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Local Electoral Act 2001

Conduct of elections and polls - Voting, processing, and counting of votes

89: Electoral records

You could also call this:

"What happens to voting documents after an election"

Illustration for Local Electoral Act 2001

After the vote count is finished, you need to keep all voting documents safe. The electoral officer must give these documents to the Registrar of the District Court. The Registrar must keep them secure for 21 days after the election result is announced. If someone asks for a recount, the documents must be kept until the recount is finished. Then they are destroyed. You can only look at these documents if a court says you can, or if the law says it is okay, like under section 102G(2)(b). The law says what documents must be kept safe, like voting papers and other records. These are called specified materials, and they are listed in the regulations made under this Act, and also in section 102C. You can find out what they are by looking at the regulations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94722.

Topics:
Government and voting > Elections
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Part 3Conduct of elections and polls
Voting, processing, and counting of votes

89Electoral records

  1. As soon as practicable after the completion of the count, the electoral officer must secure all voting documents and specified materials in the prescribed manner.

  2. The voting documents and materials referred to in subsection (1) must be deposited with the Registrar of the District Court that, in the opinion of the electoral officer, is nearest to the principal office of the local authority.

  3. The Registrar of the District Court must ensure that the voting documents and materials received under subsection (2) or section 102C—

  4. are kept securely—
    1. for a period of 21 days after public notice is given declaring the result of the election or poll; or
      1. in a case where an application is made for a recount or an inquiry or a petition demanding an inquiry is filed, until the completion of the recount or inquiry; and
      2. are then destroyed.

        1. Access to the voting documents and materials received under subsection (2) or section 102C must not be given to any person except—

        2. on the order of a court of competent jurisdiction; or
          1. in accordance with section 102G(2)(b) or regulations made under this Act.

            1. In this section and in section 102C, specified materials means those documents or records specified in regulations made under this Act as materials to which this section applies.

            Notes
            • Section 89(1): amended, on , by section 14 of the Local Electoral Amendment Act 2004 (2004 No 62).
            • Section 89(3): amended, on , by section 8(1) of the Local Electoral Matters Act 2019 (2019 No 7).
            • Section 89(3)(a)(ii): amended, on , by section 8(2) of the Local Electoral Matters Act 2019 (2019 No 7).
            • Section 89(4): amended, on , by section 8(3) of the Local Electoral Matters Act 2019 (2019 No 7).
            • Section 89(4)(b): amended, on , by section 8(4) of the Local Electoral Matters Act 2019 (2019 No 7).
            • Section 89(5): amended, on , by section 8(5) of the Local Electoral Matters Act 2019 (2019 No 7).