Electoral Act 1993

113 Supply of computer-compiled lists and electronic storage media to local authorities

(1)

Subject to this section, if an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain specified information for the purposes of any election, by-election, or poll that is required by or under any Act, the electoral official is entitled to obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing that information.

(2)

For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply where the list or information is required for the purpose of determining whether or not there has been a valid demand for a poll or a survey of electors.

(3)

The specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267.

(4)

Any electronic storage medium supplied by the Electoral Commission must be returned to the Electoral Commission as soon as practicable after use.

(5)

Where the specified information is requested for a by-election or poll to be conducted at some time other than a triennial general election, the Electoral Commission may supply only such of the specified information as is relevant to the conduct of the by-election or poll.

(6)

If an electoral official requires specified information for any purpose other than a purpose specified in subsection (1), and the latest information already available to the electoral official is not suitable for the purpose, the electoral official may make a special request to the Electoral Commission for the information, which must be supplied subject to, and in accordance with, any regulations made under section 267.

(7)

[Repealed]

(8)

Regulations made under section 267 may prescribe—

(a)

fees for the supply of an electronic storage medium by the Electoral Commission in any case; and

(b)

fees for providing information under this section on an electronic storage medium in any case to which subsection (1) does not apply.

(9)

If an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain, for the purposes of compiling a roll of electors for the local authority and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that electoral official, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.

(9A)

Any electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) may, on payment of the prescribed fee, and in accordance with regulations made under this Act, obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing specified information, for the purpose of conducting an election for any body, where the Electoral Commission is satisfied that—

(a)

the body is established by statute or is a corporate or unincorporate body established by a local authority or local authorities or is a body contracted by a local authority or local authorities to provide services to some or all local residents or is a body that provides health services or disability support services or electricity supply or is a trust that owns shares in a body or bodies involved in electricity supply to some or all local residents; and

(b)

the body has in place procedures for the democratic conduct of its elections; and

(c)

it is in the public interest that the election be conducted by a local authority.

(9B)

Nothing in subsection (9A) or subsection (9D) requires a local authority to conduct an election on behalf of any other body but, where a local authority conducts an election for another body, the local authority may impose a charge in respect of the conduct of the election.

(9C)

Where any officer of a body designated by notice in writing pursuant to subsection (9D) wishes to obtain, for the purpose of compiling a roll of electors for an election and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that officer, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.

(9D)

The Minister may, by notice in writing, designate bodies for the purposes of subsection (9C) if the Minister is satisfied that—

(a)

the body has in place procedures for the democratic conduct of its elections; and

(b)

it is in the public interest that the elections are conducted using the specified information.

(10)

For the purposes of this section, the term specified information means, in respect of each elector appearing to reside in the appropriate area and entitled to vote in the election, by-election, or poll, so much of the following information as is requested by an electoral officer or electoral official or designated body:

(a)

the elector’s name, including first names, surname, and preferred honorific (if any):

(b)

the elector’s residential address and postal address (if different):

(c)

the elector’s occupation (if any):

(d)

the elector’s electoral district (whether Maori or General):

(e)

statistical meshblock details:

(f)

a description of each—

(i)

region or constituency of a region; or

(ii)

territorial authority district; or

(iii)

ward; or

(iv)

community board area; or

(iva)

local board area; or

(v)

other local authority and, where appropriate, local authority subdivision,—

in respect of which the elector appears to be entitled to vote.

(11)

However, if a local authority has resolved to adopt, for an election, a by-election, or a poll, a voting method to which section 141(3) of the Local Electoral Act 2001 applies,—

(a)

the electoral official of the local authority is also entitled to obtain the elector’s date of birth under subsection (1); and

(b)

for that purpose, subsections (1) to (5) apply as if the date of birth of an elector described in subsection (10) were also specified information.

Compare: 1956 No 107 s 64A; 1989 No 31 s 4(1); 1990 No 1 s 27

Section 113 heading: substituted, on 18 March 2002, by section 37(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(1): substituted, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(1): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(4): substituted, on 18 March 2002, by section 37(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(4): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(5): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(6): substituted, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(6): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(6): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(7): repealed, on 18 March 2002, by section 37(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(8): substituted, on 18 March 2002, by section 37(5) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(8)(a): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9): substituted, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(9): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(9A): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9A): amended, on 1 July 2012, by section 52(10) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9A): amended, on 1 July 2012, by section 52(16)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9A): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(9A): amended, on 18 March 2002, by section 37(6) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(9A): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(9A)(a): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 113(9B): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9C): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9C): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9C): amended, on 18 March 2002, by section 37(6) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(9D): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(10): substituted, on 6 December 1995, by section 33(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(10): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(10)(f)(iva): inserted, on 9 April 2019, by section 17(1) of the Local Electoral Matters Act 2019 (2019 No 7).

Section 113(11): inserted, on 9 April 2019, by section 17(2) of the Local Electoral Matters Act 2019 (2019 No 7).