Info
Disclaimer: This section of Comparative Data is not being updated.
Users should be aware that data may be inaccurate. If you find inaccuracies please
contact the ACE facilitators .
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments:
Source: Electoral Act 1993, Art. 35:
https://legislation.govt.nz/act/public/1993/0087/latest/DLM308195.html
Verified: 2024/07/02
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
b . The Boundaries Commission
Comments: The Representation Commission is an independent statutory body that reviews and redraws New Zealand’s electorate boundaries every five years after each census and on no other occasion.
Source: New Zealand Election Commission Official Website: https://elections.nz/democracy-in-nz/what-are-electorates/who-reviews-electorate-boundaries/
Verified: 2024/07/02
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers f . Communities of interest/cultural concerns g . Other
Comments: The Representation Commission decides the electorate boundaries using the following criteria:
- existing electorate boundaries
- community of interest (including tribal affiliations for Māori electorates)
- communications facilities (such as roads and telephone services)
- topographical features (mountains and rivers)
- projected variations in the General electoral populations of those districts during their life:
- no General district can be situated partially in the North Island and partially in the South Island
In respect of Māori electorates, the Representation Commission uses the above criteria and also takes into account tribal affiliations when deciding the electorate boundaries.
Source: Electoral Act 1993, Art. 35 (3):
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
Verified: 2024/07/02
BD004
Question: If population is a criterion, which population figure is used?
Answer:
a . Total population
Comments: The census count of the general electoral population is used as the population figure in delimitation criterion.
Source: Electoral Act 1993, Art. 35 (3):
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
Verified: 2024/07/02
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission
Comments: The Electoral Commission is an independent statutory body that reviews and redraws New Zealand’s electorate boundaries every five years.
"It shall be the duty of the Commission to divide New Zealand into General electoral districts from time to time in accordance with this section [35] and section 269."
The Government Statistician obtains census results and other information specified under section 77(6) from the Electoral Commission. The Government Statistician then reports the results of the census and their calculation of the Maori electoral population to the Surveyor-General and other members of the Commission. After receiving the Government Statistician's report, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the electoral districts. The Surveyor-General shall then call a meeting of the Commission.
Source: Electoral Act 1993, Art. 28, 35:
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
Verified: 2024/07/02
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
j . National census
Comments: "The Commission shall effect such subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion."
Source: Electoral Act 1993, Art. 35 (2)(c):
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
Verified: 2024/07/02
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
f . Inherited monarchy with a Governor appointed by the Monarch
Comments: New Zealand’s head of State is the Sovereign, King Charles III of New Zealand. The Governor-General is the King's representative in New Zealand.
Since 1972, the Cabinet has generally chosen the Governor-General's successor about a year before the incumbent's term ends. Once the Cabinet has agreed upon a candidate, the prime minister advises the Sovereign. If the Sovereign is pleased with the candidate, the leader of Opposition is usually consulted before the conclusion of the recruitment process.
Source: Constitution Act 1986, Art. 2: http://www.legislation.govt.nz/act/public/1986/0114/latest/whole.html#DLM94210 (2017)
https://nzhistory.govt.nz/politics/the-chosen-few/selection-process
Verified: 2024/07/02
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: "The Prime Minister is appointed by warrant by the Governor-General" who is required by constitutional convention to "act on the outcome of the electoral process and subsequent discussions between political parties" which identify the party or group of parties "able to command the confidence of the House of Representatives," "and therefore has a mandate to govern the country." Constitutional convention also requires the Governor-General to "act on the outcome of the political process by which the person who will lead the government as Prime Minister is identified."
This means that the leader of the majority party, or leader of the ruling coalition parties, in the House becomes the Prime Minister.
Source: https://dpmc.govt.nz/our-business-units/cabinet-office/supporting-work-cabinet/cabinet-manual/2-ministers-crown-1
https://www.newzealandnow.govt.nz/living-in-nz/history-government/our-constitution
Verified: 2024/07/02
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments: The Sovereign (or the Sovereign's appointed Governor-General) serves as the Head of State. The Prime Minister serves as the Head of Government.
Source: Constitution Act 1986, Art. 2: http://www.legislation.govt.nz/act/public/1986/0114/latest/whole.html#DLM94210 (2017)
https://dpmc.govt.nz/our-business-units/cabinet-office/supporting-work-cabinet/cabinet-manual/2-ministers-crown-1
Verified: 2024/07/02
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The House of Representatives
Source: Constitution Act 1986, Art. 10: http://www.legislation.govt.nz/act/public/1986/0114/latest/whole.html#DLM94210 (2017)
Verified: 2024/07/02
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
h . Mixed Member Proportional
Comments: A referendum on the Voting System was held in 2011. The majority of voters chose to keep MMP as New Zealand's voting system.
Source: Elections New Zealand Official Website: http://www.elections.org.nz/elections/2011-general-election-and-referendum/ (2017);
Official Website for the MMP review: http://www.mmpreview.org.nz/ (2017);
Constitution Act 1986, Art. 10.2: http://www.legislation.govt.nz/act/public/1986/0114/latest/whole.html#DLM94210 (2017)
Election Act of 1993- Preamble
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
Verified: 2024/07/02
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments:
Source:
Verified: 2024/07/02
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
b . Saint-Lague Formula
Comments: The Saint-Laguë method is used to allocate seats to parties who win at least 5% of the vote and/or at least one electorate seat in Parliament.
Source: https://elections.nz/media-and-news/2017/new-zealand-2017-general-election-official-results/
https://www.loc.gov/law/help/elections/newzealand.php
Verified: 2024/07/02
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
b . Specially delimited constituencies
Comments:
Source: Election Commission Official Website: http://www.elections.org.nz/elections/votingsystems/the-mixed-member-proportional-system-mmp.html (2010) .
https://www.parliament.nz/en/mps-and-electorates/house-seating-plan/ .
https://elections.nz/democracy-in-nz/what-is-new-zealands-system-of-government/how-are-mps-elected/ .
https://www.loc.gov/law/help/elections/newzealand.php .
Verified: 2024/07/02
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2024/07/02
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
a . Yes
Comments: The Maori seats.
Source: Election Commission Official Website: http://www.elections.org.nz/enrolment/maori-option-now/ (2010)
https://www.loc.gov/law/help/elections/newzealand.php
Verified: 2024/07/02
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
c . The national legislature consists of one chamber only
Comments:
Source:
Verified: 2024/07/02
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments: 5% or more of all party votes OR one or more of electorate seats.
Source: Election Commission Official Website: http://www.elections.org.nz/voting/mmp/two-ticks-too-easy.html#threshold (2010)
Verified: 2024/07/02
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2024/07/02
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
a . No minimum
Comments: The candidate who wins the most votes in an electorate becomes the MP for that electorate, they do not need more than half the votes.
Source: https://elections.nz/democracy-in-nz/what-is-new-zealands-system-of-government/how-are-mps-elected/
Verified: 2024/07/02
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2024/07/02
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length) b . Elections can be called at any time (specify by whom)
Comments: General elections are held every three years, unless Parliament is prematurely dissolved. Before Parliament's three-year term is over, the Prime Minister must decide when the of the next general election. The Prime Minister does have the ability to call an early election before the three-year term ends, this is called a "snap election" and is rather uncommon. The Governor-General has the power, on behalf of the Sovereign, to force a dissolution of Parliament and call new elections.
Source: Constitution Act 1986, Art. 17: http://www.legislation.govt.nz/act/public/1986/0114/latest/whole.html#DLM94210 .
https://elections.nz/democracy-in-nz/about-elections/what-happens-in-a-general-election/ .
https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/reserve-powers
Verified: 2024/07/02
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2024/07/02
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source: Election Commission Official Website: http://www.elections.org.nz/voting/votingsub/how-vote-election-day.html (2010)
Verified: 2024/07/02
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source:
Verified: 2024/07/02
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments: The Electoral Act of 1993
Source: Electoral Act 1993: http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017)
Verified: 2024/07/02
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
Source: Electoral Law: Electoral Act 1993.
Verified: 2024/07/02
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments:
Source: Electoral Act 1993 Preamble http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017)
Verified: 2024/07/02
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Voting is not compulsory, but all electors are required to register in the Parliamentary Electoral Roll. If a person knowingly and willfully fails to apply for registration, s/he can be convicted with a $100 fine on the first conviction ($200 on subsequent convictions).
A person is prevented from registering if they are currently in prison serving a term of more than three years, currently in a hospital under a criminal justice order relating to mental health for three or more years, found guilty of a corrupt electoral practice in the last three years, a citizen who has not been in New Zealand in the last three years, and/or a permanent resident who has not been in New Zealand within the last 12 months.
Source: Electoral Act 1993, Art. 82 :
https://legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308853
Verified: 2024/07/02
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
c . Not applicable
Comments:
Source:
Verified: 2024/07/02
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: Election petitions must be presented to the High Court by a person who voted or had a right to vote at the election, a person claiming to have had a right to be elected or returned at the election, or a person alleging himself or herself to have been a constituency candidate at the election.
Source: Electoral Act 1993, Art. 229, 230, 231 :
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
Verified: 2024/07/02
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
Source: Electoral Law: Electoral Act 1993, art. 229:1
Verified: 2024/07/02
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates c . Voters
Comments: An election petition to which section 229(3) applies may be presented to the High Court by 1 or more of the following persons:
(a)
a person who voted or had a right to vote at the election:
(b)
a person claiming to have had a right to be elected or returned at the election:
(c)
a person alleging himself or herself to have been a constituency candidate at the election.
Source: Electoral Law: Electoral Act 1993, art. 230:1
Verified: 2024/07/02
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
c . Superior Court
Comments:
Source: Electoral Law: Electoral Act 1993, art. 235
Verified: 2024/07/02
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
b . Legislative Committee e . Legislature
Comments: A committee of the House of Representatives.
Source: Electoral Law: Electoral Act 1993, art. 264:1
Verified: 2024/07/02
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments:
Source: Elections New Zealand Official Website: https://elections.nz/about/about-the-electoral-commission/
Electoral Law: Electoral Act 1993, Art. 4C: http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
Verified: 2024/07/09
EM003
Question: The national electoral management body reports to:
Answer(s):
c . The legislature
Comments:
Source: Elections New Zealand Official Website: http://www.elections.org.nz/administration/ec-corp-info/guiding-principles.html (2010)
Verified: 2015/11/23
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature d . A national government department g . Other
Comments: The Commission is primarily funded from the Crown. This funding is restricted in its use for the purpose of
the Commission meeting the objectives specified in the Electoral Act 1993 and the scope of the relevant
appropriations of the funder
Funding for the Commission's international assistance work is appropriated separately under the New Zealand Aid Programme.
Source: Elections New Zealand Official Website: http://www.elections.org.nz (2017)
https://elections.nz/assets/Annual-reports/electoral-commission-annual-report-2017.pdf
Verified: 2024/07/09
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature d . A national government department
Comments:
Source: Elections New Zealand Official Website: http://www.elections.org.nz (2017)
https://elections.nz/assets/Annual-reports/electoral-commission-annual-report-2017.pdf
Verified: 2024/07/09
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: Members of an independent Crown entity, such as the Electoral Commission, hold office for 5 years (or any shorter period stated in the notice of appointment).
Members continue in office - despite expiration of term - until the member is reappointed, a successor is appointed, or the appointer informs the member by written notice that the member is not to be reappointed and no successor is to be appointed at that time.
Any member of the Electoral Commission who is not a Judge can be removed by the Governor-General for 'just cause' as described in Section 40 of the Crown Entities Act of 2004. A member who is a Judge may be removed at any time under general law that provides for removal from office as a Judge. A member who is a Judge can also be removed in accordance with the removal provisions of the Crown Entities Act of 2004 for a breach in the board's collective duties, but only if all other members are removed for the same breach at the same time.
Source:
Crown Entities Act of 2004, Section 32, 40, 42:
http://www.legislation.govt.nz/act/public/2004/0115/latest/DLM329631.html#DLM329967
Verified: 2024/07/09
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
d . Presidential/ Prime Minister appointment
Comments: The Governor-General, on the recommendation of the House of Representatives, appoints the Chief Electoral Officer.
Source: Electoral Law: Election Act 1993, art. 4D
Verified: 2024/07/09
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The Electoral Commission is a Crown Entity, which means it acts independently in performing its statutory functions and duties, and exercising its statutory powers.
Source: Electoral Law: Electoral Act 1993, Art. 7 : http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
https://elections.nz/about/about-the-electoral-commission/
Verified: 2024/07/09
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: 3 members: - A Chairperson
- A Deputy Chairperson
- A Chief Electoral Officer
Source: Electoral Law: Electoral Act 1993, Art. 4D:
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017);
Verified: 2024/07/09
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: Members of an independent Crown entity such as the Electoral Commission are appointed by the Governor-General on the recommendation of the responsible Minister.
The responsible Minister "may only appoint or recommend a person who, in the responsible Minister’s opinion, has the appropriate knowledge, skills, and experience to assist the statutory entity to achieve its objectives and perform its functions." The Minister must also take into consideration subsection (1), which emphasizes the desirability of promoting diversity in the membership of Crown entities.
Source: Crown Entities Act Section 28, 29:
https://www.legislation.govt.nz/act/public/2004/0115/latest/DLM329955.html#:~:text=A%20responsible%20Minister%E2%80%94%20%28a%29%20may%20only%20appoint%20or,achieve%20its%20objectives%20and%20perform%20its%20functions%3B%20and
Verified: 2024/07/09
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State e . Legislature
Comments: The Governor-General, on the recommendation of the House of Representatives.
Source: Electoral Law: Electoral Act 1993, Art. 4D :
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2012)
Verified: 2024/07/09
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments: The functions of the Electoral Commission are to-
c) promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means
Source: Electoral Act 1993, Art. 5 (c): http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017);
Verified: 2024/07/10
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments:
Source: Electoral Act 1993, Art. 5 (c): http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017);
Elections New Zealand Official Website: http://www.elections.org.nz (2017)
Verified: 2024/07/10
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body
Comments:
Source: Electoral Act 1993, Art. 5 (c): http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017);
https://elections.nz/guidance-and-rules/for-voters/
Verified: 2024/07/10
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement g . Internet
Comments:
Source: https://elections.nz/guidance-and-rules/advertising-and-campaigning/
Verified: 2024/07/10
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
a . Disabled e . Indigenous groups
Comments: People unable to get to polling station/to read/to mark the ballot. There are special programs for the Maori minority.
Source: Elections New Zealand Official Website:
https://elections.nz/getting-involved/election-access-fund/
https://elections.nz/about/about-the-electoral-commission/corporate-publications/access-2020-disability-strategy/
https://elections.nz/stats-and-research/enrolment-statistics/enrolment-by-general-electorate
https://elections.nz/democracy-in-nz/what-is-an-electoral-roll/what-is-the-maori-electoral-option/
Verified: 2024/07/10
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: https://vote.nz/enrolling/get-ready-to-enrol/are-you-eligible-to-enrol-and-vote/
Electoral Law: Electoral Act 1993, Art. 74:
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2012)
Verified: 2024/07/10
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence e . Other
Comments: You’re eligible to enroll and vote if you are 18 years or older, a New Zealand citizen or permanent resident, and you’ve lived in New Zealand continuously for 12 months or more at some time in your life.
For electoral purposes, you are a permanent resident if you’re in New Zealand legally and not required to leave within a specific time
Source: Electoral Law: Electoral Act 1993, Art. 74:
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
https://vote.nz/enrolling/get-ready-to-enrol/are-you-eligible-to-enrol-and-vote/
Verified: 2024/07/10
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Electoral Commission is responsible for the electoral rolls.
Source: Electoral Law: Electoral Act 1993, Art. 101:
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view
Verified: 2020/10/14
VR005
Question: What is the registration method for national elections?
Answer:
b . Voters register
Comments:
Source: https://vote.nz/enrolling/enrol-or-update/enrol-or-update-online/
Verified: 2024/07/10
VR006
Question: How frequently is the voters register updated?
Answer:
a . Continuously
Comments: We publish enrolment statistics every month showing how many people are currently enrolled to vote in each general electorate, Māori electorate, local council district, and council voting area.
Source: https://www.elections.nz/stats-and-research/enrolment-statistics
Verified: 2024/07/10
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
e . Appearance by voter at registration office f . Door-to-door registration campaign h . Mobile election registrar i . Internet registration
Comments:
Source: Electoral Enrollment Centre's Booklet: //www.elections.org.nz/files/roe50_2008.pdf (2008)
Verified: 2015/11/23
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: All electors are required to register in the Parliamentary Electoral Roll. If a person knowingly and willfully fails to apply for registration, s/he can be convicted with a $100 fine on the first conviction ($200 on subsequent convictions).
Certain restrictions prohibit some constituents from registering.
Source: Electoral Act 1993, Art. 82 :
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017);
Elections New Zealand Official Website: http://www.elections.org.nz (2017)
Verified: 2024/07/10
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
b . Deposit requirement (specify amount) f . Other
Comments: To register, a party needs to show evidence of "a suitable name, 500 paying members who can enroll to vote, rules about party membership, and an auditor." A new party can also register a logo to be included on the voting paper. Once the Electoral Commission receives new party registration applications, they consult the public to inquire if there are any issues with the proposed name or logo. If the name and logo are deemed okay by public opinion, the Electoral Commission proceeds with consideration of the new party's registration application. New parties must also pay a $500 registration fee to the Commission.
Existing parties must send a statutory declaration and an audited return of party donations and loans each year to the Electoral Commission in order to register.
"Registration is not compulsory for political parties. Parties can promote the election of their electorate candidates at parliamentary elections without being registered." Unregistered parties, however, may not contest the party vote.
Source: https://elections.nz/guidance-and-rules/for-starting-a-political-party/
https://elections.nz/assets/Handbooks/Party-Registration-Handbook-28082020.pdf
Verified: 2024/07/10
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
b . Citizenship d . Residence f . Registration j . Other
Comments: There are two types of candidates in legislative elections: candidates who stand for election in electorates and candidates on party lists who may be elected through the party vote. To be a candidate you must be enrolled to vote and a New Zealand citizen, citizens who are born overseas are required to provide evidence of citizenship with their nomination.
You are disqualified from being a candidate if you have not been in New Zealand within the last three years or if you are in prison serving a sentence of 3 or more years. Other, less common grounds for disqualification exist.
Independent candidates may not nominate themselves; they must be nominated by at least two voters enrolled in the respective electorate.
A $300 deposit is required for nomination.
A party's secretary may nominate candidates from representing their party by lodging a bulk nomination schedule with the Electoral Commission.
Source: Electoral Act 1993, Art. 143, 146:
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
https://elections.nz/guidance-and-rules/candidate-hub/becoming-a-candidate/how-to-become-a-candidate-at-a-general-election/
Verified: 2024/07/10
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2024/07/10
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration o . Other
Comments: To be a candidate you must be both:
• enrolled to vote
• a New Zealand citizen
you can't enrol to vote if you're either:
• a New Zealand citizen who hasn't been in New Zealand within the last 6 years
• in prison serving a sentence of 3 years of more.
Source: https://elections.nz/assets/pagecomponent-file-files/Candidate-Handbook-2023.pdf
Verified: 2024/07/10
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
o . Not applicable
Comments:
Source:
Verified: 2024/07/10
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments: Any person qualified to be a candidate may, with his or her consent, be nominated as a constituency candidate for election for any electoral district, by not fewer than 2 registered electors of that district, by a nomination paper on a form provided by the Electoral Commission. Every constituency candidate, or some person on the constituency candidate’s behalf, shall deposit with the Returning Officer the sum of $300 not later than noon on nomination day. The candidate must also be a citizen who is registered to vote, has been in the country within the last three years, and is not serving a prison sentence of three or more years.
Source: Electoral Act 1993, Art. 143, 144, 150 (8):
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2017)
https://elections.nz/guidance-and-rules/for-candidates/candidate-handbook/becoming-a-candidate/#handbook-content
Verified: 2024/07/10
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify)
Comments: If you are a candidate for an unregistered party or an independent, you need
to arrange your own nomination.
For individual nominations you must be nominated by two registered electors
enrolled in the electorate you want to contest.
You have to pay a deposit of $300 to stand as an electorate candidate
Source: https://elections.nz/assets/pagecomponent-file-files/Candidate-Handbook-2023.pdf
Verified: 2024/07/10
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2024/07/10
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
Comments:
Source:
Verified: 2024/07/10
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: Registered parties are able to receive conditional public funding for broadcasting election programmes and election advertising in relation to general elections. They can also receive donations, whether public or anonymous.
Source: Electoral Act 1993, Art. 3, 206:
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view (2012) ;
Broadcasting Act No. 25 of 1989, art. 74A (1)
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-broadcasting-act-2010/view (2017) ;
https://elections.nz/guidance-and-rules/donations-and-loans/rules-for-party-donations-and-loans/
https://elections.nz/guidance-and-rules/for-starting-a-political-party/
Verified: 2024/07/10
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments: You can start fundraising for the general election at any time.
Source: https://elections.nz/assets/Candidate-Hub-content/Candidate-Handbook-2023-v2.pdf
Verified: 2024/07/10
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
a . Free media access b . Tax credits
Comments:
Source:
Verified: 2012/10/31
PC015
Question: What is the basis of the public funding?
Answer(s):
e . Other
Comments: Unless an Act of Parliament expresses otherwise, "an amount of money equal to the amount of public money allocated under section 79 at the immediately preceding general election must ... be deemed to have been appropriated by Parliament for the purposes of enabling parties to fund the costs specified in subsection (1) incurred in relation to the subsequent general election."
Source: Electoral Act 1993, Art. 206:
http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017);
Broadcasting Act No. 25 of 1989, Art. 74, 79:
http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-broadcasting-act-2010/view (2017)
Verified: 2024/07/10
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments:
Source: Electoral Act 1993, Art. 206:
https://legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM310428
Verified: 2024/07/10
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Guidelines for parties receiving donations and loans are outlines in Articles 207-214 of the Electoral Act of 1993.
Source: Electoral Act 1993, Art. 207 - 214L: http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017)
Verified: 2024/07/10
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments: You can start fundraising for the general election at any time.
Source: https://elections.nz/assets/Candidate-Hub-content/Candidate-Handbook-2023-v2.pdf
Verified: 2024/07/10
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
i . Other j . Not applicable
Comments: There is no overall limit on how much you can receive by way of donations or borrow for your campaign. But reporting all donations of more than 1500 $.
Source: https://elections.nz/assets/Candidate-Hub-content/Candidate-Handbook-2023-v2.pdf
Verified: 2024/07/10
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
j . Not applicable
Comments:
Source:
Verified: 2024/07/10
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
a . National Electoral Management body
Comments: Electoral commission is charged of everything regarding elections.
Source: https://elections.nz/assets/Candidate-Hub-content/Candidate-Handbook-2023-v2.pdf
Verified: 2024/07/10
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
a . Single ballot (all registered parties listed) h . Party symbols in color
Comments:
Source: New Zealand Elections Official Website: http://www.elections.org.nz/voting/votingsub/sample-ballot-paper.html (2010)
Verified: 2010/08/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments:
Source:
Verified: 2024/07/10
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
s . Not Applicable
Comments:
Source:
Verified: 2024/07/10
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Preliminary counting of votes cast in a polling place must be conducted at a polling place or at any other place which is designated by the Electoral Commission.
Source: Electoral Act 1993, Art. 147,174, 178:
http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017)
Verified: 2024/07/10
VC005
Question: What procedures are used in the initial count?
Answer(s):
l . Counted by hand m . Sorted by party list
Comments:
Source: Electoral Law: Electoral Act 1993, art. 174
Verified: 2010/08/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
f . Other
Comments: Electorate level. Everything is sent to the Returning Officer: a person appointed by the Chief Electoral Officer for a general electorate or a Maori electorate to conduct a General election, by-election or referendum in that electorate.
Source: Electoral Law: Electoral Act 1993, art. 174A
Verified: 2024/07/10
VC007
Question: At what levels are seats allocated?
Answer(s):
e . Other
Comments: New Zealand uses a Mixed Member Proportional System. Every voter casts two votes: one vote is distributed with the First-Past-the-Post method on an electorate-level, the other is nationwide and seats are distributed on a proportional basis.
Source: New Zealand Elections Official Website: http://www.elections.org.nz/elections/votingsystems/the-mixed-member-proportional-system-mmp.html (2010)
Verified: 2024/07/12
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
h . Other
Comments: Not specified: "the manager of every polling station must ensure that the result is reported to the Returning Officer".
Source: Electoral Law: Electoral Act 1993, art. 174:4
Verified: 2024/07/12
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
a . Ballots b . Unused and spoiled ballots d . Voter rolls e . Tendered ballots f . Certificate of result g . Ballot boxes h . Other
Comments: certificates are prepared that certify:
(i) the number of votes received by each party (if applicable):
(ii) the number of votes received by each candidate (if applicable):
(iii) the number of informal party votes:
(iv) the number of informal electorate votes:
(v) the number of ballot papers set aside under section 171:
(vi) the number of spoilt ballot papers:
(vii) the number of ballot papers issued to special voters:
(viii) the number of unused ballot papers:
(ix) the total number of ballot papers allocated for use at the polling place
Source: Electoral Law: Electoral Act 1993, art. 174A
Verified: 2024/07/12
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
j . Other
Comments: The manager of every polling station must ensure that each parcel is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling.
Source: Electoral Law: Electoral Act 1993, art. 174A
Verified: 2024/07/12
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request e . Court order
Comments: Any constituency candidate or party secretary (who is listed on the part of the ballot paper that relates to the party vote) may request to the District Court Judge a recount of the vote within three working days after the public declaration. Constituency candidates must pay a deposit $1,000 to request a recount; party secretaries must pay deposits of $1,5000.
A secretary of a political party may also apply to the Chief District Court Judge to request a recount of the party's votes in every district; a $90,000 deposit must be paid with this request.
Within three working days of receiving official requests, the District Court Judge shall conduct a recount of the respective vote and give notice in writing of the time and place of the recount. The District Court Judge, or someone appointed by them, must be present for the recount. Constituency candidates and political party secretaries may appoint a set number of scrutineers to observe the recount.
If a recount proves the public declaration incorrect, the District Court Judge shall order the Electoral Commission to give an amended declaration of the results.
Source: Electoral Act 1993, Art. 180-184: http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017)
Verified: 2024/07/12
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2024/07/12
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
a . Political parties b . An individual candidate
Comments:
Source: Electoral Law: Electoral Act 1993, art. 180
Verified: 2024/07/12
VC014
Question: If recounted, who conducts the recount?
Answer(s):
h . Courts
Comments: The District Court Judge.
Source: Electoral Law: Electoral Act 1993, art. 180:5
Verified: 2024/07/12
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments:
Source:
Verified: 2024/07/12
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
b . days:
Comments: Usually the day after.
Source:
Verified: 2024/07/12
Media and Elections
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned
Comments:
Source:
Verified: 2024/07/12
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned
Comments:
Source: https://www.bbc.com/news/world-asia-pacific-15369577#:~:text=Television%201%20Television%20New%20Zealand%20%28TVNZ%29%20-%20state-owned%2C,-%20pay-TV%20operator%205%20Maori%20Television%20-%20public
Verified: 2024/07/12
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source: https://www.aut.ac.nz/__data/assets/pdf_file/0004/473638/JMAD-2020-report.pdf
Verified: 2024/07/12
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
d . No government newspaper: competition between two or more major private newspapers
Comments: Despite the unpredictable terrain created by the global Covid-19 pandemic, the
stability provided by the Government’s wage subsidy 2020 saw Stuff and NZME
maintain their duopolistic dominance in print and online markets
Source: https://www.aut.ac.nz/__data/assets/pdf_file/0004/473638/JMAD-2020-report.pdf
Verified: 2024/07/12
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
e . Print media
Comments:
Source:
Verified: 2024/07/12
ME022
What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Harmful Digital Communications Act (HDCA):
The Harmful Digital Communications Act 2015 is a key legislation that addresses online harassment, cyberbullying, and harmful digital communications.
In New Zealand, anyone can make a complaint about a publication or broadcast that they believe does not comply with specific criteria.
Source
https://nzfvc.org.nz/news/harmful-digital-communications-act-recent-cases-changes-and-calls-review
https://www.districtcourts.govt.nz/media-information/information-for-news-media-covering-district-court/
Verified
2024/07/12
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
b . No
Comments:
Source:
Verified: 2024/07/12
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
a . Statutory regulator (e.g. broadcasting licensing body) i . Other (specify)
Comments: Electoral commission: We’re responsible for making sure everyone follows the rules about promoter statements, authorisation of advertising and electoral finance.
You can complain to us about breaches of:
election advertising and the election day rules under the Electoral Act
requirements for election programmes under the Broadcasting Act.
You can also ask us for advice about election and advertising rules.
The Broadcasting Standards Authority (BSA) oversees broadcasting on TV and radio.
Election programmes must follow the Election Programmes Code
Election programmes on TV and radio, such as party and candidate advertisements, must follow the Election Programmes Code of Broadcasting Practice.
The BSA website has more information about the code,
Source: https://www.bsa.govt.nz/broadcasting-standards
https://elections.nz/guidance-and-rules/advertising-and-campaigning/about-election-advertising/
Verified: 2024/07/12
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
b . No
Comments:
Source:
Verified: 2024/07/12
ME028
Question: What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take?
Answer(s):
d . Not applicable
Comments: Electoral Commission: If we believe a person or group has committed an offence, we’ll report the facts to the police. We can’t enforce laws or prosecute offenders.
Source: https://elections.nz/guidance-and-rules/advertising-and-campaigning/advice-and-complaints/
Verified: 2024/07/12
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned
Comments:
Source:
Verified: 2024/07/12
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
b . Government owned c . Privately owned
Comments:
Source:
Verified: 2024/07/12
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
g . Other (specify)
Comments: Free broadcast time and/or free printed advertisement space is not allocated to political parties. For the purpose of a general election (or by-election), broadcasters may broadcast an election programme only if they are paid (or for a fee pertaining to by-elections). The money for election programme broadcasting must come from the money allocated to a party or group of political parties by the Electoral Commission under section 79.
Source: Broadcasting Act 1989, Part 6, Art. 70, 79:
http://www.legislation.govt.nz/act/public/1989/0025/latest/whole.html?search=ts_act_broadcasting_resel (2017);
Verified: 2024/09/03
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: Radio New Zealand.
Source: Electoral Law: Broadcasting Act 1989, art. 73:1
Verified: 2010/08/06
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned
Comments: TV New Zealand.
Source: Electoral Law: Broadcasting Act 1989, art. 73:1
Verified: 2010/08/06
ME050
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2010/08/06
ME054
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2010/08/06
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: TVNZ Leaders' Debates
Source: Elections New Zealand Official Website: https://www.elections.nz/guidance-and-rules/for-parties/about-the-broadcasting-allocation/
Verified: 2024/09/03
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
a . 1 day
Comments: The election period in which election programmes may be broadcast ends the day preceding polling day. It is considered a criminal offense to electioneer on polling day.
election period, in relation to an election, means the period—
(a)
beginning with writ day; and
(b)
ending with the close of the day preceding polling day
Source: Broadcasting Act 1989 Part 6 (69):
http://www.legislation.govt.nz/act/public/1989/0025/latest/whole.html?search=ts_act_broadcasting_resel (2017) ;
https://elections.nz/guidance-and-rules/for-candidates/candidate-handbook/advertising-and-campaigning/
Verified: 2024/09/03
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
a . Yes
Comments: For the 2020 election, the maximum a political party can spend on election advertising is $1,169,000 (including GST), plus $27,500 (including GST) per electorate contested by the party. It is an offense to spend over the limit during the regulated period. Spending limits change for each election.
Source: https://www.parliament.nz/mi/visit-and-learn/parliament-in-election-year/limits-on-election-related-spending-begin/
Verified: 2020/10/14
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Electors can vote on referendums in New Zealand. Citizen-initiated referendums are not binding; government-initiated referendums can be binding or indicative.
Source: Electoral Referendum Act 1993:
http://www.legislation.govt.nz/act/public/1993/0086/latest/DLM307166.html?search=ts_act_electoral_resel (2017);
Electoral Referendum Act 2010:
http://www.legislation.govt.nz/act/public/2010/0139/latest/whole.html?search=ts_act_electoral+referendum+act+2010_resel&p=1 (2017);
https://elections.nz/democracy-in-nz/about-elections/what-is-a-referendum/
Citizens Initiated Referenda Act 1993: http://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html?search=ts_act_citizens_resel (2017);
Referenda (Postal Voting) Act 2000: http://www.legislation.govt.nz/act/public/2000/0048/latest/DLM73881.html?search=ts_act_postal_resel (2017)
Verified: 2024/07/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Citizens Initiated Referendums and Government Initiated Referendums. Government Initiated Referendums may be binding or indicative.
Source: Electoral Referendum Act 1993: http://www.legislation.govt.nz/act/public/1993/0086/latest/DLM307166.html?search=ts_act_electoral_resel (2017);
Electoral Referendum Act 2010: http://www.legislation.govt.nz/act/public/2010/0139/latest/whole.html?search=ts_act_electoral+referendum+act+2010_resel&p=1 (2017);
Referendums Framework Act 2019 Part 2:
http://www.legislation.govt.nz/act/public/2019/0071/latest/LMS215774.html?src=qs
https://www.parliament.nz/en/visit-and-learn/how-parliament-works/parliamentary-practice-in-new-zealand/chapter-40-referendums/
Citizens Initiated Referenda Act 1993: http://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html?search=ts_act_citizens_resel (2017);
Referenda (Postal Voting) Act 2000: http://www.legislation.govt.nz/act/public/2000/0048/latest/DLM73881.html?search=ts_act_postal_resel (2017)
Verified: 2024/07/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments:
Source: Citizens Initiated Referenda Act 1993:
http://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html?search=ts_act_citizens_resel (2017) ;
Referendums Framework Act 2019:
http://www.legislation.govt.nz/act/public/2019/0071/latest/LMS215774.html?src=qs
Verified: 2024/07/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Elections New Zealand Official Website: https://elections.nz/democracy-in-nz/about-elections/what-is-a-referendum/ (2017) ;
Verified: 2024/07/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments: There are no legal provisions for recall, but citizens can petition for a judicial review of the election.
Source: Elections New Zealand Official Website: https://elections.nz/democracy-in-nz/about-elections/what-is-a-referendum/(2017)
Electoral Act 1993 Part 8:
http://www.legislation.govt.nz/act/public/1993/0087/latest/DLM307519.html
Verified: 2024/07/12
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2010/08/05
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
b . Specific laws/legislation
Comments:
Source: Electoral Law: Citizens Initiated Referenda Act 1993: https://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html
Verified: 2024/07/12
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2010/08/05
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2010/08/05
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
c . Other (specify)
Comments: Not specified. The Clerk of the House of Representatives is responsible.
Source: Electoral Law: Citizens Initiated Referenda Act 1993 https://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html
Verified: 2024/07/12
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
c . Other (specify)
Comments: Not specified. The Clerk of the House of Representatives is responsible.
Source: Electoral Law: Citizens Initiated Referenda Act 1993, art. 15 https://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html
Verified: 2024/07/12
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2010/08/05
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
d . Other (specify)
Comments: Electoral Commission: The Electoral Commission must check whether or not the signatories are eligible electors and shall give the result to the Clerk of the House of Representatives.
Source: Citizens Initiated Referenda Act 1993, Article 19
https://www.legislation.govt.nz/act/public/1993/0101/latest/DLM318481.html#DLM318481
Verified: 2024/07/12
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
a . Information booklets b . Leaflets and pamphlets d . TV broadcasts g . Other(specify)
Comments: The Commission conducted limited public information campaigns for both of the
referendums. For the first referendum there was a household mail-drop, and then some
advertising featuring ‘Orange Guy’ on television, radio, in print and online reminding
people of the deadline to enrol, voting packs being sent out, and then reminders
towards the close of the voting period. For the second referendum there was no
separate enrolment advertising, but limited advertising about voting packs being sent
out and then reminders about voting closing.
Source: https://elections.nz/assets/2015-and-2016-flag-referendums/report-on-the-2015-and-2016-flag-referendums.pdf
Verified: 2024/07/12
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
a . Information booklets b . Leaflets and pamphlets d . TV broadcasts
Comments: The Commission conducted limited public information campaigns for both of the
referendums. For the first referendum there was a household mail-drop, and then some
advertising featuring ‘Orange Guy’ on television, radio, in print and online reminding
people of the deadline to enrol, voting packs being sent out, and then reminders
towards the close of the voting period. For the second referendum there was no
separate enrolment advertising, but limited advertising about voting packs being sent
out and then reminders about voting closing.
Source: https://elections.nz/assets/2015-and-2016-flag-referendums/report-on-the-2015-and-2016-flag-referendums.pdf
Verified: 2024/07/12
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
a . Government e . Registered electors
Comments: A referendum can be started by a citizen or by the government.
Anyone can start a petition to ask for a nationwide referendum, known as a ‘citizens initiated referendum’.
For a referendum to be held, you must get signatures in support of holding a referendum on your question from over 10% of eligible voters nationwide. There are several processes to be followed before you can begin collecting signatures.
These are set out in the Citizens Initiated Referenda Act 1993. Under the Citizens Initiated Referenda Act 1993, non-binding referendums can be held on any subject. There are seven steps in the process.
Source: https://www.parliament.nz/en/get-involved/have-your-say/seek-a-referendum/
Verified: 2024/07/12
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
a . Government (specify department)
Comments: The Clerk of the House of Representatives.
Source: https://www.parliament.nz/en/get-involved/have-your-say/seek-a-referendum/
Verified: 2024/07/12
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
b . Under certain circumstances (specify below)
Comments: Legislation that is conditional on a binding referendum must itself be passed by Parliament before the question is put to the public.
citizen initiated referendums are not binding.
Source: https://www.parliament.nz/en/visit-and-learn/how-parliament-works/parliamentary-practice-in-new-zealand-2023-by-chapter/chapter-52-referendums/
Verified: 2024/07/12
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2024/07/12
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
a . Constitutional amendments b . Legislative proposals c . Other (specify)
Comments: Any New Zealand citizen can petition for a referendum, known as a ‘citizens initiated referendum’. For one of these to be held, at least ten percent of eligible voters must sign a petition supporting the proposed referendum question. For context, there were 3.5 million people enrolled to vote at the 2020 election.
These referendums are non-binding, which means the Government doesn’t have to act on the result of it. Under New Zealand law, non-binding referendums can be held on any subject.
Source: https://www.parliament.nz/en/get-involved/features/what-is-a-citizens-initiated-referendum/
Verified: 2024/07/12
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: Citizens initiated referenda are indicative.
Government initiated referenda can be either binding or indicative.
Source: Elections New Zealand Official Website: Elections New Zealand Official Website: http://www.elections.org.nz/voting-system/referenda (2017);
Electoral Referendum Act 1993: http://www.legislation.govt.nz/act/public/1993/0086/latest/DLM307166.html?search=ts_act_electoral_resel (2017);
Electoral Referendum Act 2010: http://www.legislation.govt.nz/act/public/2010/0139/latest/whole.html?search=ts_act_electoral+referendum+act+2010_resel&p=1 (2017);
Citizens Initiated Referenda Act 1993: http://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html?search=ts_act_citizens_resel (2017);
Verified: 2024/09/04
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Elections New Zealand Official Website: http://www.elections.org.nz/voting-system/referenda (2017);
Electoral Referendum Act 1993: http://www.legislation.govt.nz/act/public/1993/0086/latest/DLM307166.html?search=ts_act_electoral_resel (2017);
Electoral Referendum Act 2010: http://www.legislation.govt.nz/act/public/2010/0139/latest/whole.html?search=ts_act_electoral+referendum+act+2010_resel&p=1 (2017);
Citizens Initiated Referenda Act 1993: http://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html?search=ts_act_citizens_resel (2017);
Verified: 2024/09/04
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments: No, but the Local Government Act of 2002 does provide a legal framework for consultation with persons effected by any decision or other matter taken by a local authority.
Source: Elections New Zealand Official Website: http://www.elections.org.nz/voting-system/referenda (2017) ;
Local Government Act of 2002 Sections 82-27:
http://www.legislation.govt.nz/act/public/2002/0084/latest/DLM170873.html?search=qs_act%40bill%40regulation%40deemedreg_local+government+act_resel_25_h&p=1&sr=1
Verified: 2024/09/04
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
d . 1941-1960
Comments:
Source: Elections New Zealand Official Website: http://www.elections.org.nz/elections/referendum/referendums.html (2010)
Verified: 2010/08/05
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections b . At any polling station in the same voting district c . At any polling station in the same country d . At specially designated polling stations f . By mail j . Other
Comments: Polling places can be in public schools or other premises licensed by the Electoral Commission. There is a legal framework for accommodating special voting. Electors may vote at any polling place, but it will be considered a special vote if it is not cast in their respective electorate (the elector must inform officials at the polling place that they are voting outside their electorate). Voting from overseas is also allowed.
Source: https://www.govt.nz/browse/engaging-with-government/enrol-and-vote-in-an-election/voting-in-an-election/ ;
Electoral Act 1993 Section 155, 155A, 156, 172:
http://www.legislation.govt.nz/act/public/1993/0087/latest/DLM307519.html
Verified: 2024/09/04
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country c . Citizens outside the country (including those on vacation) d . Members of the armed forces f . Diplomatic staff g . Other
Comments: You can vote from overseas if you are enrolled and are a citizen who has visited the country within the last three years, you are a permanent resident and have visited the country within the last 12 months, you are a (or family member of a) public servant working overseas, you are a (or family member of a) state diplomat or trade representative, or you are a (or family member of a) member of the New Zealand Defense Force.
Source: https://vote.nz/overseas/enrol-and-vote-from-overseas/vote-from-overseas/
Verified: 2024/09/04
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
c . Special polling stations e . By mail f . Other
Comments: The best way to vote from overseas is to download your voting papers from our website, complete them, then upload them. A link to download your voting papers will be available on this website from the date overseas voting opens
You may also be able to vote at an overseas voting place. A list of overseas voting places will be available on this website prior to the election.
If you’re enrolled to vote and you’re blind, partially blind or have another physical disability that prevents you from marking your voting paper without assistance, you’re eligible to vote by telephone dictation.
Source: https://vote.nz/overseas/enrol-and-vote-from-overseas/vote-from-overseas/
Verified: 2024/09/04
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
Comments: (a)Pre-poll voting centres are set up in two weeks prior to polling day:
-in all AEC's offices.
-in all capital cities.
-in major regional centres in each electoral division.
-in remote areas of Australia
(eg Broome, Jabiru, Goondiwindi, Antarctica).
-at airports around the country for Australians travelling interstate or overseas.
-at Island resorts
(eg the Whitsundays and Great Keppel Island).
-for defence personnel.
(b)Electors who have difficulty getting to a polling place on polling day can register as a General Postal Voter (GPV). GPVs include people with a disability, silent electors, prisoners, those in remote areas, and people who have religious objections to attending a polling place on polling day. As soon as the DRO receives the ballot papers for an election, GPVs are sent postal ballot papers and certificate envelopes.
(d)Mobile polling teams bring the polling place to the elector.
Mobile polling teams visit electors who are patients in hospitals and nursing homes. Visits take place the 5 days preceding polling day and on polling day.
Prisoners serving a sentence of five years or less are entitled to enrol and vote. If a mobile team visits the prison elibible prisoners can vote at the mobile facility.
Mobile polling teams visit remote locations by air, sea or road in the 12 days leading up to and including polling day. Remote locations include Aboriginal communities and their outstations, pastoral properties, small towns, tourist resorts and mine sites with a minimum enrolment of 8 to 10 people.
In appropriate locations, in accordance with AEC policy, local Aboriginal people are recruited to identify, interpret for and assist voters at each remote mobile polling location . <p>
Source: Elections New Zealand Official Website: http://www.elections.org.nz/voting/votingsub/how-to-advance.html (2010)
Verified: 2010/08/03
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
a . At special advance polling centers b . By mail
Comments: (a)Pre-poll voting centres are set up in two weeks prior to polling day:
-in all AEC's offices.
-in all capital cities.
-in major regional centres in each electoral division.
-in remote areas of Australia
(eg Broome, Jabiru, Goondiwindi, Antarctica).
-at airports around the country for Australians travelling interstate or overseas.
-at Island resorts
(eg the Whitsundays and Great Keppel Island).
-for defence personnel.
(b)Electors who have difficulty getting to a polling place on polling day can register as a General Postal Voter (GPV). GPVs include people with a disability, silent electors, prisoners, those in remote areas, and people who have religious objections to attending a polling place on polling day. As soon as the DRO receives the ballot papers for an election, GPVs are sent postal ballot papers and certificate envelopes.
(d)Mobile polling teams bring the polling place to the elector.
Mobile polling teams visit electors who are patients in hospitals and nursing homes. Visits take place the 5 days preceding polling day and on polling day.
Prisoners serving a sentence of five years or less are entitled to enrol and vote. If a mobile team visits the prison elibible prisoners can vote at the mobile facility.
Mobile polling teams visit remote locations by air, sea or road in the 12 days leading up to and including polling day. Remote locations include Aboriginal communities and their outstations, pastoral properties, small towns, tourist resorts and mine sites with a minimum enrolment of 8 to 10 people.
In appropriate locations, in accordance with AEC policy, local Aboriginal people are recruited to identify, interpret for and assist voters at each remote mobile polling location . <p>
Source: Elections New Zealand Official Website: http://www.elections.org.nz/voting/votingsub/how-to-advance.html (2010)
Verified: 2010/08/03
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
a . Everyone
Comments:
Source: Elections New Zealand Official Website: http://www.elections.org.nz/voting/votingsub/how-to-advance.html (2010)
Verified: 2010/08/03
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Ballot papers should be in form 11 (or form 12 for by-elections).
Source: Elections New Zealand Official Website: http://www.elections.org.nz/voters/voting-election (2017) ;
Electoral Act 1993, Art. 150, 168:
http://www.legislation.govt.nz/act/public/1993/0087/latest/whole.html#DLM308195 (2017) ;
http://www.legislation.govt.nz/act/public/1993/0087/latest/DLM310898.html#DLM310898
Verified: 2024/09/04
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