Plain language law

New Zealand law explained for everyone

Local Electoral Act 2001

Miscellaneous provisions

139: Regulations

You could also call this:

"Rules About Elections"

Illustration for Local Electoral Act 2001

The Governor-General can make rules about elections. You need to know what these rules cover, such as how electoral officers work and how voting systems are used. The rules can also say how people vote and how votes are counted. The Minister must be satisfied that a new voting method is fair before it can be used. You can read about the principles of fair voting in section 4. The Minister must talk to groups that will be affected by the new rules before making a decision. The rules made under this section are called secondary legislation, which you can read about in Part 3 of the Legislation Act 2019. These rules can say how much money candidates can get from each voter, as described in section 111(1A)(a). The rules can also say what forms people need to fill out when they vote or run in an election. The Governor-General can make rules about many things, such as how people vote and how votes are counted. The rules can also say how electoral officers work and how voting systems are used. You can find more information about the rules and how they are made by reading the legislation.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95311.

Topics:
Government and voting > Elections
Previous

138A: Special provision in relation to certain elections to fill extraordinary vacancies and certain polls, or

"Rules for special elections at certain times of the year"

Next

140: Powers and duties of electoral officers, or

"What electoral officers can and cannot do to help run elections"

Part 8Miscellaneous provisions

139Regulations

  1. The Governor-General may, by Order in Council, make regulations—

  2. prescribing the powers and duties of electoral officers or other electoral officials, either generally or in relation to any specified class of election or poll or in relation to any specified election or specified poll:
    1. authorising the use of one or both electoral systems in elections and polls, or any specified class of election or poll, or any specified election or poll, describing each authorised electoral system, and prescribing conditions, standards, performance measures, and forms for the operation of that system:
      1. authorising the use of 1 or more voting methods in elections and polls, or any specified class of election or poll, or any specified election or poll (or, for the purpose of conducting a trial of a voting method, by a specified class of elector or by all electors in any specified class of election or poll or in any specified election or poll), describing each authorised voting method, and prescribing conditions, standards, performance measures, and forms for the operation of that method:
        1. prescribing conditions, standards, performance measures, procedures, and forms for the operation of special voting:
          1. authorising the use of special procedures for the casting of votes by any specified class of person, including (without limitation) persons with specified disabilities, and persons living or travelling overseas or living in remote locations:
            1. prescribing standards, performance measures, procedures, and forms for the purposes of enrolment or the compilation and use of electoral rolls, authorising the creation and use of electoral rolls for the purpose of any specified class of election or poll or for any specified election or poll or any other specified purpose, and regulating the use of electoral rolls generally:
              1. prescribing deposits or fees to be paid under this Act or regulations made under this Act or authorising the imposition of reasonable charges for the performance of specified functions:
                1. prescribing standards, performance measures, procedures, and forms for the conduct of elections or polls, or any specified class of election or poll, or any specified election or poll, and regulating the conduct of those elections or polls:
                  1. prescribing the amount for each elector for the purposes of section 111(1A)(a):
                    1. regulating the conduct of electoral officers, deputy electoral officers, other electoral officials, scrutineers, candidates, voters, electors, and any other person, at elections or polls, or at any specified class of election or poll, or at any specified election or poll:
                      1. prescribing forms required for the purposes of this Act or in connection with the enrolment of electors or in connection with any election or poll:
                        1. prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act:
                          1. prescribing penalties for offences against regulations made under this Act, not exceeding a fine of $2,000:
                            1. regulating (in any way that is not inconsistent with Part 1A and Schedule 1A) the method of determining membership and the basis of election of local authorities:
                              1. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

                                1. Regulations may not be made under subsection (1)(c) authorising the use of a voting method (other than booth voting or postal voting or a combination of both methods) unless the Minister advises that he or she is satisfied that the voting method to be authorised for use will be able to operate in a manner consistent with the principles described in section 4.

                                2. The Minister may not give the advice referred to in subsection (2) unless he or she has first consulted with those organisations or bodies that the Minister considers to be representative of organisations or persons likely to be substantially affected by the regulations.

                                3. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                Compare
                                • 1976 No 144 s 123
                                Notes
                                • Section 139(1)(c): amended, on , by section 11 of the Local Electoral Matters Act 2019 (2019 No 7).
                                • Section 139(1)(ha): inserted, on , by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
                                • Section 139(1)(la): inserted, on , by section 45 of the Local Electoral Amendment Act 2002 (2002 No 85).
                                • Section 139(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).