this Act, every reference to an election on a specified date or day is, unless the context otherwise requires, a reference to an election, the polling day for which is on that date or day.