New Zealand 1852 (rev. 2014) Subsequently amended

Preamble

Legislature Act 1908

Motives for writing constitution

Preamble

An Act to consolidate certain enactments of the General Assembly relating to the Legislature of New Zealand

1. Short Title, etc

  1. The Short Title of this Act is the Legislature Act 1908.
  2. This Act is a consolidation of the enactments mentioned in Schedule 1, and with respect to those enactments the following provisions shall apply:
    1. all districts, appointments, offices, Representation Commissioners, Proclamations, Orders in Council, orders, warrants, regulations, rules, rolls, lists, electors’ rights, voting permits, claims, applications, declarations, notices, instruments, records, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
    2. all matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
  3. This Act is divided into Divisions and Parts, as follows:
    • Division I—The Legislative Council. (Sections 2 to 11.)

      Division II—The House of Representatives. (Sections 12 to 241.)

      Part 1—Constitution of House. (Sections 13 to 34.)

      Part 2—Preliminary to the Election. (Sections 35 to 96.)

      Part 3—Regulation of Elections. (Sections 97 to 179.)

      Part 4—Maori Representation. (Sections 180 to 187.)

      Part 5—Election Petitions and Corrupt and Illegal Practices. (Sections 188 to 232.)

      Part 6—Miscellaneous. (Sections 233 to 241.)

      Division III—Privileges of Parliament. (Sections 242 to 271.)

      Division IV—Private, Local, and Private Estates Bills. (Sections 272 to 284.)

  4. In this Act, if not inconsistent with the context,—
    • Member of Parliament means member of the House of Representatives

      Parliament, when used alone, means the General Assembly.

Division I. The Legislative Council

2-11. [Repealed]

Division II

12-241. [Repealed]

Division III. Privileges of Parliament

A. Privileges generally

Immunity of legislators

242. Privileges of House of Representatives. Journals as evidence

  1. Legislative committees, Reference to country's history
    The House of Representatives and the Committees and members thereof shall hold, enjoy, and exercise such and the like privileges, immunities, and powers as on 1 January 1865 were held, enjoyed, and exercised by the Commons House of Parliament of Great Britain and Ireland, and by the Committees and members thereof, so far as the same are not inconsistent with or repugnant to such of the provisions of the Constitution Act as on 26 September 1865 (being the date of the coming into operation of the Parliamentary Privileges Act 1865) were unrepealed, whether such privileges, immunities, or powers were so held, possessed, or enjoyed by custom, statute, or otherwise.
  2. Such privileges, immunities, and powers shall be deemed to be part of the general and public law of New Zealand, and it shall not be necessary to plead the same, and the same shall be judicially taken notice of in all Courts and by and before all Judges.
  3. Upon any inquiry touching the privileges, immunities, and powers of the said House of Representatives, or of any Committee or member thereof, a copy of the Journals of the said Commons House of Parliament, printed or purporting to be printed by order of the said Commons House of Parliament by the printer to the said Commons House, shall be admitted as evidence of such Journals by all Courts, Judges, Justices, and others without any proof being given that such copies were so printed.

243-251. [Repealed]

B. Parliamentary witnesses

Legislative committees

252. Right to administer oaths

The House of Representatives and any Committee of such House may respectively administer an oath to any witness examined before such House or Committee; and any person examined as aforesaid who wilfully gives false evidence is liable to the penalties of perjury.

253. Indemnity to witness. Immunities and privileges

  1. Legislative committees
    Where any person sworn and examined as a witness by or before any Select Committee of the House of Representatives on any matter which is a subject of inquiry before such Committee, claims, upon such examination, excuse from answering any question put to him by any such Committee on the ground that the answer to such question may criminate or tend to criminate him, and the Committee is of opinion that full answers are required in order to enable it to deal satisfactorily with the matter under inquiry, it shall make a report thereof to the House, and if such House passes a resolution that the witness shall give full evidence, then such witness shall answer accordingly.
  2. Every such witness who thereupon answers fully and faithfully any question put to him by the Committee to the satisfaction of such Committee shall be entitled to receive a certificate under the hand of the Chairman of the Committee stating that such witness was, upon his examination, so required to answer and had answered all such questions.
  3. On production and proof in any Court of law of such certificate, the Court shall stay the proceedings in any action or prosecution against such witness for any act or thing done by him before that time and revealed by the evidence of such witness, and may at its discretion award to such witness such costs as he may have been put to.
  4. No statement made by any person in answer to any question put by or before any Committee as aforesaid shall, except in cases of a charge of perjury, be admissible as evidence in any proceeding, civil or criminal.
  5. Every witness sworn and examined under this or the last preceding section shall have, in respect of the testimony given by him when so sworn, the like privileges, immunities, and indemnities in all respects as are possessed by or belong to any witness sworn and examined in the High Court.

C. Hansard

253A. Hansard

  1. Publication of deliberations
    An official report (to be known as Hansard) shall be made of such portions of the proceedings of the House of Representatives and its committees as may be determined by the House of Representatives or by the Speaker of the House of Representatives.
  2. The report shall be made in such form and subject to such rules as may be from time to time approved by the House of Representatives itself or by the Speaker of the House of Representatives.

D. Other privileges

254-256. [Repealed]

257. Interpretation. Exemption of members and officers from attendance as witnesses

  1. In this and the succeeding sections of this Division of this Act—
    • Court of record means the Court of Appeal, the High Court, and every District Court

      process includes every writ, summons, and subpoena

      Speaker includes the person for the time being acting in that capacity.

  2. Where any member of Parliament or any of the officers specified in Schedule 6, not being in attendance on Parliament, is required by the process of any Court of record to attend thereat personally, either during any session of the General Assembly or within 10 days before the commencement thereof, as a party or witness in any civil proceeding, or as a witness in any criminal proceeding, such member or officer may apply to such Court to be exempted from attendance on such Court.

258. Exemption of members and officers bound by recognisance

[Repealed]

259. Court to make inquiry and grant exemption

On any such application for an exemption from attendance being made to any such Court as aforesaid, or to any Judge thereof, unless it appears to the satisfaction of the Court or Judge that the ends of public justice would be defeated or injuriously delayed or irreparable injury would be caused to any party to the proceedings by the non-attendance of such member or officer in obedience to such process or in pursuance of such process, the Court or Judge shall order that such member or officer shall be discharged from attendance in obedience to such process until the expiration of 10 days after the termination of the session of the General Assembly in respect of which such exemption is claimed, and may make order for the attendance of such member or officer at the sitting of such Court at such future date after the expiration of such 10 days as such Court or Judge thinks fit.

260. Exemption of Speaker from attendance on Courts

Where the Speaker of the House of Representatives, being in attendance on Parliament, is required by the process of any Court to attend thereat personally either as a party or a witness in any civil proceeding, or as a witness in any criminal proceeding, he shall submit the matter to the House of Representatives and such order may be made thereon as the House thinks fit; and if it is resolved that the Speaker shall be exempted from attendance, such resolution shall be presented in like manner and shall have the same effect as the certificate mentioned in section 263 in respect of any other member not being a Speaker:

provided that if the House is under adjournment, and it is necessary to act without delay, the Speaker whose attendance is required may sign a certificate to the like effect as is hereinafter provided in the said section in respect of any other member not being a Speaker, but such certificate shall remain in force only until the matter is submitted by the Speaker at the first convenient opportunity to the House, and order is made thereon.

261. Application to Speaker for exemption from attendance in civil Courts

Where any member of Parliament (other than the Speaker thereof) or any such officer as aforesaid, being in attendance on Parliament, is required by the process of any Court to attend thereat personally as a party or witness in any civil proceeding, or as a witness in any criminal proceeding, such member or officer may apply to the Speaker or Acting Speaker of the House to be exempted from such attendance on such Court.

262. Application by members and officers bound by recognisance

[Repealed]

263. Speaker to make inquiry and grant certificate

On any such application to a Speaker or Acting Speaker as aforesaid, unless it appears to his satisfaction, on such inquiry as he thinks fit to make into the circumstances of the case, that the ends of public justice would be defeated or injuriously delayed, or that irreparable injury would be caused to any party to the proceedings by the non-attendance of such member or officer in obedience to such process, such Speaker or Acting Speaker shall grant a certificate under his hand to the effect that the attendance in the General Assembly of the member or officer therein named is required during the session.

264. Effect of certificate

On such certificate being presented to the Court in which the attendance of such member or officer is required he shall be thereby exempted from attending therein until 10 days after the termination of the session then being held; and no proceedings, civil or criminal, shall be taken against such member or officer in respect of his non-attendance in obedience to such process, and the Court shall direct such postponement of trial or other proceedings, and make such order as it deems convenient and just, regard being had to such exemption as aforesaid.

265. Adjournment of civil proceedings against members and officers

Where any civil proceedings are pending in any Court of record against any such member or officer as aforesaid, and such proceedings are set down for trial or hearing, or are likely in the ordinary course to come on for trial or hearing, at a sitting of any such Court to be held within the period extending from 10 days before the holding of any session of the General Assembly, to 30 days after the termination of the said session, such member or officer may obtain an adjournment or appointment of such trial or hearing to some day later than the period of 30 days last mentioned, upon the conditions following:

  1. where such member or officer is not in attendance on Parliament, and the proceedings are likely to come on or are set down for trial or hearing at a sitting of any such Court to be held within 10 days before the commencement of the session or during such session, such member or officer shall make application to the Court in which such proceedings are pending for an adjournment or appointment of such trial or hearing to some day beyond the period of 30 days after the end of such session, accompanying such application with an affidavit made by such member or officer that he has been summoned to attend in his place in Parliament, and that it is necessary that opportunity should be afforded him of being personally present at the trial or hearing of such proceedings, and that his attendance on Parliament will prevent his being able so to be present on such trial or hearing:
  2. where such member or officer is in attendance on Parliament, and such proceedings are likely to come on or are set down for trial or hearing at a sitting of such Court to be held at any time during a session of Parliament or within 30 days thereafter, then such member or officer shall apply to the Speaker of the House of Representatives for a certificate entitling him to an adjournment of such trial or hearing, whereupon the following provisions shall apply:
    1. such application shall be supported by an affidavit made by such member or officer, and delivered to the Speaker, that such proceedings are likely to come on or are set down for trial or hearing at a sitting of such Court to be held during such session or within 30 days thereafter, and that the personal attendance of such member or officer at such trial or hearing is necessary for his interest:
    2. the Speaker shall, after making inquiry in manner provided by section 263, and unless satisfied that irreparable injury would be caused to any party to such proceedings if the trial or hearing thereof was postponed, forward such affidavit, together with a certificate in terms of the said section, to the Court in which such proceedings are pending.

266. Court may make inquiry and adjourn case

The Court in which such civil proceedings are pending shall, in either of the cases referred to in the last preceding section, cause the trial or hearing of such proceedings to be adjourned without cost to such member or officer, from time to time, to some sitting of the Court to be held after the expiration of 30 days after the termination of the session: provided that in the case referred to in paragraph (a) of the said last preceding section, the Court may make the same inquiries as the Speaker of the House of Representatives is required to make under the said section 263, and shall not be bound to adjourn or postpone the trial or hearing if it is satisfied that irreparable injury would be caused to any party to such proceedings by such adjournment or postponement.

267. Service of process of Courts not of record

If any person serves or causes to be served any summons or process issued out of any Court not of record (other than a summons or warrant on a charge of any offence), upon or for any such member or officer as aforesaid by sending, leaving, or delivering the same in any way which would otherwise be good service by law, during any session of the General Assembly, or within 10 days before the commencement or 10 days after the termination of such session, such service shall be invalid and of no effect.

268. Court to take judicial notice of signature of Speaker

It shall be the duty of all Courts, Judges, and Justices, and all other persons, to take judicial notice of the signatures of the Speaker or Acting Speaker of the House of Representatives when affixed to any such certificate as aforesaid.

269. Leave to members and officers to attend Court

Nothing in this Act shall be construed to limit or abridge in any respect the power of the House of Representatives to give leave to any of the members or officers of the House of Representatives to attend any Court in respect of which it appears desirable to the House of Representatives that such leave should be granted:

provided that any member of the House of Representatives having obtained leave of absence without any reference to the process of any Court shall, so far as regards any Court not being a Court of record, but not as regards a Court of record, be considered as in attendance upon his duties in Parliament.

270. [Repealed]

271. [Repealed]

Division IV. Private, local, and private estates bills

272-284. [Repealed]

Schedule 1. Enactments consolidated

Alcoholic Liquors Sale Control Act Amendment Act 1895 (1895 No 45) - Amendment(s) incorporated in the Act(s).

Disqualification Act 1878 (1878 No 30)

Electoral Act 1893 (1893 No 18)

Electoral Act 1905 (1905 No 29)

Legislative Council Act 1891 (1891 No 25)

Legislative Council Act Amendment Act 1902 (1902 No 50)

Legislative Officers’ Salaries Act 1867 (1867 No 85)

Legislative Officers’ Salaries Act Amendment Act 1906 (1906 No 54)

Licensing Acts Amendment Act 1904 (1904 No 42) - Amendment(s) incorporated in the Act(s).

Parliamentary and Executive Titles Act 1907 (1907 No 50) - Amendment(s) incorporated in the Act(s).

Parliamentary Privileges Act 1865 (1865 No 13)

Parliamentary Privileges Act 1865 Amendment Act 1875 (1875 No 20)

Parliamentary Witnesses Indemnity Act 1883 (1883 No 3)

Payment of Members Act 1904 (1904 No 24)

Private and Local Bills Costs Act 1882 (1882 No 24)

Private Estates Bills Act 1867 (1867 No 17)

Privileges Act 1866 (1866 No 73)

Privileges Act 1866 Amendment Act 1872 (1872 No 73)

Privileges Act 1866 Amendment Act 1878 (1878 No 16)

Public Service Classification Act 1907 (1907 No 55) - Amendment(s) incorporated in the Act(s).

Statute Law Amendment Act 1906 (1906 No 58) - Amendment(s) incorporated in the Act(s).

Schedule 2

[Repealed]

Schedule 3

[Repealed]

Schedule 4

[Repealed]

Schedule 5

[Repealed]

Schedule 6

A. HOUSE OF REPRESENTATIVES

The Clerk of the House of Representatives.

The Deputy Clerk of the House of Representatives.

The Sergeant-at-Arms.

The Clerk Assistant of the House of Representatives.

Schedule 7

[Repealed]

Amendment Act 1. Legislature Amendment Act 1992

Public Act: 1992 No 106

Date of assent: 26 November 1992

Commencement: 1 February 1993

1. Short Title and commencement

  1. This Act may be cited as the Legislature Amendment Act 1992, and shall be read together with and deemed part of the Legislature Act 1908.
  2. This Act shall come into force on 1 February 1993.

2. Interpretation

In this Act, unless the context otherwise requires,—

  • authorised Parliamentary paper means a Parliamentary paper published by order or under the authority of the House of Representatives

    Parliamentary paper means any report, paper, votes, or proceedings.

3. Act to bind the Crown

This Act binds the Crown.

Immunity of legislators

4. Stay of proceedings where publication made by order of House of Representatives

  1. Where any proceedings (whether civil or criminal) are commenced against any person in respect of the publication, by that person or that person’s employee, by order or under the authority of the House of Representatives, of any Parliamentary paper, that person may, subject to subsections (2) and (3), produce to the Court a certificate signed by the Speaker of the House of Representatives stating that the Parliamentary paper in respect of which the proceedings are commenced was published, by that person or that person’s employee, by order or under the authority of the House of Representatives.
  2. No certificate may be produced to any Court under subsection (1) unless the person seeking to produce it has given to the plaintiff or prosecutor in the proceedings, or to the plaintiff’s or prosecutor’s solicitor, at least 24 hours’ notice of that person’s intention to do so.
  3. Every certificate produced under subsection (1) shall be accompanied by an affidavit verifying the certificate.
  4. Where a certificate is produced to any Court in accordance with subsections (1) to (3), the Court shall immediately stay the proceedings, and the proceedings shall be deemed to be finally determined by virtue of this section.
Immunity of legislators

5. Stay of proceedings in respect of copy of Parliamentary paper

  1. Where any proceedings (whether civil or criminal) are commenced in respect of the publication of a copy of an authorised Parliamentary paper, the defendant in those proceedings may, at any stage of the proceedings, produce to the Court the authorised Parliamentary paper and the copy, together with an affidavit verifying the authorised Parliamentary paper and the correctness of the copy.
  2. Where, in any proceedings, the defendant produces the documents required by subsection (1), the Court shall immediately stay the proceedings, and the proceedings shall be deemed to be finally determined by virtue of this section.

Judicature Act 1908

Motives for writing constitution

Preamble

An Act to consolidate certain enactments of the Parliament of New Zealand relating to the High Court and the Court of Appeal, and to certain rules and provisions of law in judicial matters generally

1. Short Title, etc

  1. The Short Title of this Act is the Judicature Act 1908.
  2. This Act is a consolidation of the enactments mentioned in Schedule 1.
  3. Without affecting the specific saving provisions of this Act, it is hereby declared as follows:
    1. all Proclamations, Orders in Council, districts, offices, appointments, commissions, patents, scales of fees, rules, regulations, orders, registers, records, instruments, and generally all acts of authority which originated under any of the enactments mentioned in Schedule 1 or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:
    2. all actions, matters, and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
  4. This Act is divided into Parts, as follows:
    • Part 1: The High Court. (Sections 3 to 56.)

      Part 1A: Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia. (Sections 56D to 56S.)

      Part 2: The Court of Appeal. (Sections 57 to 75.)

      Part 3: Rules and provisions of law in judicial matters generally. (Sections 76 to 101.)

2. Interpretation

In this Act, unless the context otherwise requires,—

  • Associate Judge means an Associate Judge of the High Court

    Chief High Court Judge—

    1. means the person holding that office under section 4A; and
    2. includes a Judge of the High Court acting in place of the Chief High Court Judge under section 4A(5)

    civil proceedings means any proceedings in the court, other than criminal proceedings

    court means the High Court of New Zealand

    Court of Appeal Rules means rules which are made under section 51C and which regulate the practice and procedure of the Court of Appeal (including the practice and procedure on civil appeals from any court or person to the Court of Appeal); and includes the Court of Appeal (Civil) Rules 2005

    defendant means a person served or intended to be served with any application to the court for the exercise of its civil or criminal jurisdiction

    existing means existing on the coming into operation of this Act

    High Court Rules means the rules from time to time set out in Schedule 2

    inferior court means any court of judicature within New Zealand of inferior jurisdiction to the High Court

    interlocutory application—

    1. means any application to the court in any civil proceedings or criminal proceedings or intended civil proceedings or intended criminal proceedings for an order or a direction relating to a matter of procedure or, in the case of civil proceedings, for some relief ancillary to that claimed in a pleading; and
    2. includes an application for a new trial; and
    3. includes an application to review an order made, or a direction given, on any application to which paragraph (a) or paragraph (b) applies

    Judge means a Judge of the High Court

    judgment includes decree

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    plaintiff means a person who makes an application (other than an interlocutory application) to the court for the exercise of its civil or criminal jurisdiction

    Supreme Court means the Supreme Court of New Zealand established by section 6 of the Supreme Court Act 2003.

Part 1. The High Court

A. Constitution of the court

Structure of the courts

3. Supreme Court reconstituted as High Court

  1. There shall continue to be in and for New Zealand a court of record, for the administration of justice throughout New Zealand, henceforth to be called the High Court of New Zealand.
  2. The High Court is hereby declared to be the same court as that established by this Act, and called, before the commence- ment of section 2 of the Judicature Amendment Act 1979, the Supreme Court.

4. The Judges of the High Court

  1. The High Court consists of—
    1. Number of supreme court judges
      a Judge called the Chief Justice of New Zealand; and
    2. Number of supreme court judges
      the other Judges, up to a maximum of 55, who are from time to time appointed.
  2. For the purposes of subsection (1)(b),—
    1. a Judge who is acting on a full-time basis counts as 1:
    2. a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
    3. the aggregate number (for example, 54.5) must not exceed the maximum number of Judges that is for the time being permitted.
  3. Subsection (1) is subject to subsections (1C) and (1D) and the other provisions of this Act.
  4. Ordinary court selection
    An additional Judge or additional Judges may be appointed whenever the Governor-General thinks it necessary because of the absence or anticipated absence of any of the Judges on leave preliminary to retirement.
  5. Ordinary court selection
    Every appointment made under subsection (1C) must be a permanent appointment from the time when it is made, and must fill the vacancy next occurring in the office of Judge, not being a vacancy filled by an earlier appointment under subsection (1C).
  6. Ordinary court selection
    The Judges of the High Court shall be appointed by the Governor-General in the name and on behalf of Her Majesty.
  7. A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
  8. As between the Judges of the High Court who are not Judges of the Supreme Court or Court of Appeal,—
    1. the Chief High Court Judge has seniority over the other Judges:
    2. the other Judges have seniority among themselves according to the dates of their appointments as Judges of the High Court:
    3. 2 or more of the other Judges appointed as Judges of the High Court on the same date,—
      1. have seniority according to the precedence assigned to them by the Governor-General on appointment; or
      2. if no precedence is assigned to them, according to the order in which they take the Judicial Oath.
  9. Permanent Judges have seniority over temporary Judges.
  10. Subsection (3A) overrides subsection (3).
  11. The jurisdiction of the High Court shall not be affected by any vacancy in the number of the Judges of that court.

4A. Chief High Court Judge

  1. Ordinary court selection
    The Governor-General must by warrant appoint a Judge of the High Court who is not a Judge of the Supreme Court or the Court of Appeal to be the Chief High Court Judge.
  2. The Chief High Court Judge holds that office until the earliest of the following:
    1. ceasing to hold office as a Judge of the High Court:
    2. being appointed a Judge of the Supreme Court or the Court of Appeal:
    3. resigning the office of Chief High Court Judge without resigning office as a Judge of the High Court.
  3. The Chief High Court Judge cannot resign the office of Chief High Court Judge without resigning office as a Judge of the High Court, except with the prior approval of the Governor-General.
  4. The Judge of the High Court who is next senior after the Chief High Court Judge may act in place of the Chief High Court Judge if,—
    1. because of illness or absence from New Zealand, or for any other reason, the Chief High Court Judge is unable to exercise the duties of that office; or
    2. the office of Chief High Court Judge is vacant.
  5. While acting in place of the Chief High Court Judge, the next senior Judge—
    1. may perform the functions and duties of the Chief High Court Judge; and
    2. may for that purpose exercise all the powers of the Chief High Court Judge.
  6. The fact that the next senior Judge exercises any of the powers of the Chief High Court Judge is conclusive proof of his or her authority to do so.

4B. Functions of Chief High Court Judge

  1. The Chief High Court Judge is responsible to the Chief Justice for ensuring the orderly and prompt conduct of the High Court’s business.
  2. The Chief High Court Judge may make all the arrangements that are necessary for the sittings of the court and the conduct of its business.

4C. Judges of High Court act on full-time basis but may be authorised to act part-time

  1. A person acts as a Judge of the High Court on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
  2. The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 4 or section 4A to act on a part-time basis for any specified period.
  3. To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge.
  4. The Attorney-General may authorise a Judge to act on a parttime basis only—
    1. on the request of the Judge; and
    2. with the concurrence of the Chief High Court Judge.
  5. In considering whether to concur under subsection (4), the Chief High Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
  6. A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
  7. The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
  8. An authorisation may not be granted under subsection (2) for any person appointed as a Judge of the Court of Appeal or Supreme Court.

5. Senior Judge to act as Chief Justice in certain circumstances

[Repealed]

Eligibility for ordinary court judges

6. Judges to be barristers or solicitors

No person shall be appointed a Judge unless he has held a practising certificate as a barrister or solicitor for at least 7 years.

7. Commissions of Judges to continue during good behaviour

[Repealed]

8. Judges may be removed or suspended on address of both Houses of Assembly to the Queen

[Repealed]

9. Governor may suspend Judge when Parliament not sitting

[Repealed]

9A. Salaries and allowances of Judges

  1. There shall be paid to the Chief Justice, to the other Judges of the Supreme Court, to the President of the Court of Appeal, to the other Judges of the Court of Appeal, and to the other Judges, out of public money, without further appropriation than this section,—
    1. salaries at such rates as the Remuneration Authority from time to time determines; and
    2. such allowances as are from time to time determined by the Remuneration Authority; and
    3. a higher duties allowance payable and calculated in accordance with subsection (1A); and
    4. such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.
  2. The higher duties allowance under subsection (1)(ba) is—
    1. payable only to a Judge who—
      1. is or was not a Judge of the Court of Appeal holding office under section 57(2) (in this subsection called a permanent Judge); but
      2. is or was under sections 58A to 58C or section 58F serving as a member of a criminal or civil division, or as a member of the full court, of the Court of Appeal; and
    2. payable only in respect of periods of the Judge’s service as a member of the division or full court; and
    3. calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following formula:

      (a − b) × c/d

      where—

      • a is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a permanent Judge

        b is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a Judge who is not a permanent Judge

        c is 0.0383561 (the standard payroll factor, which represents the proportion of an annual salary that is paid per fortnight)

        d is 10 (the number of working days per fortnight).

  3. Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
  4. Every such determination, and every provision of any such determination, in respect of which no date is specified as afore- said shall come into force on the date of the making of the determination.
  5. The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.
  6. For the purpose of section 24 of the Constitution Act 1986, neither the cessation of the payment of a higher duties allowance payable and calculated under subsections (1)(ba) and (1A), nor the payment of salary and allowances on a pro rata basis under subsection (4), is a reduction of salary.

10. Salaries of Judges not to be diminished

[Repealed]

11. Temporary Judges

  1. Subject to section 11B, at any time during the illness or absence of any Judge, or for any other temporary purpose, the Governor-General may, in the name and on behalf of Her Majesty, appoint any person (including a former Judge) to be a Judge for such term, not exceeding 12 months, as the Governor-General may specify.
  2. Any person appointed a Judge under this section may be reappointed, but no Judge shall hold office under this section for more than 2 years in the aggregate.
  3. Every person appointed a Judge under this section shall, during the term of his appointment, be paid the salary and allowances payable by law to a Judge other than the Chief Justice, the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, or the Chief High Court Judge.

11A. Former Judges

  1. Subject to section 11B, the Governor-General may, in the name and on behalf of Her Majesty, appoint any former Judge to be an acting Judge for such term not exceeding 2 years or, if the former Judge has attained the age of 72 years, not exceeding 1 year, as the Governor-General may specify.
  2. During the term of his appointment, the former Judge may act as a Judge during such period or periods only and in such place or places only as the Chief High Court Judge may determine.
  3. Every former Judge appointed under this section shall, during each period when he acts as a Judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a Judge other than the Chief Justice or the President of the Court of Appeal or a Judge of the Court of Appeal, and must also be paid the higher duties allowance payable and calculated under section 9A(1)(ba) and (1A) and such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the Governor-General.
  4. Every former Judge appointed under this section shall, during each period when he acts as a Judge, have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

11B. Certificate by Chief Justice and Chief High Court Judge

No appointment may be made under section 11 or section 11A except on a certificate signed by the Chief Justice and the Chief High Court Judge to the effect that, in their opinion, it is necessary for the due conduct of the court’s business that 1 or more temporary Judges, or (as the case may require) for 1 or more acting Judges, to be appointed.

12. Superannuation allowance of Judges

[Repealed]

Mandatory retirement age for judges

13. Age of retirement

Every Judge, other than a former Judge appointed under section 11 or section 11A or a person who is deemed by section 58(10) to be a Judge, shall retire from office on attaining the age of 70 years.

14. Rights on retirement before attaining retiring age

If the Chief Justice or the President of the Court of Appeal resigns from office before attaining the age of 70 years and is, at the time of his or her resignation and but for the fact of his or her resignation, entitled to a period of leave of absence, he or she shall continue to receive the salary, privileges, and allowances of his or her former office until the expiration of that period or until he or she attains the age of 70 years or until he or she dies, whichever is the sooner, and his or her rights and obligations under the Government Superannuation Fund Act 1956 and all the rights which his or her surviving wife, husband, civil union partner, or de facto partner may have under that Act shall be the same as they would have been if he or she had been in office while his or her salary, privileges, and allowances so continued.

15. How superannuation allowances of the existing Judges to be computed

[Repealed]

B. Jurisdiction of the court

16. General jurisdiction

The court shall continue to have all the jurisdiction which it had on the coming into operation of this Act and all judicial jurisdiction which may be necessary to administer the laws of New Zealand.

16A. Power to award damages as well as, or in substitution for, injunction or specific performance

Where the court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.

17. Jurisdiction as to mentally disordered persons, etc

The court shall also have within New Zealand all the jurisdiction and control over the persons and estates of mentally disordered persons, and persons of unsound mind, and over the managers of such persons and estates respectively, as the Lord Chancellor of England, or any Judge or Judges of Her Majesty’s High Court of Justice or of Her Majesty’s Court of Appeal, so far as the same may be applicable to the circumstances of New Zealand, has or have in England under the Sign-manual of Her Majesty or otherwise.

17A. Jurisdiction as to liquidation of associations

  1. In this section, association includes any partnership, company, or other body corporate, or unincorporated body of persons other than—
    1. a company or an overseas company, as defined in section 2 of the Companies Act 1993; or
    2. [Repealed]
    3. a body corporate that may be put into liquidation in accordance with the provisions of any Act under which it is constituted.
  2. The court has jurisdiction to appoint a named person or an Official Assignee for a named district as the liquidator of an association.
  3. An application for the appointment of a liquidator may be made by the association or a director or member or creditor or the Registrar of Companies.
  4. The court may appoint a liquidator if it is satisfied that—
    1. the association is dissolved or has ceased to carry on business or is carrying on business solely for the purpose of terminating its affairs; or
    2. the association is unable to pay its debts; or
    3. it is just and equitable that the association be put into liquidation.

17B. Application of Companies Act 1993

Part 16 of the Companies Act 1993 (except sections 241(1) to (4) and 268) shall apply, with such modifications as may be necessary, in relation to the liquidation of an association and as if references to—

  1. a company registered under that Act included a reference to an association:
  2. a director included references to any person occupying the position of director by whatever name called:
  3. shareholders or persons entitled to surplus assets under the constitution of a company and the Companies Act 1993 were references to such persons as the court may determine to be justly entitled to any surplus assets after the satisfaction of the claims of all the creditors.

17C. Meaning of inability to pay debts

For the purposes of section 17A, an association is unable to pay its debts—

  1. if—
    1. a creditor who is owed an amount exceeding $100 by the association has served on the asso- ciation a demand for payment of that amount by leaving it at the principal office of the association in New Zealand, or delivering it to the secretary or a director or manager or principal officer of the association; and
    2. the association has for 3 weeks after the demand was served on it failed to pay the amount due or secure the payment of it or compound for it to the satisfaction of the creditor; or
  2. if—
    1. an action or proceeding has been commenced against a member of the association for the payment of an amount owing by the association or that member in his or her capacity as a member; and
    2. notice in writing of the action or proceeding has been served on the association by leaving it at its principal place of business in New Zealand or by delivering it to the secretary or a director, or principal officer of the association or serving it on the association in such manner as the court may approve or direct; and
    3. the association has not, within 10 days after the notice was served on it, paid or secured the debt, or compounded for it or had the action or proceeding stayed or indemnified the member for the amount of any judgment that may be entered against him or her and any costs, damages, and expenses that may be incurred by him or her in the action or proceeding; or
  3. if execution or other process issued on a judgment, decree, or order obtained in a court in favour of a creditor against the association, or a member of the association in his or her capacity as a member, or a person authorised to be sued on behalf of the association, is returned unsatisfied; or
  4. if it is proved to the satisfaction of the High Court that the association is unable to pay its debts, and in determining whether an association is unable to pay its debts, the court shall take into account the contingent and prospective liabilities of the association.

17D. Power of liquidator to enforce liabilities

The liquidator may, by notice in writing, require any person who is liable to pay or contribute to the payment of—

  1. any debt or liability of the association; or
  2. any sum for the adjustment of the rights of the members among themselves; or
  3. the costs and expenses of the liquidation—

to pay or contribute accordingly and every such person is liable to pay or contribute the amount due in respect of that liability.

17E. Actions stayed on liquidation

Where the court appoints a liquidator of an association, no action or proceeding shall be commenced or continued against any person referred to in section 17D in respect of any debt of the association, except with the leave of the court, and subject to such terms as the court may impose.

18. No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840

The court shall not have jurisdiction to try any felony or misdemeanour committed before 14 January 1840.

19. Powers of the court may be exercised by 1 or more Judges

  1. Each Judge or any 2 or more Judges may in any part of New Zealand exercise all the powers of the court, except such powers as may by any statute be required to be exercised by the full court or by any specified number of Judges.
  2. Subsection (1) shall be read subject to the provisions of any enactment that provides for the appointment of persons other than Judges to sit with the court or as members of the court in respect of any specified proceedings or class of proceedings.

19A. Certain civil proceedings may be tried by jury

  1. This section applies to civil proceedings in which the only relief claimed is payment of a debt or pecuniary damages or the recovery of chattels.
  2. If the debt or damages or the value of the chattels claimed in any civil proceedings to which this section applies exceeds $3,000, either party may have the civil proceedings tried before a Judge and a jury on giving notice to the court and to the other party, within the time and in the manner prescribed by the High Court Rules, that he requires the civil proceedings to be tried before a jury.
  3. Notwithstanding anything in subsection (2), in any case where, after notice has been given pursuant to that subsection but before the trial has commenced, the debt or damages or the value of the chattels claimed is reduced to $3,000 or less, the civil proceedings shall be tried before a Judge without a jury.
  4. If, in any civil proceedings to which this section applies, the defendant sets up a counterclaim, then, unless pursuant to this section the civil proceedings and the counterclaim are both to be tried before a Judge without a jury, the following provisions shall apply:
    1. on the application of either party made with the consent in writing of the other party, both the civil proceedings and counterclaim shall be tried before a Judge without a jury, or before a Judge with a jury, whichever is specified in the application:
    2. if no such application is made, the civil proceedings and the counterclaim shall, subject to any direction of the court or a Judge under section 19B, be tried in accordance with the foregoing provisions of this section: provided that if the court or a Judge orders that the civil proceedings and the counterclaim be tried together, they shall be tried before a Judge with a jury.
  5. Notwithstanding anything to the contrary in the foregoing provisions of this section, in any case where notice is given as aforesaid requiring any civil proceedings to be tried before a jury, if it appears to a Judge before the trial—
    1. that the trial of the civil proceedings or any issue therein will involve mainly the consideration of difficult questions of law; or
    2. that the trial of the civil proceedings or any issue therein will require any prolonged examination of documents or accounts, or any investigation in which difficult questions in relation to scientific, technical, business, or professional matters are likely to arise, being an examination or investigation which cannot conveniently be made with a jury,— the Judge may, on the application of either party, order that the civil proceedings or issue be tried before a Judge without a jury.
  6. Nothing in this section shall apply in respect of any civil proceedings to be heard by the court in its admiralty jurisdiction.

19B. All other civil proceedings to be tried before Judge alone, unless court otherwise orders

  1. Except as provided in section 19A of this Act, civil proceedings shall be tried before a Judge alone.
  2. Notwithstanding subsection (1), if it appears to the court at the trial, or to a Judge before the trial, that the civil proceedings or any issue therein can be tried more conveniently before a Judge with a jury the court or Judge may order that the civil proceedings or issue be so tried.

19C. Questions of foreign law to be decided by Judge

  1. Where, for the purpose of disposing of any civil proceedings or any criminal proceedings which are being tried by a Judge of the High Court with a jury, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the Judge alone.
  2. This section has effect notwithstanding anything in section 19A or section 19B.

20. Governor in Council may divide New Zealand into districts

[Repealed]

21. Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure

[Repealed]

22. How applications to be made when Judge absent or unable to act

[Repealed]

23. Governor-General may appoint special sittings

The Governor-General in Council may from time to time appoint special sittings of the court for the despatch of civil and criminal business, to be held at such time and place or places, and before such Judge or Judges, as he thinks fit.

23A. Offices of the High Court

  1. The Governor-General may from time to time, by notice in the Gazette, declare an office or offices of the court to be established at such place or places as may be specified in the notice, as from such date, in the case of each office, as may be so specified.
  2. [Repealed]
  3. [Repealed]
  4. Where any office of the court is abolished, the Minister of the Crown who is responsible for the Ministry of Justice may direct that all documents, books, and records in that office shall be delivered to some other office of the court (in this section referred to as the substituted office). From the time of their delivery to the Registrar of the substituted office, those documents, books, and records shall be deemed to be in the lawful custody of that Registrar.
  5. Where any office of the court is abolished, the following provisions shall apply:
    1. any act or thing that could have been done under any enactment or rule by the Registrar of that office may be done by the Registrar of the substituted office:
    2. any step in any proceedings that would, but for the abolition of that office, have been taken there under any enactment or rule may be taken at the substituted office:
    3. any act or thing required or authorised by any enactment or rule to be done by any person at that office, whether in respect of any proceedings or in respect of any transaction recorded or document filed there, may be done at the substituted office:
    4. any address for service, being an address conforming to the requirements of the rules of court, that has been given by any party to any proceedings in respect of which the records are delivered to the substituted office shall continue to be the address for service of that party for the purposes of those proceedings, notwithstanding that because of its distance from the substituted office it may cease to conform to those requirements: provided that where, because of its distance from the substituted office, the address does not conform to the requirements of the rules, the party shall give a new address for service conforming to those requirements when he first files in the substituted office any document in the proceedings:
    5. if in respect of any proceedings, or of any transaction, document, record, or other matter, any question arises as to the application of any provision of this section or as to the proper procedure to be followed, the court or a Judge may determine the question and make such order thereon as the court or Judge thinks fit.

24. Registrar may act for Judge in certain cases

[Repealed]

C. Commercial list

Structure of the courts

24A. Establishment of commercial list

  1. The Governor-General may from time to time by notice in the Gazette declare a commercial list to be established at any office of the High Court as from a date to be specified in the notice.
  2. The first commercial list shall be established at the office of the High Court at Auckland for a period to be specified in the notice (which period shall not be less than 4 years).
  3. The Governor-General may, on or before the expiration of the period specified under subsection (2), either—
    1. extend that period by notice in the Gazette; or
    2. declare by notice in the Gazette that the commercial list at the office of the High Court at Auckland shall continue indefinitely.
  4. Where the Governor-General exercises the power given by subsection (3)(a), the Governor-General may, on or before the expiration of the extended period, declare by notice in the Gazette that the commercial list established at the office of the High Court at Auckland shall continue indefinitely.
  5. Where the commercial list established at the office of the High Court at Auckland ceases to be established upon the expiration of the period specified under subsection (2) or the extended period specified under subsection (3)(a), the commercial list shall be deemed to continue for the purpose of completing any proceeding entered on the commercial list at the expiration of that period.

24B. Proceedings eligible for commercial list

  1. The classes of proceedings eligible for entry on a commercial list are as follows:
    1. any proceedings arising out of or otherwise relating to:
      1. the ordinary transactions of persons engaged in commerce or trade or of shippers:
      2. the carriage of goods for the purpose of trade or commerce:
      3. the construction of commercial, shipping, or transport documents:
      4. the export or import of merchandise:
      5. insurance, banking, finance, guarantee, commercial agency, or commercial usages:
      6. disputes arising out of intellectual property rights between parties engaged in commerce:
    2. applications to the court under the Arbitration Act 1996:
    3. appeals against determinations of the Commerce Commission:
    4. proceedings under any of the provisions of sections 80, 81, 82, and 89 of the Commerce Act 1986:
    5. cases stated by the Financial Markets Authority, and civil proceedings under the Securities Act 1978 or the Securities Markets Act 1988:
    6. the following proceedings in relation to companies registered under the Companies Act 1955 or the Companies Act 1993, as the case may be:
      1. applications for directions by liquidators and receivers:
      2. defended applications under section 209ZG of the Companies Act 1955 or section 174 of the Companies Act 1993:
      3. disputes relating to takeovers:
      4. disputes between shareholders or classes of shareholders of companies (other than companies registered under Part 8 of the Companies Act 1955 and companies registered under the Companies Act 1993 and having not more than 25 shareholders):
    7. proceedings of a commercial nature required or permitted to be entered on a commercial list by or under any Act or by or under the High Court Rules or any rules made under section 51C of this Act.
  2. Where any appeal belonging to the class of appeals described in subsection (1)(c) is entered on a commercial list,—
    1. that appeal shall, notwithstanding section 75(2) of the Commerce Act 1986, be heard and determined by the court; and
    2. any lay member appointed pursuant to section 77 of the Commerce Act 1986 shall, for the purpose of the hearing and determination of that appeal by the court, be deemed to be a lay member of the court; and
    3. section 77 and sections 91 to 97 of the Commerce Act 1986 shall, subject to section 24E, apply with all necessary modifications to that appeal.
  3. Rules made under section 51C shall make provision for—
    1. the manner in which proceedings eligible for entry on a commercial list are to be entered on a commercial list:
    2. orders for the removal of proceedings entered on a commercial list:
    3. the procedure governing the determination of proceedings entered on a commercial list.

24C. Commercial list Judges

  1. A commercial list established under section 24A is supervised by a Judge nominated from time to time by the Chief Justice after consulting the Chief High Court Judge.
  2. The Chief High Court Judge can be nominated under subsection (1).
  3. After consulting the Chief High Court Judge, the Chief Justice may nominate 1 or more Judges to help the Judge nominated under subsection (1) and to supervise the list when that Judge is absent from duty.
  4. Every interlocutory application in any proceeding entered on a commercial list shall be determined by a Judge nominated under subsection (1) or subsection (2).
  5. Where—
    1. any dispute has arisen concerning the construction, status, or application of a contract or document; and
    2. the dispute could be determined in a proceeding eligible for entry on a commercial list; and
    3. no proceeding has been commenced in respect of the dispute,—

    any party to the dispute may apply to a Judge nominated under subsection (1) or subsection (2) for the determination of the questions involved in the dispute.

24D. Directions for speedy determination of real questions in proceedings on commercial list

The court may from time to time give such directions as the court thinks fit (whether or not inconsistent with the High Court Rules or any rules made under section 51C) for the speedy and inexpensive determination of the real questions between the parties to proceedings entered on a commercial list.

24E. Agreement not to appeal

The parties to any proceedings entered on a commercial list may agree that the decision of the court shall be final.

24F. Proceedings not to be tried by jury

Notwithstanding anything in section 19A, no proceeding entered on a commercial list shall be tried before a jury.

24G. Restriction of right of appeal from interlocutory decisions

  1. No appeal shall lie from an interlocutory decision of the High Court in respect of any proceeding entered on a commercial list unless leave to appeal to the Court of Appeal is given by the High Court on application made within 7 days of the decision being given or within such further time as the High Court may allow.
  2. If the High Court refuses leave to appeal from any such interlocutory decision, the Court of Appeal may grant that leave on application made to the Court of Appeal within 21 days of the refusal of leave by the High Court.

D. Administrative Division of the court

[Repealed]

25. Administrative Division of the High Court

[Repealed]

26. Jurisdiction of Administrative Division

[Repealed]

26A. Lay members or assessors in certain cases

[Repealed]

26B. Rules relating to Administrative Division

[Repealed]

E. Associate Judges of the High Court

26C. Appointment of Associate Judges

  1. Ordinary court selection
    The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Associate Judges of the High Court.
  2. The maximum number of Associate Judges is 9.
  3. For the purposes of subsection (2),—
    1. an Associate Judge who is acting on a full-time basis counts as 1:
    2. an Associate Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
    3. the aggregate number (for example, 5.5) must not exceed the maximum number of Associate Judges that is for the time being permitted.
  4. Eligibility for ordinary court judges
    A person must not be appointed as an Associate Judge unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years.
  5. An Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
  6. An Associate Judge holds office until, in accordance with section 26E, he or she retires or resigns or is removed from office.
  7. Subsection (6) applies to—
    1. every Associate Judge appointed after the commencement of this section; and
    2. every person deemed by section 6(1) of the Judicature Amendment Act 2004 to have been appointed as an Associate Judge at the commencement of this section (despite any provision to the contrary in any enactment or warrant of appointment).

26D. Associate Judges act on full-time basis but may be authorised to act part-time

  1. A person acts as an Associate Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
  2. The Attorney-General may, in accordance with subsection (4), authorise an Associate Judge appointed under section 26C to act on a part-time basis for a specified period.
  3. To avoid doubt, an authorisation under subsection (2) may take effect as from an Associate Judge’s appointment or at any other time, and may be made more than once in respect of the same Associate Judge.
  4. The Attorney-General may authorise an Associate Judge to act on a part-time basis only—
    1. on the request of the Associate Judge; and
    2. with the concurrence of the Chief High Court Judge.
  5. In considering whether to concur under subsection (4), the Chief High Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
  6. An Associate Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
  7. The basis on which an Associate Judge acts must not be altered during the term of the Associate Judge’s appointment without the Associate Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

26E. Vacation of office

  1. Supreme/ordinary court judge removal
    The Governor-General may, if the Governor-General thinks fit, remove an Associate Judge for inability or misbehaviour.
  2. An Associate Judge may resign the office of Associate Judge by notice in writing addressed to the Attorney-General.
  3. Mandatory retirement age for judges
    Subject to section 26H, every Associate Judge shall retire from office on attaining the age of 70 years.

26F. Salaries and allowances of Associate Judges

  1. Subject to subsection (5), there shall be paid to every Associate Judge, out of public money, without further appropriation than this section,—
    1. a salary at such rate as the Remuneration Authority from time to time determines; and
    2. such allowances as are from time to time determined by the Remuneration Authority; and
    3. such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.
  2. Protection of judges' salaries
    Subject to subsection (5), the salary of an Associate Judge shall not be diminished during the continuance of the Associate Judge’s appointment.
  3. Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
  4. Every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination.
  5. The salary and allowances payable for a period during which an Associate Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.
  6. For the purpose of subsection (2), the payment of salary and allowances on a pro rata basis under subsection (5) is not a diminution of salary.

26G. Superannuation or retiring allowances of Associate Judges

For the purpose of providing a superannuation fund or retiring allowance for persons appointed as Associate Judges, sums by way of subsidy or contribution may from time to time be paid under Part 5B of the Government Superannuation Fund Act 1956 or to any registered superannuation scheme in accordance with a determination of the Remuneration Authority.

26H. Temporary Associate Judges

  1. Ordinary court selection
    The Governor-General may, subject to this section, appoint any person (including a former Associate Judge) to act as an Associate Judge for such period as is specified in the warrant of appointment.
  2. The period so specified shall not exceed 12 months; but any person appointed under this section may from time to time be reappointed.
  3. Eligibility for ordinary court judges
    No person shall be appointed as an Associate Judge under this section unless that person is eligible for appointment as an Associate Judge pursuant to section 26C, save that, subject to subsection (4) of this section, a person otherwise qualified who has attained the age of 70 years (including an Associate Judge who has retired after attaining that age) may be appointed as an Associate Judge under this section.
  4. Eligibility for ordinary court judges
    No person shall be appointed or reappointed as an Associate Judge under this section who has attained the age of 72 years.
  5. Subject to section 26F(5), every person appointed as an Associate Judge under this section shall, during the term of that Associate Judge’s appointment, be paid the salary and allowances payable by law to an Associate Judge.
  6. No appointment may be made under this section otherwise than on a certificate signed by the Chief Justice to the effect that, in the opinion of the Chief Justice, it is necessary for the due conduct of the business of the court that a temporary Associate Judge be appointed.
  7. The Chief Justice must not sign the certificate without first consulting the Chief High Court Judge.

26I. Associate Judge may exercise certain powers of the court

  1. An Associate Judge shall have and may exercise all the jurisdiction and powers of the court in relation to the following matters:
    1. any application for summary judgment:
    2. [Repealed]
    3. any proceedings under which relief is claimed solely under any of the provisions of sections 140, 143, 144, 145, 145A, and 148 of the Land Transfer Act 1952 (which provisions relate to caveats):
    4. the assessment of damages where liability has been determined, or the trial of proceedings in which only the amount of the debt or damages is disputed:
    5. the entry of any judgment by consent, or the making of any other order by consent:
    6. the making of any order (other than an arrest order or an order relating to an arrest order) that may be made under rules of court against a judgment debtor who has been ordered to attend court for examination:
    7. the making, variation, suspension, or discharge of attachment orders under rules of court:
    8. any other matter in respect of which jurisdiction is conferred on an Associate Judge by or under any Act.
  2. An Associate Judge shall have and may exercise all the jurisdiction and powers which are vested in the court or a Judge by the following enactments:
    1. article 11 of Schedule 1 of the Arbitration Act 1996:
    2. sections 205 to 207 of the Companies Act 1955, as applied to compromises and arrangements by section 35 of the Companies Amendment Act 1993:
    3. sections 220 to 222, 226, 231(4), 233 to 237, 239, 240(1)(a), 246 to 249, 250 to 263, 265 to 267, 311A, 311B, 312, and 332 of the Companies Act 1955, as applied in relation to the winding up of a company by section 42(1) of the Companies Amendment Act 1993:
    4. sections 139, 168, 209N to 209P, 209R to 209T, 209X to 209ZA, 209ZF, 211, 213, 216 to 218, 220, 231(2), 235(5), 240, 243, 258, 260, 264, 265, 268 to 270, 281, 288, and 467 of the Companies Act 1955, as continued in force by section 3 of the Companies Act Repeal Act 1993:
    5. sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, Part 15A, Part 16, and section 329 of the Companies Act 1993:
    6. rules 39, 41, 71, 87 to 89, 91, 94, 95, 96, 111, 125(3), 136, 137, 141 to 143, 190, and 191 of the Companies (Winding Up) Rules 1956, as continued in force by section 42(7) of the Companies Amendment Act 1993:
    7. section 42(2) of the Corporations (Investigation and Management) Act 1989:
    8. section 26, Part 10, section 119, and Part 15 of the Insolvency Act 1967:
    9. the Insolvency Act 2006 (except sections 150, 166(3), 180, and 236(2)):
    10. any regulations or rules made under the Insolvency Act 2006:
    11. rules 41 and 43 of the Insolvency Rules 1970:
    12. any regulations relating to liquidations made under the Companies Act 1955 or under the Companies Act 1993:
    13. sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Personal Property Securities Act 1999:
    14. the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006.
  3. An Associate Judge shall have and may exercise all the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which an Associate Judge has jurisdiction pursuant to subsection (1) or subsection (2).
  4. Rules made under section 51C or rules made under any other Act in the manner provided in that section may contain such provisions as may be necessary—
    1. to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by this section; and
    2. to regulate the practice and procedure of the court on appeals against the exercise by Associate Judges of the jurisdiction and powers so conferred.
  5. [Repealed]

26IA. Ancillary powers of Associate Judge

  1. Subject to subsection (2), an Associate Judge shall have, in all proceedings (including proceedings on an interlocutory application) properly before the Associate Judge, jurisdiction to make any order or to exercise any authority or jurisdiction that might be made or exercised by a Judge of the High Court.
  2. Nothing in subsection (1) confers on an Associate Judge any jurisdiction or power of a kind described in subsection (3) or subsection (4) of section 26J.

26IB. Judge or Associate Judge may, by video link, preside at hearing of specified matters

  1. A Judge or Associate Judge may, by video link, preside at the hearing of any matter—
    1. over which an Associate Judge has jurisdiction under section 26I; and
    2. that is specified in rules made under section 51C for the purposes of this section.
  2. A hearing conducted under the authority of subsection (1)—
    1. has effect as if the Judge or Associate Judge were physically present:
    2. does not affect the privileges and immunities of the Judge or Associate Judge or of any witnesses, counsel, or parties appearing at the hearing.
  3. Rules made under section 51C may—
    1. specify a class or classes of matters in respect of which hearings authorised by subsection (1) may be conducted:
    2. regulate the manner in which hearings authorised by subsection (1) are conducted.

26J. Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges

  1. Notwithstanding anything contained in any other provision of this Act or of any other Act but subject to the provisions of this section, rules made under section 51C or rules made under any other Act in the manner provided in that section may confer on Associate Judges, subject to such limitations and restrictions as may be specified in the rules, such of the jurisdiction and powers of a Judge sitting in chambers, conferred by this Act or any other Act, as may be specified in the rules.
  2. Any such rules may contain such other provisions as may be necessary—
    1. to enable the proper exercise by Associate Judges of the jurisdiction and powers so conferred; and
    2. to regulate the practice and procedure of the court on any application to the court under section 26P(1) to review the exercise by an Associate Judge of the jurisdiction and powers so conferred.
  3. Nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on Associate Judges any jurisdiction or power in respect of any of the following matters:
    1. any criminal proceeding, other than an uncontested application for bail or an application for the setting aside of a witness summons:
    2. any application for a writ of habeas corpus:
    3. any proceedings for the issue or renewal of a writ of sequestration:
    4. any proceedings under or by virtue of the Care of Children Act 2004:
    5. any action in rem under or by virtue of the Admiralty Act 1973:
    6. any application to review, or any appeal against, the exercise, or the refusal to exercise, by any Registrar or Deputy Registrar, of any jurisdiction or power conferred on any Registrar or Deputy Registrar by or under this Act or any other Act.
  4. Nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on Associate Judges any jurisdiction or power—
    1. to grant an Anton Piller order, or an injunction (whether interlocutory or otherwise):
    2. to grant any relief on an application for review under section 4(1) of the Judicature Amendment Act 1972:
    3. to grant any relief in any proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari, or for a declaration or injunction:
    4. to grant any application to remove any person from public office:
    5. to try the right of any person to hold any public office.

26K. Power of Associate Judge to deal with witnesses and to punish for contempt

Sections 56A, 56B, and 56C shall apply in respect of any proceedings before an Associate Judge, and an Associate Judge shall have and may exercise all the jurisdiction and powers which, pursuant to those sections, are vested in the court or a Judge.

26L. Associate Judge to have no power to make order for committal, attachment, or arrest

Except as provided by section 26K, an Associate Judge shall have no jurisdiction or power to make an order for the committal, attachment, or arrest of any person.

26M. Associate Judge may act as referee

An Associate Judge may act as a referee under the High Court Rules in respect of any proceedings or any question arising in the course of any proceedings.

26N. Transfer of proceedings from Associate Judge to Judge

  1. In any proceedings before an Associate Judge, an Associate Judge may, on the application of any party to the proceedings, or of the Associate Judge’s own motion, refer the proceedings or any matter arising therein to a Judge if the Associate Judge is satisfied that because of the complexity of the proceedings or of that matter, or of any question in issue in the proceedings, it is expedient that the proceedings or that matter be referred to a Judge.
  2. Where any proceedings are to be dealt with or are being dealt with by an Associate Judge, a Judge may, at any time before the conclusion of those proceedings, on application made on notice by any party to the proceedings, order that the proceedings or any part thereof be transferred to a Judge if that Judge is satisfied that it is desirable that the proceedings or that part thereof be dealt with by a Judge.
  3. Upon the reference of any proceedings, or any matter arising therein, to a Judge under subsection (1), or the transfer of any proceedings or any part thereof to a Judge under subsection (2), the Judge may—
    1. dispose of the proceedings; or
    2. refer the proceedings or the matter back to the Associate Judge with such directions as the Judge thinks fit.

26O. Power of Associate Judge to adjourn proceedings

An Associate Judge shall have power to order the adjournment of any proceedings, notwithstanding that an Associate Judge would not otherwise have jurisdiction in respect of those proceedings.

26P. Review of, or appeals against, decisions of Associate Judges

  1. Right to appeal judicial decisions
    Any party to any proceedings who is affected by any order or decision made by an Associate Judge in chambers may apply to the court to review that order or decision and, where a party so applies in accordance with the High Court Rules, the court—
    1. must review the order or decision in accordance with the High Court Rules; and
    2. may make such order as may be just.
  2. The determination of the High Court on a review under subsection (1) is final, unless the High Court gives leave (or the High Court refuses leave, but the Court of Appeal gives special leave) to appeal from it to the Court of Appeal.
  3. Rules under section 51C may—
    1. specify the nature and extent of reviews or classes of review under subsection (1):
    2. regulate the procedure for hearing applications or classes of application under subsection (1):
    3. regulate the procedure for hearing applications or classes of application for leave under subsection (1AA).
  4. Right to appeal judicial decisions
    Any party to any proceedings may appeal to the Court of Appeal against any order or decision of an Associate Judge in those proceedings (other than an order or decision made in chambers).
  5. Section 66 shall apply to any appeal under subsection (2).

26Q. Immunity of Associate Judges

Every Associate Judge has the same immunities as a Judge of the High Court.

26R. Jurisdiction of Judge not affected

Nothing in this Act or in any rules made under section 51C or in any rules made under any other Act in the manner provided in that section shall prevent the exercise by any Judge of any jurisdiction or power conferred on an Associate Judge by this Act or by any such rules.

F. Officers

27. Appointment of officers

There may from time to time be appointed under the State Sector Act 1988 such Registrars, Deputy Registrars, and other officers as may be required for the conduct of the business of the court.

Subpart 1. Registrars

28. Powers of Registrars

  1. In order that the court may be enabled to exercise the jurisdiction conferred upon it by this Act, every Registrar and Deputy Registrar shall have all the powers and perform all the duties in respect of the court (except such powers and duties as any other officer may be specially appointed to exercise and perform) which Registrars and Deputy Registrars have hitherto performed or which by any rule or statute they may be required to perform.
  2. Each Deputy Registrar has the same powers and privileges, performs the same duties, and is subject to the same provisions and penalties under this Act and under any other Act as if he or she were the Registrar for the time being, whether or not those powers, privileges, duties, provisions, or penalties are conferred, imposed, or enacted under this Act or that other Act.
  3. Subsection (2) is subject to any provision to the contrary in any other enactment.

Subpart 2. Sheriffs

29. Sheriffs and Deputy Sheriffs

  1. Every Registrar of the High Court for the time being shall be a Sheriff for New Zealand.
  2. There may be appointed under the State Sector Act 1988 in respect of any office of the court 1 or more Deputy Sheriffs.
  3. Every Deputy Sheriff shall, in the absence of the Sheriff or when acting for the Sheriff, have the powers and privileges, duties and responsibilities of the Sheriff under this Act or any other enactment.

30. Sheriff’s oath

[Repealed]

31. Sureties may withdraw

[Repealed]

32. Duties, etc, of Sheriffs

Every Sheriff shall have such powers and privileges, duties and responsibilities, as a Sheriff by law has or is liable to in England as a ministerial officer of one of Her Majesty’s Courts at Westminster.

33. Sheriff to act as Queen’s bailiff

In addition to his powers and privileges, duties and responsibilities, as a ministerial officer, each Sheriff shall also have and exercise the powers and duties of the Queen’s bailiff.

34. Sheriff not to act as barrister or solicitor

No Sheriff shall be in any way concerned in any action in any court in New Zealand either as a barrister, solicitor, or agent.

35. Service of process when Sheriff disqualified

Where any process issues which the Sheriff ought not by law to execute, the High Court shall authorise some fit person to execute the same; and in every such case the cause of such special proceeding shall be entered upon the records of the court.

36. Persons arrested by Sheriffs may be committed to prison at once

Where any Sheriff, Sheriff’s officer, bailiff, or other person employed under the Sheriff, has arrested any person under or by virtue of any writ or process whatsoever, he may forthwith thereafter convey such person, or cause him to be conveyed, to such prison as he ought to be sent to by virtue of the writ or process against him.

Subpart 3. Poundage and fees

37. Calculation of Sheriff’s poundage

[Repealed]

38. Appointment of, and oath taken by, appraiser

[Repealed]

39. Goods defined

[Repealed]

40. Sheriffs’ and poundage fees

[Repealed]

41. Fee in special cases

[Repealed]

42. Fees to be paid into Crown Bank Account

All fees taken by a Sheriff under this Act must be paid immediately into a Crown Bank Account.

Subpart 4. Deputy Sheriffs and Acting Sheriffs

[Repealed]

43. Where Sheriff not present at sitting of court, duties of Sheriff may be performed by any person appointed by the court or Judge

[Repealed]

44. Provision in cases of vacancy in office of Sheriff

[Repealed]

45. Governor may appoint Deputy Sheriffs

[Repealed]

46. When Deputies to act

[Repealed]

Subpart 5. Commissioners to administer oaths

47. Commissioners to take affidavits, etc, out of New Zealand

  1. Any Judge of the High Court, by a commission to be issued under the seal of the court, may from time to time appoint any person to be and act as a Commissioner of the High Court in any country or place beyond the jurisdiction of the High Court, for the purpose of administering and taking any oath, affidavit, or affirmation, whether-
    1. in any civil or criminal proceedings commenced or pending in the High Court; or
    2. in any action, cause, proceeding, matter, or thing commenced or pending in any court of concurrent jurisdiction in New Zealand or in any inferior court; or
    3. in any proceedings or in any matter or thing within the cognisance or jurisdiction of the High Court or of any court of concurrent jurisdiction in New Zealand or of any inferior court.
  2. Every such appointment shall be gazetted.

48. Affidavits, etc, so taken to be of like effect as if taken in New Zealand

Every oath, affidavit, or affirmation taken or made before any such Commissioner as aforesaid shall within New Zealand be of the like effect in all respects as if the same had been administered, made, or taken by or before any court or persons having authority to administer or take the same in New Zealand.

49. Commission may be revoked

  1. Any commission issued as aforesaid may be revoked by any Judge of the court for any cause which such Judge deems sufficient; but no such revocation shall affect or prejudice any act, matter, or thing done by any Commissioner by virtue of his commission prior to a notification of such revocation having been given or sent to him.
  2. Every revocation of any such appointment shall be gazetted, and the notice published in the Gazette shall state the date when notice of revocation was given or sent to the Commissioner affected thereby.

Subpart 6. Practice and procedure of the court

50. Seal of the court

  1. The court shall have in the custody of each Registrar a seal of the court, for the sealing of all writs and other instruments or documents issued by such Registrar and requiring to be sealed.
  2. [Repealed]

51. High Court Rules

  1. Subject to subsections (2) to (4) and to sections 51A to 56C, the practice and procedure of the court in all civil proceedings shall be regulated by the High Court Rules.
  2. The High Court Rules shall be subject to any other rules which are made pursuant to section 51C and which prescribe the procedure applicable in respect of any class of civil proceedings or in respect of the practice or procedure of the Court of Appeal.
  3. Where any provision of the High Court Rules or of any rules made under section 51C restricts or excludes the application of the High Court Rules or any provisions of the High Court Rules, the provision that effects the restriction or exclusion shall have effect according to its tenor.
  4. If in any civil proceedings any question arises as to the application of any provision of the High Court Rules or of any rules made under section 51C, the court may, either on the application of any party or of its own motion, determine the question and give such directions as it thinks fit.

51A. Publication of High Court Rules under Legislation Act 2012

  1. The High Court Rules, and any reprint of the High Court Rules, may be published under the Legislation Act 2012 as if the rules were a legislative instrument within the meaning of that Act.
  2. The Legislation Act 2012 applies accordingly to rules published in that way.

51B. Rules Committee

  1. For the purposes of this Act and the District Courts Act 1947 and the Criminal Procedure Act 2011, there is a Rules Committee consisting of—
    1. the Chief Justice:
    2. the Chief High Court Judge:
    3. 2 other Judges of the High Court appointed by the Chief Justice:
    4. the Chief District Court Judge:
    5. 1 other District Court Judge appointed by the Chief Justice on the recommendation of the Chief District Court Judge:
    6. the Attorney-General:
    7. the Solicitor-General:
    8. the chief executive of the Ministry of Justice:
    9. 2 persons, who are barristers and solicitors of the High Court, nominated by the Council of the New Zealand Law Society and approved by the Chief Justice.
  2. The Chief Justice may appoint any other person to be a member for a special purpose. That person holds office during the pleasure of the Chief Justice.
  3. The members referred to in paragraphs (b), (d), and (h) of subsection (1)—
    1. must be appointed for terms not exceeding 3 years:
    2. may be reappointed:
    3. may resign office by notice in writing to the Chief Justice.
  4. The Rules Committee is a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.
  5. The members referred to in subsections (1)(h) and (2) may be paid, out of money appropriated by Parliament, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951.
Advisory bodies to the head of state, Head of state powers

51C. Power to make rules

  1. The Governor-General in Council, with the concurrence of the Chief Justice and any 2 or more of the members of the Rules Committee, of whom at least 1 shall be a Judge, may, for the purposes of facilitating the expeditious, inexpensive, and just dispatch of the business of the court, or of otherwise assisting in the due administration of justice, from time to time make rules regulating the practice and procedure of the High Court and of the Court of Appeal and of the Supreme Court (including the practice and procedure on appeals from any court or person to the Supreme Court, the Court of Appeal, or the High Court).
  2. Rules made pursuant to subsection (1) may—
    1. repeal the High Court Rules set out in Schedule 2, and substitute a new set of High Court Rules:
    2. alter or revoke any of the rules contained in the High Court Rules:
    3. add to the High Court Rules any further rules touching the practice and procedure of the High Court in all or any of the civil proceedings within its jurisdiction:
    4. add to the High Court Rules any rules made for the purposes of Part 1A:
    5. alter or revoke any rules regulating the practice or procedure of the Court of Appeal (including those contained in the Court of Appeal Rules 1955):
    6. revoke the Court of Appeal Rules 1955:
    7. alter or revoke any other rules of the High Court, the Court of Appeal, or the Supreme Court that are now or may hereafter be in force:
    8. fix scales of costs.
Head of state powers, Advisory bodies to the head of state

51D. Rules of court under other Acts to be made in manner provided by this Act

Where any other Act confers power to make rules of procedure in relation to civil proceedings, that power shall be exercised by the Governor-General in Council in the manner prescribed by section 51C, and not otherwise.

51E. Power to prescribe procedure on applications to High Court, Court of Appeal, or Supreme Court

  1. Head of state powers, Advisory bodies to the head of state
    Notwithstanding anything to the contrary in any Act or in any Imperial Act in force in New Zealand, rules may be made under section 51C prescribing the form and manner in which any class or classes of applications to the High Court or a Judge thereof or to the Court of Appeal or to the Supreme Court shall be made.
  2. So far as the provisions of any Act prescribing the form or manner in which any such applications are to be made, whether by petition, motion, summons, or otherwise, are inconsistent with or repugnant to the High Court Rules or the Court of Appeal Rules or to any rules made under section 51C, the Act prescribing that form or manner shall be deemed to be subject to the rules.

51F. Power to make rules conferring specified jurisdiction and powers of Judge on Registrars or Deputy Registrars

  1. Advisory bodies to the head of state, Head of state powers
    Notwithstanding anything contained in any other provision of this Act or of any other Act, but subject to the provisions of this section, rules made under section 51C or rules made under any other Act in the manner provided in that section may confer on Registrars and Deputy Registrars (whether of the High Court, the Court of Appeal, or the Supreme Court), subject to such limitations and restrictions as may be specified in the rules, such of the jurisdiction and powers of a Judge sitting in chambers, conferred by this Act or any other Act, as may be specified in the rules, and may contain such other provisions as may be necessary to enable the proper exercise by Registrars and Deputy Registrars of the jurisdiction and powers so conferred.
  2. Any jurisdiction and any powers conferred under this section may be conferred on specified Registrars or Deputy Registrars or on any specified class or classes of Registrars or Deputy Registrars.
  3. Where any matter in respect of which a Registrar or Deputy Registrar has jurisdiction under any rules of court appears to the Registrar or Deputy Registrar to be one of special difficulty, the Registrar or Deputy Registrar may refer the matter to a Judge, who may dispose of the matter or may refer it back to the Registrar or Deputy Registrar with such directions as the Judge thinks fit.
  4. Right to appeal judicial decisions
    Any party to any proceedings or any intended proceedings who is affected by any order or decision made by any Registrar or Deputy Registrar under any rules of court may apply to the court to review that order or decision, and where a party so applies the court may make such order as may be just.
  5. Nothing in this section or in the High Court Rules or in any rules made under section 51C or in any rules made under any other Act shall prevent the exercise by any Judge of any jurisdiction or powers conferred on any Registrar or Deputy Registrar by any such rules.

51G. Jurisdiction of court to award costs in all cases

  1. Where any Act confers jurisdiction on the High Court or a Judge thereof in regard to any civil proceedings or any criminal proceedings or any appeal, without expressly conferring jurisdiction to award or otherwise deal with the costs of the proceedings or appeal, jurisdiction to award and deal with those costs and to make and enforce orders relating thereto shall be deemed to be also conferred on the court or Judge.
  2. Such costs shall be in the discretion of the court or Judge, and may, if the court or Judge thinks fit, be ordered to be charged upon or paid out of any fund or estate before the court.

52. Power of Judge to hold or adjourn sitting

  1. A Judge may hold any sitting of the court at any time and place the Judge thinks fit.
  2. A Judge may adjourn a sitting of the court to a time and place the Judge thinks fit.
  3. If a Judge is not present at the time appointed for a sitting of the court, the Registrar may adjourn the sitting to a time that is convenient.

53. Fees to be paid into Crown Bank Account

All fees received under this Act must be paid into a Crown Bank Account.

54. Service of process on Sundays void

  1. Subject to any rule of court, no person shall serve or execute, or cause to be served or executed, on Sunday any statement of claim, application, writ, process, warrant, order, or judgment of the High Court or Court of Appeal (except in cases of crime or of breach of the peace), and such service or execution shall be void to all intents and purposes whatsoever.
  2. Nothing in subsection (1) shall apply to—
    1. the service of any writ in rem or warrant of arrest in respect of any proceedings heard or to be heard in the High Court in its admiralty jurisdiction; or
    2. the service of any subpoena or interlocutory injunction.
  3. Nothing in this section shall be construed to annul, repeal, or in any way affect the common law, or the provisions of any statute or rule of practice or procedure, now or hereafter in force, authorising the service of any statement of claim, application, writ, process, or warrant, in cases other than those excepted in subsection (1).

54A. Verdict of three-fourths

[Repealed]

54B. Discharge of juror or jury

Nothing in this Act affects the powers of a court or Judge to discharge a juror or jury for a civil case under section 22 of the Juries Act 1981.

G. Miscellaneous rules of law and of practice

Subpart 1. Habeas corpus

[Repealed]

54C. Procedure in respect of habeas corpus

[Repealed]

Subpart 2. Absconding debtors

55. Power under certain circumstances to arrest defendant about to quit New Zealand

  1. A person shall not be arrested upon mesne process in any civil proceedings in the High Court.
  2. Where in any civil proceedings in the High Court in which, if brought before 1 October 1874 (being the date of the coming into operation of the Imprisonment for Debt Abolition Act 1874), the defendant would have been liable to arrest, the plaintiff proves at any time before final judgment, by evidence on oath to the satisfaction of a Judge of the court, that the plaintiff has good cause of action against the defendant to the amount of $100 or upwards, and that there is probable cause for believing that the defendant is about to quit New Zealand unless he is apprehended, and that the absence of the defendant from New Zealand will materially prejudice the plaintiff in the prosecution of those proceedings, such Judge may, in the prescribed manner, order such defendant to be arrested and imprisoned for a period not exceeding 6 months, unless and until he has sooner given the prescribed security, not exceeding the amount claimed in those proceedings, that he will not go out of New Zealand without the leave of the High Court.
  3. Where the civil proceedings are for a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from New Zealand will materially prejudice the plaintiff in the prosecution of those proceedings; and the security given (instead of being that the defendant will not go out of New Zealand) shall be to the effect that any sum recovered against the defendant in those proceedings will be paid or that the defendant shall be rendered to prison.
  4. All the powers conferred by this section upon a Judge may be exercised by the Registrar of the court: provided that such powers shall be exercised by the said Registrar only in the absence of the Judge from the place where the office of the court is situate at which the application for such order as aforesaid is made.

Subpart 3. Foreign creditors

56. Memorials of judgments obtained out of New Zealand may be registered

  1. Any person in whose favour any judgment, decree, rule, or order, whereby any sum of money is made payable, has been obtained in any court of any of Her Majesty’s dominions may cause a memorial of the same containing the particulars hereinafter mentioned, and authenticated by the seal of the court wherein such judgment, decree, rule, or order was obtained, to be filed in the office of the High Court; and such memorial being so filed shall thenceforth be a record of such judgment, decree, rule, or order, and execution may issue thereon as hereinafter provided.
  2. Every seal purporting to be the seal of any such court shall be deemed and taken to be the seal of such court until the contrary is proved, and the proof that any such seal is not the seal of such court shall lie upon the party denying or objecting to the same.
  3. Every such memorial shall be signed by the party in whose favour such judgment, decree, rule, or order was obtained, or his attorney or solicitor, and shall contain the following particulars, that is to say: the names and additions of the parties, the form or nature of the action or other proceeding, and, when commenced, the date of the signing or entering-up of the judgment, or of passing the decree, or of making the rule or order, and the amount recovered, or the decree pronounced, or rule or order made, and, if there was a trial, the date of such trial and amount of verdict given.
  4. The court or any Judge thereof, on the application of the person in whose favour such judgment, decree, rule, or order was obtained, or his solicitor, may grant a rule or issue a summons calling upon the person against whom such judgment, decree, rule, or order was obtained to show cause, within such time after personal or such other service of the rule or summons as such court or Judge directs, why execution should not issue upon such judgment, decree, rule, or order, and such rule or summons shall give notice that in default of appearance execution may issue accordingly; and if the person served with such rule or summons does not appear, or does not show sufficient cause against such rule or summons, such court or Judge, on due proof of such service as aforesaid, may make the rule absolute, or make an order for issuing execution as upon a judgment, decree, rule, or order of the court, subject to such terms and conditions (if any) as such court or Judge thinks fit.
  5. All such proceedings may be had or taken for the revival of such judgment, decree, rule, or order, or the enforcement thereof by and against persons not parties to such judgment, decree, rule, or order as may be had for the like purposes upon any judgment, decree, rule, or order of the court.

Subpart 4. Witnesses

56A. Failure of witness to attend

  1. If any witness who is compellable to attend to give evidence at the hearing of any civil proceeding in the High Court and who has been duly summoned fails to attend at the time and place appointed, the court may issue a warrant to arrest him and bring him before the court, and may adjourn the hearing.
  2. The court may impose on any such witness who fails without just excuse (the proof of which excuse shall be on him) to attend as aforesaid a fine not exceeding $500.
  3. No witness shall be compellable to attend at the hearing of any civil proceeding in the High Court unless at the time of the service of the order of subpoena, or at some other reasonable time before the hearing, a sum in respect of his allowances and travelling expenses in accordance with the scale prescribed for the time being by regulations made under the Criminal Procedure Act 2011 is tendered or paid to him.

56B. Refusal of witness to give evidence

  1. If any witness in any civil proceeding in the High Court, without offering any just excuse, refuses to give evidence when required, or refuses to produce any document which he has been required to produce, or refuses to be sworn, or having been sworn refuses to answer such questions concerning that proceeding as are put to him, the court may order that, unless he sooner consents to give evidence or to produce the document or to be sworn or to answer thse questions put to him, as the case may be, he be detained in custody for any period not exceeding 7 days, and may issue a warrant for his arrest and detention in accordance with the order.
  2. If the person so detained, on being brought up again at the hearing, again refuses to give evidence or to produce the document or to be sworn or, having been sworn, to answer the questions put to him, the court, if it thinks fit, may again direct that the witness be detained in custody for the like period, and so again from time to time until he consents to give evidence or to produce the document or to be sworn or to answer as aforesaid.
  3. Nothing in this section shall limit or affect any power or authority of the court to punish any witness for contempt of court in any case to which this section does not apply.

56BB. Witnesses entitled to expenses

[Repealed]

Subpart 5. Contempt of court

56C. Contempt of court

  1. If any person—
    1. assaults, threatens, intimidates, or wilfully insults a Judge, or any Registrar, or any officer of the court, or any juror, or any witness, during his sitting or attendance in court, or in going to or returning from the court; or
    2. wilfully interrupts or obstructs the proceedings of the court or otherwise misbehaves in court; or
    3. wilfully and without lawful excuse disobeys any order or direction of the court in the course of the hearing of any proceedings—

    any constable or officer of the court, with or without the assistance of any other person, may, by order of the Judge, take the offender into custody and detain him until the rising of the court.

  2. In any such case as aforesaid, the Judge, if he thinks fit, may sentence the offender to imprisonment for any period not exceeding 3 months, or sentence him to pay a fine not exceeding $1,000 for every such offence; and in default of payment of any such fine may direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid.
  3. Nothing in this section shall limit or affect any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

Subpart 6. Immigration matters

56CA. Judicial review of decisions under Immigration Act 1987

[Repealed]

Part 1A. Special provisions applying to certain proceedings in the High Court and the Federal Court of Australia

56D. Interpretation

In this Part, unless the context otherwise requires,—

  • Australian proceeding means a proceeding in which a matter for determination arises under—

    whether or not any other matter arises for determination; and includes an interlocutory proceeding related to such a proceeding and an application for the issue of execution or enforcement of a judgment or order or injunction given or made or granted in such a proceeding

    Federal Court means the Federal Court of Australia

    New Zealand proceeding means a proceeding in which a matter for determination arises under—

    1. any of sections 36A, 98H, or 99A of the Commerce Act 1986; or
    2. a provision of Part 6 or Part 7 of the Commerce Act 1986 in so far as it relates to any of sections 36A, 98H, or 99A of that Act,—

    whether or not any other matter arises for determination; and includes an interlocutory proceeding related to such a proceeding and an application for the issue of execution or enforcement of a judgment or order or injunction given or made or granted in such a proceeding.

56DB. Trans-Tasman Proceedings Act 2010 does not affect this Part

This Part is not limited or affected by the Trans-Tasman Proceedings Act 2010.

56DC. Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part

Nothing in the Courts (Remote Participation) Act 2010 applies to any appearance by video link or telephone conference in accordance with this Part.

56E. High Court may order New Zealand proceedings to be heard in Australia

  1. The High Court may, if it is satisfied that a New Zealand proceeding could more conveniently or fairly be tried or heard by the High Court in Australia or that the evidence in a New Zealand proceeding could more conveniently be given in Australia, as the case may be, order that the proceeding be tried or heard in Australia, or that the evidence be taken in Australia, and may sit in Australia for that purpose.
  2. The order shall specify—
    1. the place in Australia where the proceeding will be tried or heard or the evidence taken, as the case may be:
    2. the date or dates of the trial or hearing or on which the evidence will be taken, as the case may be:
    3. such other matters relating to the trial or the hearing or the taking of the evidence, as the case may be, as the court thinks fit.
  3. Without limiting the powers of the High Court in relation to the proceeding, the High Court may give judgment in, or make any determination for the purposes of, a New Zealand proceeding in Australia.

56F. Australian counsel entitled to practise in High Court

A person who is entitled to practise as a barrister, or solicitor, or both, in the Federal Court is entitled to practise as a barrister, or solicitor, or both in relation to—

  1. a New Zealand proceeding before the High Court sitting in Australia:
  2. the examination, cross-examination, or re-examination of a witness in Australia whose evidence is being taken by video link or telephone conference in a New Zealand proceeding before the High Court in New Zealand:
  3. the making of submissions by video link or telephone conference to the High Court in New Zealand in a New Zealand proceeding.

56G. High Court may set aside subpoena issued in New Zealand proceeding

  1. The High Court may set aside an order of subpoena issued by the High Court requiring the attendance of a person in Australia to testify or to produce documents to the High Court for the purposes of a New Zealand proceeding.
  2. An application under subsection (1) shall be made by the person served with the order of subpoena and may be made ex parte.
  3. Without limiting the grounds on which the order of subpoena may be set aside, the High Court may set the order aside on any of the following grounds:
    1. that the witness does not have, and could not reasonably be expected to obtain, the necessary travel documents:
    2. that the witness is liable to be detained for the purpose of serving a sentence:
    3. that the witness is liable to prosecution for an offence:
    4. that the witness is liable to the imposition of a penalty in civil proceedings, not being proceedings for a pecuniary penalty under section 80 or section 83 of the Commerce Act 1986:
    5. that the evidence of the witness could be obtained without significantly greater expense by other means:
    6. that compliance with the order of subpoena would cause hardship or serious inconvenience to the witness:
    7. in the case of an order of subpoena that requires a witness to produce documents, whether or not it also requires the witness to testify, that the court is satisfied that the documents should not be taken out of Australia and that evidence of the contents of the documents can be given by other means.
  4. Every application to set aside an order of subpoena under subsection (1) shall be made by affidavit.
  5. The affidavit shall—
    1. be sworn by the applicant; and
    2. set out the facts on which the applicant relies; and
    3. be filed in the office of the court that issued the order of subpoena.
  6. The Registrar of the court shall cause a copy of the affidavit to be served on the solicitor on the record for the party to the proceedings who obtained the order of subpoena, or if there is no solicitor on the record, on that party.

56H. Injunctions and orders in New Zealand proceedings

Notwithstanding any rule of law, the High Court may, in a New Zealand proceeding, make an order or grant an injunction that the court is empowered to make or grant that requires a person to do an act, or refrain from engaging in conduct, in Australia.

56I. Issue of subpoenas in New Zealand proceedings

  1. An order of subpoena may, with the leave of a Judge, be obtained in a New Zealand proceeding requiring a person in Australia to testify, or produce documents or things, or both, to the High Court at a sitting of that court in New Zealand or in Australia.
  2. An order of subpoena issued for the purposes of a New Zealand proceeding that requires a witness in Australia to produce documents or things, but does not require the witness to testify, must permit the witness to comply with the order of subpoena by producing the documents or things to a specified registry of the Federal Court.

56J. Powers of Federal Court of Australia

  1. The Federal Court of Australia may exercise all the powers of that court—
    1. at a sitting of that court in New Zealand held for the purposes of an Australian proceeding:
    2. at a sitting of that court in Australia held for the purposes of an Australian proceeding at which the evidence of a witness in New Zealand is taken by video link or telephone conference or at which submissions are made in New Zealand by a barrister, or solicitor, or both or a party to the proceedings by video link or telephone conference.
  2. Without limiting subsection (1), the Federal Court of Australia Act 1976 and the rules of court made under that Act that are applicable in relation to Australian proceedings generally shall apply to the practice and procedure of the Federal Court at any sitting of that court of the kind referred to in that subsection.
  3. Without limiting subsection (1), the Federal Court may, at any such sitting of the court in New Zealand or in Australia, by order—
    1. direct that the hearing or any part of the hearing be held in private:
    2. require any person to leave the court:
    3. prohibit or restrict the publication of evidence or the name of any party or any witness.
  4. Nothing in subsection (1) or subsection (2) applies in relation to—
    1. the power of the court to punish any person for contempt; or
    2. the prosecution of any person for an offence committed as a witness; or
    3. the enforcement or execution of any judgment, order, injunction, writ, or declaration given, made, or granted by the court.
  5. An order made under subsection (3) may be enforced by a Judge of the High Court who, for that purpose, shall have and may exercise the powers, including the power to punish for contempt, that would be available to enforce the order if it had been made by that Judge.

56K. Issue of subpoenas in Australian proceedings

  1. An order of subpoena that is issued by the Federal Court with the leave of a Judge of that court requiring the attendance of a person in New Zealand to testify or to produce documents for the purposes of an Australian proceeding may be served on that person in New Zealand by leaving a sealed copy of the subpoena with that person personally together with a statement setting out the rights and obligations of that person, including information as to the manner in which application may be made to that court to have the subpoena set aside.
  2. A person who has been served with an order of subpoena under subsection (1) is not compellable to comply with the order unless, at the time of service of the order or at some other reasonable time before the hearing, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the order are tendered or paid to that person.

56L. Failure of witness to comply with subpoena issued in Australian proceeding

  1. The court may, on receiving a certificate under the seal of the Federal Court stating that a person named in the certificate has failed to comply with an order of subpoena requiring that person to attend as a witness for the purposes of an Australian proceeding, issue a warrant requiring any constable to arrest that person and bring that person before the court.
  2. The court may, on the appearance of that person before the court, impose a fine not exceeding $1,000 unless the court is satisfied, the onus of proof of which shall lie with that person, that the failure to comply with the order of subpoena should be excused.
  3. In determining whether the failure to comply with the order of subpoena should be excused, the High Court may have regard to—
    1. any matters that were not brought to the attention of the Federal Court, if the High Court is satisfied that—
      1. the Federal Court would have been likely to have set aside the order of subpoena if those matters had been brought to the attention of that court; and
      2. the failure to bring those matters to the attention of the Federal Court was not due to any fault on the part of the person alleged to have failed to comply with the order of subpoena or was due to an omission by that person that should be excused; and
    2. any matters to which the High Court would have regard if the order of subpoena had been issued by the High Court.
  4. For the purposes of this section, but subject to subsection (3), a certificate under the seal of the Federal Court stating—
    1. that the order of subpoena was issued by that court:
    2. that the witness failed to comply with the order of subpoena:
    3. in relation to any application made to that court to have the order of subpoena set aside, the decision of that court or any orders or findings of fact made by that court—

    shall be conclusive evidence of the matters stated in it.

  5. Subject to subsection (3), no findings of fact made by the Federal Court on an application to that court to have the order of subpoena set aside may be challenged by any person alleged to have failed to comply with the order unless the court was deliberately misled in making those findings of fact.

56M. Federal Court of Australia may administer oaths in New Zealand

  1. The Federal Court may—
    1. at any sitting of that court in New Zealand held for the purposes of an Australian proceeding; or
    2. for the purposes of obtaining the testimony of a person in New Zealand by video link or telephone conference at a sitting of that court in Australia— administer an oath or affirmation in accordance with the practice and procedure of that court.
  2. Evidence given by a person on oath or affirmation administered by the Federal Court under subsection (1), for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), be deemed to have been given as evidence in a judicial proceeding on oath.

56N. Orders made by Federal Court of Australia not subject to review

No application for review under Part 1 of the Judicature Amendment Act 1972 and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of the Federal Court made or given at a sitting of that court in New Zealand in an Australian proceeding.

56O. Contempt of Federal Court of Australia

  1. Every person commits an offence who, at any sitting of the Federal Court in New Zealand,—
    1. assaults, threatens, intimidates, or wilfully insults—
      1. a Judge of that court; or
      2. a registrar or officer of that court; or
      3. a person appearing as a barrister, or solicitor, or both, before that court; or
      4. a witness in proceedings before that court; or
    2. wilfully interrupts or obstructs the proceedings; or
    3. wilfully and without lawful excuse disobeys any order or direction of the court in the course of the proceedings.
  2. Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.

56P. Arrangements to facilitate sittings

  1. The Chief Justice of New Zealand may make arrangements with the Chief Justice of the Federal Court for the purposes of giving effect to this Part.
  2. Without limiting subsection (1) arrangements may be made—
    1. to enable the High Court to sit in Australia in New Zealand proceedings in the courtrooms of the Federal Court or in other places in Australia:
    2. to enable the Federal Court to sit in New Zealand in the courtrooms of the High Court or in other places in New Zealand:
    3. to enable evidence to be given and the submissions of counsel to be made in New Zealand proceedings or in Australian proceedings by video link or telephone conference:
    4. for the provision of registry facilities and court staff.

56Q. Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings

  1. A Judge of the Federal Court sitting as a Judge of that court in New Zealand in an Australian proceeding has all the protections, privileges, and immunities of a Judge of the High Court.
  2. Every witness who gives evidence in an Australian proceeding—
    1. at a sitting in New Zealand of the Federal Court; or
    2. by video link or telephone conference at a sitting in Australia of the Federal Court— has all the privileges and immunities of a witness in the High Court.
  3. A person appearing as a barrister, or solicitor, or both, in an Australian proceeding—
    1. at a sitting in New Zealand of the Federal Court; or
    2. by video link or telephone conference at a sitting in Australia of the Federal Court— has all the privileges and immunities of counsel in the High Court.
  4. A person appearing as a party in an Australian proceeding—
    1. at a sitting in New Zealand of the Federal Court; or
    2. by video link or telephone conference at a sitting in Australia of the Federal Court—

    has all the privileges and immunities of a party in a proceeding in the High Court.

56R. High Court may take evidence at request of Federal Court

  1. The High Court may, at the request of the Federal Court, take evidence in New Zealand for the Federal Court for the pur- poses of an Australian proceeding and may, by order, make any provision it considers appropriate for the purpose of taking that evidence.
  2. An order may require a specified person to take such steps the High Court considers appropriate for taking the evidence.
  3. Without limiting subsections (2) and (3), an order may, in particular, make provision—
    1. for the examination of witnesses, either orally or in writing; or
    2. for the production of documents or things; or
    3. for the inspection, photographing, preservation, custody, or detention of any property; or
    4. for taking samples of property and carrying out experiments on or with property.
  4. The High Court may make an order requiring a person to give evidence either orally or by tendering a written document otherwise than on oath or affirmation if the Federal Court requests it to do so.
  5. A person who has been served with an order made under this section is not compellable to comply with the order unless, at the time of service of the order or at some other reasonable time before that person is required to comply with the order, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the order are tendered or paid to that person.
  6. A person is not compellable to give evidence pursuant to an order under this section that he or she is not compellable to give in the Australian proceeding to which the request relates.
Advisory bodies to the head of state, Head of state powers

56S. Power to make rules for purposes of this Part

  1. Rules may be made under section 51C, for or in relation to, Australian proceedings and New Zealand proceedings.
  2. Without limiting subsection (1), rules may be made that make provision for, or in relation to,—
    1. the giving of evidence and the making of submissions in New Zealand proceedings by video link or telephone conference:
    2. receiving, for the purposes of the Evidence Amendment Act 1990, facsimiles as evidence of documents or things:
    3. the issuing of subpoenas for service in Australia for the purposes of New Zealand proceedings and the service of those subpoenas:
    4. the payment of witnesses required to comply with orders of subpoena served in Australia for the purposes of New Zealand proceedings of amounts in respect of expenses and loss of income occasioned by compliance with those orders:
    5. the lodging of documents or things with the Federal Court in compliance with orders of subpoena issued in New Zealand proceedings that require only the production of documents or things by witnesses:
    6. the transmission of documents or things lodged with the High Court in Australian proceedings in compliance with orders of subpoena issued by the Federal Court or certified copies of such documents to the Federal Court:
    7. the hearing of applications for orders under section 56G:
    8. sittings of the High Court in Australia:
    9. giving effect to arrangements made under section 56P:
    10. the form of certification of judgments, orders, and injunctions in New Zealand proceedings:
    11. the taking of evidence under section 56R:
    12. such other matters as are contemplated by or necessary for giving effect to this Part.

Part 2. The Court of Appeal

A. Constitution of the court

57. Constitution of Court of Appeal

  1. Structure of the courts
    There shall continue to be in and for New Zealand a court of record called, as heretofore, the Court of Appeal of New Zealand:

    provided and it is hereby declared that the Court of Appeal heretofore and now held and henceforth to be held is and shall be deemed and taken to be the same court.

  2. Subject to this Part, the Court of Appeal comprises—
    1. Ordinary court selection
      a Judge of the High Court appointed by the Governor-General as a Judge of the Court of Appeal and as President of that court:
    2. Ordinary court selection
      not fewer than 5 nor more than 9 other Judges of the High Court appointed by the Governor-General as Judges of the Court of Appeal.
  3. Eligibility for ordinary court judges
    Any Judge may be appointed to be a Judge of the Court of Appeal either at the time of his appointment as a Judge of the High Court or at any time thereafter.
  4. Every Judge of the Court of Appeal shall continue to be a Judge of the High Court, and may from time to time sit as or exercise any of the powers of a Judge of the High Court.
  5. Every Judge of the Court of Appeal shall hold office as a Judge of that court so long as he holds office as a Judge of the High Court: provided that, with the prior approval of the Governor-General, any Judge of the Court of Appeal may resign his office as a Judge of that court without resigning his office as a Judge of the High Court.
  6. The Judges of the Court of Appeal have seniority over all the Judges of the High Court (including any additional Judge of the Court of Appeal) except the Chief Justice and the other Judges of the Supreme Court.
  7. The President of the Court of Appeal has seniority over the other Judges of the Court of Appeal.
  8. Other Judges of the Court of Appeal appointed on different dates have seniority among themselves according to those dates.
  9. Other Judges of the Court of Appeal appointed on the same date have seniority among themselves according to their seniority as Judges of the High Court.
  10. A Judge of the Court of Appeal who resigns office as a Judge of that court without resigning office as a Judge of the High Court then has, as a Judge of the High Court, the seniority that he or she would have had if he or she had not been appointed as a Judge of the Court of Appeal.
  11. While any vacancy exists in the office of President of the Court of Appeal, or during any absence from New Zealand of the President, or while by reason of illness or any other cause he is prevented from exercising the duties of his office, the senior Judge of the Court of Appeal shall have authority to act as President of the Court of Appeal and to execute the duties of that office and to exercise all powers that may be lawfully exercised by the President.
  12. The jurisdiction of the Court of Appeal shall not be affected by any vacancy in the number of the Judges of that court.

57A. Judges of Court of Appeal act on full-time basis but may be authorised to act part-time

  1. A person acts as a Judge of the Court of Appeal on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
  2. The Attorney-General may, in accordance with subsection (4), authorise a Judge to act on a part-time basis for any specified period.
  3. To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge.
  4. The Attorney-General may authorise a Judge to act on a parttime basis only—
    1. on the request of the Judge; and
    2. with the concurrence of the President of the Court of Appeal.
  5. In considering whether to concur under subsection (4), the President of the Court of Appeal must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
  6. A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
  7. The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
  8. This section applies only to Judges who are appointed as Judges of the Court of Appeal.

58. Court of Appeal to sit in divisions

  1. Except as provided in sections 58D and 61A, for the purposes of any proceedings in the Court of Appeal, the court sits in divisions comprising 3 Judges.
  2. [Repealed]
  3. Structure of the courts
    There are—
    1. 1 or more divisions of the Court of Appeal for the purposes of criminal proceedings; and
    2. 1 or more divisions of the Court of Appeal for the purposes of civil proceedings.
  4. Each division of the Court of Appeal may exercise all the powers of the Court of Appeal.
  5. A division of the court may exercise any powers of the court even though 1 or more divisions of the court or a full court is exercising any powers of the court at the same time.
  6. If the majority of the members of a division of the court considers it desirable to do so, the division may—
    1. refer any proceeding; or
    2. state any case; or
    3. reserve any question— for the consideration of a full court of the Court of Appeal, and in that case a full court has the power to hear and determine the proceeding, case, or question.

58A. Composition of criminal appeals division or divisions

  1. For the purposes of any criminal proceeding that is heard by a division, the Court of Appeal comprises—
    1. 3 Judges of the Court of Appeal holding office under section 57(2); or
    2. 2 Judges of the Court of Appeal holding office under section 57(2) and 1 Judge of the High Court nominated by the Chief Justice under subsection (2); or
    3. 1 Judge of the Court of Appeal holding office under section 57(2) and 2 Judges of the High Court nominated by the Chief Justice under subsection (2).
  2. Except where the work of the High Court renders it impracticable for the Chief Justice to do so, the Chief Justice must from time to time, after consulting the President of the Court of Appeal and the Chief High Court Judge, nominate the Judges of the High Court who may comprise members of the Court of Appeal for the purposes of any proceeding or proceedings to which subsection (1) relates.
  3. Every nomination under subsection (2) must be made either—
    1. in respect of a specified case or specified cases; or
    2. in respect of every case to be heard by the Court of Appeal during a specified period not exceeding 3 months.
  4. For the purposes of this section, criminal proceeding means an appeal or application to the Court of Appeal under Part 6 of the Criminal Procedure Act 2011.

58B. Composition of civil appeals division or divisions

  1. For the purposes of any civil proceeding that is heard by a division of the court, the Court of Appeal comprises—
    1. 3 Judges of the Court of Appeal holding office under section 57(2); or
    2. 2 Judges of the Court of Appeal holding office under section 57(2) and 1 Judge of the High Court nominated by the Chief Justice under subsection (2); or
    3. 1 Judge of the Court of Appeal holding office under section 57(2) and 2 Judges of the High Court nominated by the Chief Justice under subsection (2).
  2. Except where the work of the High Court renders it impracticable for the Chief Justice to do so, the Chief Justice must from time to time, after consulting the President of the Court of Appeal and the Chief High Court Judge, nominate the Judges of the High Court who may comprise members of the Court of Appeal for the purposes of any proceeding or proceedings to which subsection (1) relates.
  3. Every nomination under subsection (2) must be made either—
    1. in respect of a specified case or specified cases; or
    2. in respect of every case to be heard by the Court of Appeal during a specified period not exceeding 3 months.
  4. For the purposes of this section, the term civil proceeding means—
    1. any appeal to the Court of Appeal against any judgment or order given or made in a proceeding other than a criminal proceeding:
    2. any application relating to an appeal of the kind mentioned in paragraph (a):
    3. any application for leave to bring an appeal of the kind mentioned in paragraph (a):
    4. any proceeding transferred to the Court of Appeal under section 64.

58C. Assignment of Judges to divisions

  1. Judges are assigned to act as members of a criminal or civil division of the Court of Appeal in accordance with a procedure adopted from time to time by Judges of the Court of Appeal holding office under section 57(2).
  2. The President of the Court of Appeal must publish in the Gazette any procedure adopted under subsection (1).
  3. A Judge of the High Court who is eligible to act as a Judge of a division of the Court of Appeal because of a nomination made under section 58A(2) or section 58B(2) may not be assigned to a division without the concurrence of the Chief Justice and the Chief High Court Judge.

58D. Court of Appeal to sit as full court in certain cases

  1. Subject to subsection (3), a full court consists of 5 Judges.
  2. Subject to section 58F, a full court is constituted only by Judges of the Court of Appeal holding office under section 57(2).
  3. Where, pending the determination of any proceeding, 1 or more of the members of a full court before whom the proceeding is being heard or was heard—
    1. dies; or
    2. becomes seriously ill; or
    3. is otherwise unavailable for any reason,— it is not necessary for that proceeding to be reheard, and the remaining members may continue to act as a full court for the purposes of this section with power to determine the proceeding or any incidental matter (including the question of costs) that may arise in the course of that proceeding.
  4. The Court of Appeal must sit as a full court to hear and determine—
    1. cases that are considered, in accordance with the procedure adopted under section 58E, to be of sufficient significance to warrant the consideration of a full court:
    2. any proceeding, case, or question referred under section 58(6) for hearing and determination by a full court:
    3. any appeal from a decision of the Court Martial Appeal Court under section 10 of the Court Martial Appeals Act 1953.

58E. Cases of sufficient significance for full court

  1. The question whether a case is of sufficient significance to warrant the consideration of a full court must be determined in accordance with the procedure which those Judges of the Court of Appeal holding office under section 57(2) from time to time adopt.
  2. The President of the Court of Appeal must publish in the Gazette any procedure adopted by the Judges of the Court of Appeal under subsection (1).

58F. High Court Judges sitting on full court

  1. Whenever the President of the Court of Appeal certifies in writing that due to—
    1. the illness or absence on leave of any of the Judges holding office under section 57(2); or
    2. the need for the expertise of a specific Judge of the High Court in a particular case; or
    3. any other exceptional circumstances,—

    it is necessary for a specified Judge who has been assigned to a division of the court under section 58C to sit as a member of the full court, that Judge may sit as a member of the full court.

  2. No more than 1 Judge of the High Court may sit as a member of the full court at any one time.

58G. Authority of High Court Judges

  1. The fact that a Judge of the High Court acts as a Judge of the Court of Appeal is conclusive evidence of the Judge’s authority to do so, and no judgment or determination given or made by the Court of Appeal while the Judge so acts may be questioned on the ground that the occasion for the Judge so acting had not arisen or had ceased to exist.
  2. A Judge of the High Court who has acted as a Judge of the Court of Appeal may attend sittings of the Court of Appeal for the purpose of giving any judgment or passing sentence in or otherwise completing any proceeding in relation to any case that has been heard by the Judge while he or she so acted.

59. Judgment of Court of Appeal

  1. The judgment of the court must be in accordance with the opinion of a majority of the Judges hearing the proceeding concerned.
  2. If the Judges present are equally divided in opinion, the judgment or order appealed from or under review is taken to be affirmed.
  3. The delivery of the judgment of the Court of Appeal may be effected in any manner provided by rules made under section 51C.

60. Sittings of Court of Appeal

  1. The Court of Appeal may from time to time appoint ordinary or special sittings of the court, and may from time to time make rules, not inconsistent with the rules of practice and procedure of the Court of Appeal for the time being in force under this Act or with the laws of New Zealand, in respect of the places and times for holding sittings of the court, the order of disposing of business, and any other necessary matters.
  2. If present at a sitting of the Court of Appeal, the President presides.
  3. If the President of the Court of Appeal is absent from a sitting of the court, the senior Judge of the court present presides.
  4. The court has power from time to time to adjourn any sitting until such time and to such place as it thinks fit.

60A. Court of Appeal may sit in divisions

[Repealed]

61. Adjournment in cases of absence of some of the Judges

Where, by reason of the absence of all or any 1 or more of the Judges of the Court of Appeal at the time appointed for the sitting of the court or any adjournment thereof, it is necessary to adjourn the sitting of the court to a future day, any 1 or more of the Judges at the time appointed for such sitting, or at the time of any adjournment thereof, or the Registrar of the said court in case none of the Judges thereof are present, may adjourn or further adjourn such sitting to such future day and hour as such Judge or Judges or such Registrar think fit.

61A. Incidental orders and directions may be made and given by 1 Judge

  1. In any civil appeal or in any civil proceeding before the Court of Appeal, any Judge of that court, sitting in chambers, may make such incidental orders and give such incidental directions as he thinks fit, not being an order or a direction that determines the appeal or disposes of any question or issue that is before the court in the appeal or proceeding.
  2. Every order or direction made or given by a Judge of the Court of Appeal under subsection (1) may be discharged or varied by any Judges of that court who together have jurisdiction, in accordance with section 58A or section 58B or section 58D, as the case may be, to hear and determine the proceeding.
  3. Any Judge of the Court of Appeal may review a decision of the Registrar made within the civil jurisdiction of the court under a power conferred on the Registrar by any rule of court, and may confirm, modify, or revoke that decision as he thinks fit.
  4. The provisions of this section shall apply notwithstanding anything in section 58.
  5. This section shall have effect from a date to be appointed by the Governor-General by Order in Council.

62. Power to remit proceedings to the High Court

The Court of Appeal shall have power to remit any proceedings in any cause pending before it to the High Court or a single Judge thereof.

63. Judgments of Court of Appeal may be enforced by the High Court

All judgments, decrees, and orders of the Court of Appeal may be enforced by the High Court as if they had been given or made by that court.

B. Civil jurisdiction

Subpart 1. Removal of proceedings from the High Court

64. Transfer of civil proceedings from High Court to Court of Appeal

  1. If the circumstances of a civil proceeding pending before the High Court are exceptional, the High Court may order that the proceeding be transferred to the Court of Appeal.
  2. Without limiting the generality of subsection (1), the circumstances of a proceeding may be exceptional if—
    1. a party to the proceeding intends to submit that a relevant decision of the Court of Appeal should be overruled by the Court of Appeal:
    2. the proceeding raises 1 or more issues of considerable public importance that need to be determined urgently, and those issues are unlikely to be determined urgently if the proceeding is heard and determined by both the High Court and the Court of Appeal:
    3. the proceeding does not raise any question of fact or any significant question of fact, but does raise 1 or more questions of law that are the subject of conflicting decisions of the High Court.
  3. In deciding whether to transfer a proceeding under subsection (1), a Judge must have regard to the following matters:
    1. the primary purpose of the Court of Appeal as an appellate court:
    2. the desirability of obtaining a determination at first instance and a review of that determination on appeal:
    3. whether a full court of the High Court could effectively determine the question in issue:
    4. whether the proceeding raises any question of fact or any significant question of fact:
    5. whether the parties have agreed to the transfer of the proceeding to the Court of Appeal:
    6. any other matter that the Judge considers that he or she should have regard to in the public interest.
  4. The fact that the parties to a proceeding agree to the transfer of the proceeding to the Court of Appeal is not in itself a sufficient ground for an order transferring the proceeding.
  5. If the High Court transfers a proceeding under subsection (1), the Court of Appeal has the jurisdiction of the High Court to hear and determine the proceeding.

65. Decision of Court of Appeal final as regards tribunals of New Zealand

[Repealed]

Subpart 2. Appeals from decisions of the High Court

Structure of the courts

66. Court may hear appeals from judgments and orders of the High Court

The Court of Appeal shall have jurisdiction and power to hear and determine appeals from any judgment, decree, or order save as hereinafter mentioned, of the High Court, subject to the provisions of this Act and to such rules and orders for regulating the terms and conditions on which such appeals shall be allowed as may be made pursuant to this Act.

Subpart 3. Appeals from inferior courts

67. Appeals against decisions of High Court on appeal

  1. The decision of the High Court on appeal from an inferior court is final, unless a party, on application, obtains leave to appeal against that decision—
    1. to the Court of Appeal; or
    2. directly to the Supreme Court (in exceptional circumstances as provided for in section 14 of the Supreme Court Act 2003).
  2. An application under subsection (1) for leave to appeal to the Court of Appeal must be made to the High Court or, if the High Court refuses leave, to the Court of Appeal.
  3. An application under subsection (1) for leave to appeal directly to the Supreme Court must be made to the Supreme Court.
  4. If leave to appeal referred to in subsection (1)(a) is obtained, the decision of the Court of Appeal on appeal from the High Court is final unless a party, on application, obtains leave to appeal against that decision to the Supreme Court.
  5. Subsections (1), (3), and (4) are subject to the Supreme Court Act 2003.

68. Direct appeal from decision of inferior courts

[Repealed]

C. Criminal jurisdiction

Subpart 1. Trial at bar

69. Trial at bar

  1. Where a bill of indictment has been found in the High Court, or any inquisition has been found, or any criminal information been granted against any person for any crime, if it appears to the High Court on affidavit on the part of the accused or of the prosecutor that the case is one of extraordinary importance or difficulty, and that it is desirable that it should be tried before the Judges at bar, the High Court may grant a rule nisi, and, if no sufficient cause is shown, may make the same absolute for the removal of such indictment, inquisition, or information, and the proceedings thereon, into the Court of Appeal, and for the trial of the same at bar at the next or other sitting of such Court of Appeal, and may direct that a special or common jury, as the High Court thinks fit, be summoned from such jury district as the court directs to serve upon such trial; and such proceedings, as nearly as may be, shall thereupon be had as upon a trial at bar in England.
  2. The Court of Appeal shall have the same jurisdiction, authority, and power in respect thereof as the Queen’s Bench Division of the High Court of Justice has in England in respect of a trial at bar.

Subpart 2. Appeals from convictions

[Repealed]

70. Appeal from judgment of Supreme Court on conviction

[Repealed]

D. Miscellaneous

71. Rules of practice

[Repealed]

72. Appointment of officers

There may from time to time be appointed under the State Sector Act 1988 such Registrars, Deputy Registrars, and other officers as may be required for the conduct of the business of the Court of Appeal.

73. Powers and duties of officers

All such Registrars and other officers shall have in respect of the Court of Appeal such powers and duties as are prescribed by rules made under this Act.

74. Court seal

The Court of Appeal shall have in the custody of the Registrar a seal for the sealing of writs, orders, decrees, office copies, certificates, reports, and other instruments issued by such Registrar and requiring to be sealed.

75. Power to fix fees

[Repealed]

Part 3. Rules and provisions of law in judicial matters generally

Subpart 1. Removal of technical defects

[Repealed]

76. Power to courts to amend mistakes and supply omissions in warrants, orders, etc

[Repealed]

Subpart 2. Limitation of actions

[Repealed]

77. Limitation of actions for merchants’ accounts

[Repealed]

78. Limitation not barred by claims subsequently arising

[Repealed]

79. Absence beyond seas or imprisonment of a creditor not to be a disability

[Repealed]

80. Period of limitation to run as to joint debtors in New Zealand, though some are beyond seas

[Repealed]

81. Judgment recovered against joint debtors in New Zealand to be no bar to proceeding against others beyond seas after their return

[Repealed]

82. Part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc

[Repealed]

Subpart 3. Sureties

83. Consideration for guarantee need not appear by writing

[Repealed]

84. A surety who discharges the liability to be entitled to assignment of all securities held by the creditor

Every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, pays or satisfies such debt or performs such duty shall be entitled to have assigned to him, or a trustee for him, every judgment, specialty, or other security held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security is or is not deemed at law to be satisfied by the payment of the debt or performance of the duty.

85. Rights of surety in such case

  1. Every such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any civil proceedings in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person paying or satisfying such debt or performing such duty.
  2. Such payment, satisfaction, or performance made by such surety shall not be pleadable in bar of any such action or other proceeding by him.

86. Rights of co-sureties, etc, as between themselves

A co-surety, co-contractor, or co-debtor shall not be entitled to recover from any other co-surety, co-contractor, or co-debtor by the means aforesaid more than the just proportion to which, as between those parties themselves, such last-mentioned person is justly liable.

Subpart 4. Interest on money

87. Interest on debts and damages

  1. In any proceedings in the High Court, the Court of Appeal, or the Supreme Court for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment:

    provided that nothing in this subsection shall—

    1. authorise the giving of interest upon interest; or
    2. apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise; or
    3. affect the damages recoverable for the dishonour of a bill of exchange.
  2. In any proceedings in the High Court, the Court of Appeal, or the Supreme Court for the recovery of any debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law or otherwise, there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as the court thinks fit for the period between the date as from which the interest became payable and the date of the judgment.
  3. In this section the term the prescribed rate means the rate of 7.5% per annum, or such other rate as may from time to time be prescribed for the purposes of this section by the Governor-General by Order in Council.

Subpart 5. Lost instruments

88. Actions on lost instruments

In case of any action founded on any negotiable instrument, the court may order that the loss of such instrument shall not be taken advantage of, provided an indemnity is given to the satisfaction of the court or a Registrar thereof against the claims of any other person upon such negotiable instrument.

Subpart 6. Continued exercise of powers by judicial officers

88A. Judicial officers to continue in office to complete proceedings

  1. A judicial officer whose term of office has expired or who has retired may continue in office for the purpose of determining, or giving judgment in, proceedings that the judicial officer has heard either alone or with others.
  2. A judicial officer must not continue in office under subsection (1) for longer than a month without the consent of the Minister of Justice.
  3. The fact that a judicial officer continues in office does not affect the power to appoint another person to that office.
  4. A judicial officer who continues in office is entitled to be paid the remuneration and allowances to which the officer would have been entitled if the term of office had not expired or the officer had not retired.
  5. In this section, judicial officer means a person who has in New Zealand authority under an enactment to hear, receive, and examine evidence.

Subpart 7. Miscellaneous provisions and rules of law

88B. Restriction on institution of vexatious actions

  1. If, on an application made by the Attorney-General under this section, the High Court is satisfied that any person has persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the High Court or in any inferior court, and whether against the same person or against different persons, the court may, after hearing that person or giving him an opportunity of being heard, order that no civil proceeding or no civil proceeding against any particular person or persons shall without the leave of the High Court or a Judge thereof be instituted by him in any court and that any civil proceeding instituted by him in any court before the making of the order shall not be continued by him without such leave.
  2. Leave may be granted subject to such conditions (if any) as the court or Judge thinks fit and shall not be granted unless the court or Judge is satisfied that the proceeding is not an abuse of the process of the court and that there is prima facie ground for the proceeding.
  3. No appeal shall lie from an order granting or refusing such leave.

89. Administration suits

[Repealed]

90. Stipulations not of the essence of contracts

Stipulations in contracts as to time or otherwise which would not, before 13 September 1882 (the date of the coming into force of the Law Amendment Act 1882), have been deemed to be or to have become the essence of such contracts in a court of equity shall receive in all courts the same construction and effect as they would have theretofore received in equity.

91. Damages by collision at sea

[Repealed]

92. Discharge of debt by acceptance of part in satisfaction

An acknowledgement in writing by a creditor, or by any person authorised by him in writing in that behalf, of the receipt of a part of his debt in satisfaction of the whole debt shall operate as a discharge of the debt, any rule of law notwithstanding.

93. Provisions of 9 Geo IV, c 14, ss 1 and 8, extended to acknowledgments by agents

[Repealed]

94. Judgment against one of several persons jointly liable not a bar to action against others

A judgment against 1 or more of several persons jointly liable shall not operate as a bar or defence to civil proceedings against any of such persons against whom judgment has not been recovered, except to the extent to which the judgment has been satisfied, any rule of law notwithstanding.

94A. Recovery of payments made under mistake of law

  1. Subject to the provisions of this section, where relief in respect of any payment that has been made under mistake is sought in any court, whether in civil proceedings or by way of defence, set off, counterclaim, or otherwise, and that relief could be granted if the mistake was wholly one of fact, that relief shall not be denied by reason only that the mistake is one of law whether or not it is in any degree also one of fact.
  2. Nothing in this section shall enable relief to be given in respect of any payment made at a time when the law requires or allows, or is commonly understood to require or allow, the payment to be made or enforced, by reason only that the law is subsequently changed or shown not to have been as it was commonly understood to be at the time of the payment.

94B. Payments made under mistake of law or fact not always recoverable

Relief, whether under section 94A or in equity or otherwise, in respect of any payment made under mistake, whether of law or of fact, shall be denied wholly or in part if the person from whom relief is sought received the payment in good faith and has so altered his position in reliance on the validity of the payment that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be.

95. Limitation of time within which wills may be impeached

[Repealed]

96. Jurisdiction as to costs in administration suits

[Repealed]

97. Court empowered to grant special relief in cases of encroachment

[Repealed]

98. Custody and education of infants

[Repealed]

98A. Proceedings in lieu of writs

  1. Where, immediately before the commencement of the Judicature Amendment Act (No 2) 1985,—
    1. the court had jurisdiction to grant any relief or remedy or do any other thing by way of writ, whether of prohibition, mandamus, certiorari, or any other description; or
    2. in any proceedings in the court for any relief or remedy any writ might have issued out of the court for the purpose of the commencement or conduct of the proceedings, or otherwise in relation to the proceedings, whether the writ might have issued pursuant to any rule or order of the court or of course,—

    then, after the commencement of that Act,—

    1. the court shall continue to have jurisdiction to grant that relief or remedy or to do that thing; but
    2. the court shall not issue any such writ; and
    3. the court shall grant that relief or remedy or do that thing by way of judgment or order under this Act and the High Court Rules; and
    4. proceedings for that relief or remedy or for the doing of that thing shall be in accordance with this Act and the High Court Rules.
  2. Subject to the High Court Rules, this section does not apply to—
    1. the writ of habeas corpus; or
    2. any writ of execution for the enforcement of a judgment or order of the court; or
    3. any writ in aid of any such writ of execution.

99. In cases of conflict rules of equity to prevail

Generally in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter the rules of equity shall prevail.

99A. Costs where intervener or counsel assisting court appears

  1. Where the Attorney-General or the Solicitor-General or any other person appears in any civil proceedings or in any proceedings on any appeal and argues any question of law or of fact arising in the proceedings, the court may, subject to the provisions of any other Act, make such order as it thinks just—
    1. as to the payment by any party to the proceedings of the costs incurred by the Attorney-General or the Solicitor-General in so doing; or
    2. as to the payment by any party to the proceedings or out of public funds of the costs incurred by any other person in so doing; or
    3. as to the payment by the Attorney-General or the Solicitor-General or that other person of any costs incurred by any of those parties by reason of his so doing.
  2. Where the court makes an order pursuant to subsection (1)(b), the Registrar of the court shall forward a copy of the order to the chief executive of the Ministry of Justice who shall make the payment out of money appropriated by Parliament for the purpose.

99B. Technical advisers

  1. The Court of Appeal or the Supreme Court may appoint a suitably qualified person (a technical adviser) to assist it by giving advice in an appeal in a proceeding involving a question arising from evidence relating to scientific, technical, or economic matters, or from other expert evidence, if the court is of the opinion that, in considering the evidence, it is desirable to have expert assistance.
  2. The technical adviser must give the advice in such manner as the court may direct during the course of the proceeding on any question referred to the technical adviser.
  3. Advice given by a technical adviser—
    1. is information provided to the court; and
    2. may be given such weight as the court thinks fit.
  4. [Repealed]

99C. Appointment and other matters

  1. A technical adviser may be appointed by the Court of Appeal on its own initiative or on the application of a party to the proceeding.
  2. A technical adviser may be removed from office by the Court of Appeal for disability affecting performance of duty, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the court.
  3. A technical adviser may resign office by notice in writing to the Court of Appeal.
  4. The remuneration of a technical adviser must—
    1. be fixed by the Court of Appeal; and
    2. include a daily fee for any day on which the technical adviser is required to assist the court.
  5. Civil or criminal proceedings may not be commenced against a technical adviser in relation to advice given to the Court of Appeal in good faith under section 99B.

99D. Procedure and rules relating to technical advisers

  1. The Court of Appeal may adopt any procedures and practices in relation to the advice of a technical adviser as it considers just, but those procedures and practices are subject to any rules referred to in subsection (2).
  2. Head of state powers, Advisory bodies to the head of state
    Rules may be made under section 51C relating to—
    1. the appointment of technical advisers, including (without limitation)—
      1. the information to be given to the parties to an appeal, before a technical adviser is appointed for the appeal,—
        1. about the persons who are considered suitable for appointment; and
        2. about the matters on which the assistance of the proposed technical adviser is to be sought:
      2. the submissions that those parties may make to the Court of Appeal about the proposed appoint- ment of a technical adviser and the assistance to be given by the technical adviser:
    2. the conduct of proceedings involving technical advisers.

100. Independent medical examination

  1. Where the physical or mental condition of a person who is a party to any civil proceedings is relevant to any matter in question in those proceedings, the High Court may order that that person submit himself to examination at a time and place specified in the order by 1 or more medical practitioners named in the order.
  2. A person required by an order under subsection (1) to submit to examination may have a medical practitioner chosen by that person attend that person’s examination.
  3. The court may order that the party seeking the order pay to the person to be examined a reasonable sum to meet that person’s travelling and other expenses of and incidental to the examination, including the expenses of having a medical practitioner chosen by that person attend that person’s examination.
  4. Where an order is made under subsection (1), the person required by that order to submit to examination shall do all things reasonably requested, and answer all questions reasonably asked of that person, by the medical practitioner for the purposes of the examination.
  5. If a person ordered under subsection (1) to submit to examination fails, without reasonable excuse, to comply with the order, or in any way obstructs the examination, the court may, on terms, stay the proceedings or strike out the pleading of that person.
  6. This section applies to the Crown and every department of the public service.
  7. Nothing in this section affects the provisions of the Workers’ Compensation Act 1956.

100A. Regulations

  1. Advisory bodies to the head of state, Head of state powers
    Notwithstanding anything in sections 51 and 51C, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
    1. prescribing the matters in respect of which fees are payable under this Act:
    2. prescribing scales of fees for the purposes of this Act and for the purposes of any proceedings before the High Court or the Court of Appeal, whether under this Act or any other enactment:
    3. prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies:
    4. in order to promote access to justice, empowering Registrars or Deputy Registrars of the High Court and the Court of Appeal to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria specified under paragraph (da) that—
      1. the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
      2. unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:
    5. prescribing, for the purposes of the exercise of a power under paragraph (d), the criteria—
      1. for assessing a person’s ability to pay a fee; and
      2. for identifying proceedings that concern matters of genuine public interest:
    6. empowering Registrars or Deputy Registrars of the High Court and the Court of Appeal to postpone the payment of a fee pending the determination of—
      1. an application for the exercise of a power specified in paragraph (d); or
      2. an application for review under section 100B:
    7. making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) include provision—
      1. for the recovery of the fee after the expiry of the period of postponement; and
      2. for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:
    8. providing for the manner in which an application for the exercise of a power specified in paragraph (d) or paragraph (db) is to be made, including, without limitation, requiring such an application to be in a form approved for the purpose by the chief executive of the Ministry of Justice:
    9. altering or revoking any rules relating to fees contained in the High Court Rules or the Court of Appeal Rules or any other rules of court.
  2. No fee is payable for an application for the exercise of a power specified in subsection (1)(d) or (db).

100B. Reviews of decisions of Registrars concerning fees

  1. Right to appeal judicial decisions
    Any person who is aggrieved by any decision of a Registrar or Deputy Registrar under regulations made under section 100A(d) may apply for a review,—
    1. in the case of a decision by the Registrar or a Deputy Registrar of the Court of Appeal, to a Judge of that court:
    2. in the case of a decision by a Registrar or Deputy Registrar of the High Court, to a Judge or an Associate Judge of that court.
  2. An application under subsection (1) may be made within 20 working days after the date on which the applicant is notified of the decision of the Registrar or Deputy Registrar, or within any further time that the Judge or Associate Judge allows on application made for that purpose either before or after the expiration of those 20 working days.
  3. Applications under this section may be made on an informal basis.
  4. Reviews under this section are—
    1. conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and
    2. dealt with on the papers, unless the Judge or Associate Judge directs otherwise.
  5. On dealing with an application for a review of a decision of a Registrar or Deputy Registrar, the Judge or Associate Judge may confirm, modify, or reverse the decision of the Registrar or the Deputy Registrar.
  6. No fee is payable for an application under this section.

101. Words imputing unchastity to women actionable without special damage

[Repealed]

Schedule 1. Enactments Consolidated

[Schedule 1 omitted due length - full text is available online at: http://www.legislation.govt.nz/act/public/1908/0089/latest/DLM147652.html?search=ts_act%40bill%40regulation%40deemedreg_judicature+act_resel_25_a&p=1]

Schedule 2. High Court Rules

[Schedule 2 omitted due length - full text is available online at: http://www.legislation.govt.nz/act/public/1908/0089/latest/DLM147653.html?search=ts_act%40bill%40regulation%40deemedreg_judicature+act_resel_25_a&p=1]

Schedule 3. Rules of the Court of Appeal

[Repealed]

Amendment Act 1. Judicature Amendment Act 1910

Public Act: 1920 No 27

Date of assent: 21 November 1910

Commencement: 21 November 1910

1. Short Title

This Act may be cited as the Judicature Amendment Act 1910, and shall form part of and be read together with the Judicature Act 1908.

3. Execution of instruments by order of the High Court

  1. Where any person neglects or refuses to comply with a judgment or order of the High Court or Court of Appeal directing him to execute any conveyance, contract, or other document, or to indorse any negotiable instrument, the High Court may, on such terms and conditions (if any) as may be just, order that such conveyance, contract, or other document shall be executed or that such negotiable instrument shall be indorsed by such person as the High Court may nominate for that purpose; and in such case the conveyance, contract, document, or instrument so executed or indorsed shall operate and be for all purposes available as if it had been executed or indorsed by the person originally directed to execute or indorse it.
  2. This section shall not affect any action or other proceeding already commenced in any court, or invalidate anything heretofore lawfully done, or validate anything already declared to be invalid in any proceedings heretofore taken in any court.

4. Court or Judge to have discretion in cases coming within paragraphs (c) and (d) of section 3 of the Imprisonment for Debt Limitation Act 1908

In any case coming within the exceptions specified in paragraphs (c) and (d) of section 3 of the Imprisonment for Debt Limitation Act 1908, or within either of those exceptions, any court or Judge making the order for payment, or having jurisdiction in the action or proceeding in which the order for payment is made, may inquire into the case, and (subject to the provisoes contained in the said section 3) may grant or refuse, either absolutely or upon terms, any application for a writ of attachment, or other process or order of arrest or imprisonment, and any application to stay the operation of any such writ, process, or order, or for discharge from arrest or imprisonment thereunder.

Amendment Act 2. Judicature Amendment Act 1952

Public Act: 1952 No 24

Date of assent: 16 October 1952

Commencement 16: October 1952

1. Short Title

This Act may be cited as the Judicature Amendment Act 1952, and shall be read together with and deemed part of the Judicature Act 1908 (hereinafter referred to as “the principal Act”).

2. Offices of the High Court

  1. Amendment(s) incorporated in the Act(s).
  2. Every office of the court heretofore established shall be deemed to have been lawfully established.

Amendment Act 3. Judicature Amendment Act 1972

Public Act: 1972 No 130

Date of assent: 20 October 1972

Commencement 20: October 1972

1. Short Title

This Act may be cited as the Judicature Amendment Act 1972, and shall be read together with and deemed part of the Judicature Act 1908 (hereinafter referred to as “the principal Act”).

Part 1. Single procedure for the judicial review of the exercise of or failure to exercise a statutory power

2. Relation to Part 1 of principal Act and commencement of this Part

  1. This Part shall be deemed part of Part 1 of the principal Act.
  2. This Part shall come into force on 1 January 1973.

3. Interpretation

In this Part, unless the context otherwise requires,—

  • application for review means an application under subsection (1) of section 4

    decision includes a determination or order

    licence includes any permit, warrant, authorisation, registration, certificate, approval, or similar form of authority required by law

    person includes a corporation sole, and also a body of persons whether incorporated or not; and, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power of decision, includes a District Court, the Compensation Court, the Maori Land Court, and the Maori Appellate Court

    Constitutionality of legislation

    statutory power means a power or right conferred by or under any Act or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate—

    1. to make any regulation, rule, bylaw, or order, or to give any notice or direction having force as subordinate legislation; or
    2. to exercise a statutory power of decision; or
    3. to require any person to do or refrain from doing any act or thing that, but for such requirement, he would not be required by law to do or refrain from doing; or
    4. to do any act or thing that would, but for such power or right, be a breach of the legal rights of any person; or
    5. to make any investigation or inquiry into the rights, powers, privileges, immunities, duties, or liabilities of any person

    statutory power of decision means a power or right conferred by or under any Act, or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate, to make a decision deciding or prescribing or affecting—

    1. the rights, powers, privileges, immunities, duties, or liabilities of any person; or
    2. the eligibility of any person to receive, or to continue to receive, a benefit or licence, whether he is legally entitled to it or not.

3A. Jurisdiction of Employment Court

This Part is subject to the provisions of the Employment Relations Act 2000 relating to the jurisdiction of the Employment Court and High Court in respect of applications for review or proceedings for a writ or order of, or in the nature of, mandamus, prohibition, certiorari, or for a declaration or injunction against any body constituted by, or any person acting pursuant to, the Employment Relations Act 2000.

Constitutionality of legislation, Ultra-vires administrative actions

4. Application for review

  1. On an application which may be called an application for review, the High Court may, notwithstanding any right of appeal possessed by the applicant in relation to the subject matter of the application, by order grant, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power, any relief that the applicant would be entitled to, in any 1 or more of the proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari or for a declaration or injunction, against that person in any such proceedings.
  2. Where on an application for review the applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is unauthorised or otherwise invalid, the court may, instead of making such a declaration, set aside the decision.
  3. Notwithstanding any rule of law to the contrary, it shall not be a bar to the grant of relief in proceedings for a writ or an order of or in the nature of certiorari or prohibition, or to the grant of relief on an application for review, that the person who has exercised, or is proposing to exercise, a statutory power was not under a duty to act judicially; but this subsection shall not be construed to enlarge or modify the grounds on which the court may treat an applicant as being entitled to an order of or in the nature of certiorari or prohibition under the foregoing provisions of this section.
  4. Where in any of the proceedings referred to in subsection (1) the court had, before the commencement of this Part, a discretion to refuse to grant relief on any grounds, it shall have the like discretion, on like grounds, to refuse to grant any relief on an application for review.
  5. Subsection (3) shall not apply to the discretion of the court, before the commencement of this Part, to refuse to grant relief in any of the said proceedings on the ground that the relief should have been sought in any other of the said proceedings.
  6. Without limiting the generality of the foregoing provisions of this section, on an application for review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision the court if it is satisfied that the applicant is entitled to relief under subsection (1), may, in addition to or instead of granting any other relief under the foregoing provisions of this section, direct any person whose act or omission is the subject matter of the application to reconsider and determine, either generally or in respect of any specified matters, the whole or any part of any matter to which the application relates. In giving any such direction the court shall—
    1. advise the person of its reasons for so doing; and
    2. give to him such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
  7. If the court gives a direction under subsection (5) it may make any order that it could make by way of interim order under section 8, and that section shall apply accordingly, so far as it is applicable and with all necessary modifications.
  8. Where any matter is referred back to any person under subsection (5), that person shall have jurisdiction to reconsider and determine the matter in accordance with the court’s direction notwithstanding anything in any other enactment.
  9. Where any matter is referred back to any person under subsection (5), the act or omission that is to be reconsidered shall, subject to any interim order made by the court under subsection (5A), continue to have effect according to its tenor unless and until it is revoked or amended by that person.
  10. In reconsidering any matter referred back to him under subsection (5) the person to whom it is so referred shall have regard to the court’s reasons for giving the direction and to the court’s directions.

5. Defects in form, or technical irregularities

On an application for review in relation to a statutory power of decision, where the sole ground of relief established is a defect in form or a technical irregularity, if the court finds that no substantial wrong or miscarriage of justice has occurred, it may refuse relief and, where the decision has already been made, may make an order validating the decision, notwithstanding the defect or irregularity, to have effect from such time and on such terms as the court thinks fit.

Constitutionality of legislation, Ultra-vires administrative actions

6. Disposal of proceedings for mandamus, prohibition, or certiorari

Where proceedings are commenced for a writ or order of or in the nature of mandamus, prohibition, or certiorari, in relation to the exercise, refusal to exercise, or proposed or purported exercise of a statutory power, the proceedings shall be treated and disposed of as if they were an application for review.

7. Disposal of proceedings for declaration or injunction

Where proceedings are commenced for a declaration or injunction, or both, whether with or without a claim for other relief, and the exercise, refusal to exercise, or proposed or purported exercise of a statutory power is an issue in the proceedings, the court on the application of any party to the proceedings may, if it considers it appropriate, direct that the proceedings be treated and disposed of, so far as they relate to that issue, as if they were an application for review.

8. Interim orders

  1. Subject to subsection (2), at any time before the final determination of an application for review, and on the application of any party, the court may, if in its opinion it is necessary to do so for the purpose of preserving the position of the applicant, make an interim order for all or any of the following purposes:
    1. prohibiting any respondent to the application for review from taking any further action that is or would be consequential on the exercise of the statutory power:
    2. prohibiting or staying any proceedings, civil or criminal, in connection with any matter to which the application for review relates:
    3. declaring any licence that has been revoked or suspended in the exercise of the statutory power, or that will expire by effluxion of time before the final determination of the application for review, to continue and, where necessary, to be deemed to have continued in force.
  2. Where the Crown is the respondent (or one of the respondents) to the application for review the court shall not have power to make any order against the Crown under paragraph (a) or paragraph (b); but, instead, in any such case the court may, by interim order,—
    1. declare that the Crown ought not to take any further action that is or would be consequential on the exercise of the statutory power:
    2. declare that the Crown ought not to institute or continue with any proceedings, civil or criminal, in connection with any matter to which the application for review relates.
  3. Any order under subsection (1) or subsection (2) may be made subject to such terms and conditions as the court thinks fit, and may be expressed to continue in force until the application for review is finally determined or until such other date, or the happening of such other event, as the court may specify.

9. Procedure

  1. Ultra-vires administrative actions, Constitutionality of legislation
    An application for review shall be made by motion accompanied by a statement of claim.
  2. Ultra-vires administrative actions, Constitutionality of legislation
    The statement of claim shall—
    1. state the facts on which the applicant bases his claim to relief:
    2. state the grounds on which the applicant seeks relief:
    3. state the relief sought.
  3. It shall not be necessary for the statement of claim to specify the proceedings referred to in section 4(1) in which the claim would have been made before the commencement of this Part.
  4. The person whose act or omission is the subject matter of the application for review, and, subject to any direction given by a Judge under section 10, every party to the proceedings (if any) in which any decision to which the application relates was made, shall be cited as a respondent.
  5. For the purposes of subsection (4), where the act or omission is that of a Judge, Registrar, or presiding officer of any court or tribunal,—
    1. that court or tribunal, and not that Judge, Registrar, or presiding officer, shall be cited as a respondent; but
    2. that Judge, Registrar, or presiding officer may file, on behalf of that court or tribunal, a statement of defence to the statement of claim.
  6. For the purposes of subsection (4), where the act or omission is that of any 2 or more persons acting together under a collective title, they shall be cited by their collective title.
  7. Subject to any direction given by a Judge under section 10, every respondent to the application for review shall file a statement of his defence to the statement of claim.
  8. Subject to this Part, the procedure in respect of any application for review shall be in accordance with rules of court.

10. Powers of Judge to call conference and give directions

  1. For the purpose of ensuring that any application or intended application for review may be determined in a convenient and expeditious manner, and that all matters in dispute may be effectively and completely determined, a Judge may at any time, either on the application of any party or intended party or without any such application, and on such terms as he thinks fit, direct the holding of a conference of parties or intended parties or their counsel presided over by a Judge.
  2. At any such conference the Judge presiding may—
    1. settle the issues to be determined:
    2. direct what persons shall be cited, or need not be cited, as respondents to the application for review, or direct that the name of any party be added or struck out:
    3. direct what parties shall be served:
    4. direct by whom and within what time any statement of defence shall be filed:
    5. require any party to make admissions in respect of questions of fact; and, if that party refuses to make an admission in respect of any such question, that party shall be liable to bear the costs of proving that question, unless the Judge by whom the application for review is finally determined is satisfied that the party’s refusal was reasonable in all the circumstances, and accordingly orders otherwise in respect of those costs:
    6. fix a time by which any affidavits or other documents shall be filed:
    7. fix a time and place for the hearing of the application for review:
    8. require further or better particulars of any facts, or of the grounds for relief, or of the relief sought, or of the grounds of defence, or of any other circumstances connected with the application for review:
    9. require any party to make discovery of documents, or permit any party to administer interrogatories:
    10. in the case of an application for review of a decision made in the exercise of a statutory power of decision, determine whether the whole or any part of the record of the proceedings in which the decision was made should be filed in court, and give such directions as he thinks fit as to its filing:
    11. exercise any powers of direction or appointment vested in the court or a Judge by its rules of court in respect of originating applications:
    12. give such consequential directions as may be necessary.
  3. Notwithstanding any of the foregoing provisions of this section, a Judge may, at any time before the hearing of an application for review has been commenced, exercise any of the powers specified in subsection (2) without holding a conference under subsection (1).
Right to appeal judicial decisions

11. Appeals

Any party to an application for review who is dissatisfied with any final or interlocutory order in respect of the application may appeal to the Court of Appeal; and section 66 of the principal Act shall apply to any such appeal.

13. This Part to bind the Crown

Subject to section 14, this Part shall bind the Crown.

14. Application of Crown Proceedings Act 1950

  1. Amendment(s) incorporated in the Act(s).
  2. In its application to the Crown, this Part shall be read subject to the Crown Proceedings Act 1950, as amended by subsection (1).

16. References in enactments

Subject to sections 14 and 15, every reference to any enactment (other than this Act), or in any regulation, to any of the proceedings referred to in subsection (1) of section 4 shall hereafter, unless the context otherwise requires, be read as including a reference to an application for review.

Part 2. Miscellaneous amendments

20. Sheriffs and Deputy Sheriffs

  1. Amendment(s) incorporated in the Act(s).
  2. Every person who at the commencement of this section holds office as Deputy Sheriff shall continue to hold that office as if he had been appointed pursuant to section 29 of the principal Act (as substituted by this section).
  3. This section shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council.

Amendment Act 4. Judicature Amendment Act 1997

Public Act: 1997 No 10

Date of assent: 22 May 1997

Commencement: see section 1(2)

1. Short Title

  1. This Act may be cited as the Judicature Amendment Act 1997, and is part of the Judicature Act 1908 (“the principal Act”).
  2. This Act comes into force on the date on which it receives the Royal assent.

4. Validations

  1. All persons who have, in the period beginning on 1 April 1988 and ending with the commencement of this Act, been appointed under the State Sector Act 1988 as Registrars, Deputy Registrars, ushers, Clerks, criers, or other officers of the High Court or the Court of Appeal are deemed to be, and to have always been, validly appointed to their respective offices.
  2. Where any person is deemed, by subsection (1), to have been validly appointed as an officer of the High Court, any action taken by that person, in his or her capacity as an officer of the High Court, in the period beginning on 1 April 1988 and ending with the commencement of this Act, is deemed to be, and to have always been, as valid as it would have been if that person had been validly appointed to the office in accordance with section 27 of the principal Act (in the form in which that section stood at the time of that person’s appointment).
  3. Where any person is deemed, by subsection (1), to have been validly appointed as an officer of the Court of Appeal, any action taken by that person in his or her capacity as an officer of the Court of Appeal, in the period beginning on 1 April 1988 and ending with the commencement of this Act, is deemed to be, and to have always been, as valid as it would have been if that person had been validly appointed to the office in accordance with section 72 of the principal Act (in the form in which that section stood at the time of that person’s appointment).

Treaty of Waitangi Act 1975

Motives for writing constitution

An Act to provide for the observance, and confirmation, of the principles of the Treaty of Waitangi by establishing a Tribunal to make recommendations on claims relating to the practical application of the Treaty and to determine whether certain matters are inconsistent with the principles of the Treaty

Motives for writing constitution

Preamble

Reference to country's history

Whereas on 6 February 1840 a Treaty was entered into at Waitangi between Her late Majesty Queen Victoria and the Maori people of New Zealand:

And whereas the text of the Treaty in the English language differs from the text of the Treaty in the Maori language:

And whereas it is desirable that a Tribunal be established to make recommendations on claims relating to the practical application of the principles of the Treaty and, for that purpose, to determine its meaning and effect and whether certain matters are inconsistent with those principles.

1. Short Title

This Act may be cited as the Treaty of Waitangi Act 1975.

2. Interpretation

In this Act, unless the context otherwise requires,—

  • historical Treaty claim means a claim made under section 6(1) that arises from or relates to an enactment referred to in section 6(1)(a) or (b) enacted, or to a policy or practice adopted or an act done or omitted by or on behalf of the Crown, before 21 September 1992

    Maori means a person of the Maori race of New Zealand; and includes any descendant of such a person

    private land means any land, or interest in land, held by a person other than—

    1. the Crown; or
    2. a Crown entity within the meaning of the Public Finance Act 1989

    submit, in relation to a historical Treaty claim, means submitted in accordance with a practice note made by the Tribunal under clause 5(10) of Schedule 2

    Treaty means the Treaty of Waitangi as set out in English and in Maori in Schedule 1

    Tribunal means the Waitangi Tribunal established under this Act.

3. Act to bind Crown

This Act shall bind the Crown.

4. Waitangi Tribunal

  1. There is hereby established a tribunal to be known as the Waitangi Tribunal.
  2. The Tribunal shall consist of—
    1. a Judge or retired Judge of the High Court or the Chief Judge of the Maori Land Court; and the Judge is both a member of the Tribunal and its Chairperson, and is appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice:
    2. not less than 2 other members and not more than 20 other members to be appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice.
  3. In considering the suitability of persons for appointment to the Tribunal, the Minister of Maori Affairs—
    1. shall have regard to the partnership between the 2 parties to the Treaty; and
    2. shall have regard not only to a person’s personal attributes but also to a person’s knowledge of and experience in the different aspects of matters likely to come before the Tribunal.
  4. The Chairperson of the Tribunal appointed under subsection (2)(a) holds office for such term not exceeding 5 years as the Governor-General specifies in the instrument appointing that Chairperson, and the Chairperson may from time to time be reappointed.
  5. Where the Chairperson of the Tribunal is the Chief Judge of the Maori Land Court and he or she ceases to hold office as Chief Judge during the term of his or her appointment as Chairperson, that person’s appointment as Chairperson also ceases at that time.
  6. Every member of the Tribunal appointed under subsection (2)(b) shall hold office for such term as the Governor-General shall specify in his or her appointment, being a term not exceeding 3 years, but may from time to time be reappointed.
  7. No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason of his being a member of the Tribunal.
  8. The Ministry of Justice shall furnish such secretarial, recording, and other services as may be necessary to enable the Tribunal to exercise its functions and powers.
  9. The provisions of Schedule 2 shall have effect in relation to the Tribunal and its proceedings.

4A. Deputy Chairperson

  1. The Chairperson of the Tribunal may from time to time appoint a Judge (including the Chief Judge) of the Maori Land Court as the deputy of the Chairperson of the Tribunal.
  2. In any case in which the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause or during any vacancy in the office of Chairperson, the deputy of the Chairperson of the Tribunal shall have and may exercise all the powers, functions, and duties of the Chairperson.
  3. No acts done by a person holding office as the deputy of the Chairperson of the Tribunal in that person’s capacity as such deputy, and no act done by the Tribunal while a deputy of the Chairperson of the Tribunal is acting as such deputy, shall in any proceedings be questioned on the ground that the occasion for the deputy’s so acting had not arisen or had ceased.

4B. Appointment of Judge not to affect tenure, etc

The appointment of a Judge as Chairperson, the deputy of the Chairperson, or as a member of the Tribunal, or service by that Judge as Chairperson, the deputy of the Chairperson, or a member of the Tribunal, does not affect the Judge’s tenure of the judicial office or the Judge’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge’s service as a member is service as a Judge.

5. Functions of Tribunal

  1. The functions of the Tribunal shall be—
    1. to inquire into and make recommendations upon, in accordance with this Act, any claim submitted to the Tribunal under section 6:
    2. to make recommendations, in accordance with section 8D, that land or interests in land be no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 212 of the Education Act 1989:
    3. to make any recommendation or determination that the Tribunal is required or empowered to make under Schedule 1 of the Crown Forest Assets Act 1989:
    4. to make recommendations in accordance with section 8HE that land, or any part of any land, that is subject to a Crown forestry licence under the Crown Forest Assets Act 1989, be no longer liable to be returned to Maori ownership under section 36 of that Act:
    5. to make recommendations in accordance with section 8D (as applied by section 8HJ) that land or any interest in land that, immediately before being vested in a Crown transferee company pursuant to section 6 of the New Zealand Railways Corporation Restructuring Act 1990, was land owned by the Crown or an interest owned by the Crown in land, be no longer subject to resumption under section 39 of that Act:
    6. to examine and report on, in accordance with section 8, any proposed legislation referred to the Tribunal under that section.
  2. Constitutional interpretation
    In exercising any of its functions under this section the Tribunal shall have regard to the 2 texts of the Treaty set out in Schedule 1 and, for the purposes of this Act, shall have exclusive authority to determine the meaning and effect of the Treaty as embodied in the 2 texts and to decide issues raised by the differences between them.

6. Jurisdiction of Tribunal to consider claims

  1. Constitutionality of legislation
    Where any Maori claims that he or she, or any group of Maoris of which he or she is a member, is or is likely to be prejudicially affected—
    1. by any ordinance of the General Legislative Council of New Zealand, or any ordinance of the Provincial Legislative Council of New Munster, or any provincial ordinance, or any Act (whether or not still in force), passed at any time on or after 6 February 1840; or
    2. by any regulations, order, proclamation, notice, or other statutory instrument made, issued, or given at any time on or after 6 February 1840 under any ordinance or Act referred to in paragraph (a); or
    3. by any policy or practice (whether or not still in force) adopted by or on behalf of the Crown, or by any policy or practice proposed to be adopted by or on behalf of the Crown; or
    4. by any act done or omitted at any time on or after 6 February 1840, or proposed to be done or omitted, by or on behalf of the Crown,—

    and that the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission, was or is inconsistent with the principles of the Treaty, he or she may submit that claim to the Tribunal under this section.

  2. Constitutionality of legislation
    The Tribunal must inquire into every claim submitted to it under subsection (1), unless—
    1. the claim is submitted contrary to section 6AA(1); or
    2. section 7 applies.
  3. Constitutionality of legislation
    If the Tribunal finds that any claim submitted to it under this section is well-founded it may, if it thinks fit having regard to all the circumstances of the case, recommend to the Crown that action be taken to compensate for or remove the prejudice or to prevent other persons from being similarly affected in the future.
  4. Constitutionality of legislation
    A recommendation under subsection (3) may be in general terms or may indicate in specific terms the action which, in the opinion of the Tribunal, the Crown should take.
  5. Subject to sections 8A to 8I, the Tribunal shall not recommend under subsection (3),—
    1. the return to Maori ownership of any private land; or
    2. the acquisition by the Crown of any private land.
  6. The Tribunal shall cause a sealed copy of its findings and recommendation (if any) with regard to any claim to be served on—
    1. the claimant:
    2. the Minister of Maori Affairs and such other Ministers of the Crown as in the opinion of the Tribunal have an interest in the claim:
    3. such other persons as the Tribunal thinks fit.
  7. Nothing in this section shall confer any jurisdiction on the Tribunal in respect of any Bill that has been introduced into the House of Representatives unless the Bill has been referred to the Tribunal pursuant to section 8.
  8. Notwithstanding anything in this Act or any other Act or rule of law, on and from the commencement of this subsection the Tribunal shall not have jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—
    1. commercial fishing or commercial fisheries (within the meaning of the Fisheries Act 1983); or
    2. the Deed of Settlement between the Crown and Maori dated 23 September 1992; or
    3. any enactment, to the extent that it relates to such commercial fishing or commercial fisheries.
  9. Despite anything in this Act or in any other Act or rule of law,—
    1. the jurisdiction of the Tribunal is subject to the enactments listed in Schedule 3; and
    2. without limiting paragraph (a), the Tribunal does not have jurisdiction, in relation to licensed land (within the meaning of the Crown Forest Assets Act 1989) in the takiwā of Ngāi Tahu Whānui, to make a recommendation for compensation or for the return of the land to Māori ownership.
  10. [Repealed]
  11. [Repealed]
  12. [Repealed]
  13. [Repealed]
  14. [Repealed]
  15. [Repealed]
  16. [Repealed]
  17. [Repealed]
  18. [Repealed]
  19. [Repealed]
  20. [Repealed]
  21. [Repealed]
  22. [Repealed]
  23. [Repealed]
  24. [Repealed]
  25. [Repealed]
  26. [Repealed]
  27. [Repealed]
  28. [Repealed]
  29. [Repealed]
  30. [Repealed]
  31. [Repealed]
  32. [Repealed]
  33. [Repealed]

6AA. Limitation of Tribunal’s jurisdiction in relation to historical Treaty claims

  1. Despite section 6(1), after 1 September 2008 no Maori may—
    1. submit a claim to the Tribunal that is, or includes, a historical Treaty claim; or
    2. amend a claim already submitted to the Tribunal that is not, or does not include, a historical Treaty claim by including a historical Treaty claim.
  2. However, subsection (1) does not prevent a historical Treaty claim submitted to the Tribunal on or before 1 September 2008 from being amended in any way after 1 September 2008.
  3. The Tribunal does not have jurisdiction (including, but not limited to, the jurisdiction to inquire or further inquire into, or to make any finding or recommendation) in respect of a historical Treaty claim that is—
    1. submitted contrary to subsection (1)(a); or
    2. included in a claim contrary to subsection (1)(b).
  4. To avoid doubt, if a claim is submitted to the Tribunal contrary to subsection (1), it must be treated for all purposes (including, for example, for the purposes of sections 8A(2), 8C(1), 8HB(1), 8HD(1), and 8HJ) as not having been submitted.
Structure of the courts

6A. Power of Tribunal to state case for Maori Appellate Court or Maori Land Court

  1. Where a question of fact,—
    1. concerning Maori custom or usage; and
    2. relating to the rights of ownership by Maori of any particular land or fisheries according to customary law principles of “take” and occupation or use; and
    3. calling for the determination, to the extent practicable, of Maori tribal boundaries, whether of land or fisheries,—

    arises in proceedings before the Tribunal, the Tribunal may refer that question to the Maori Appellate Court for decision.

  2. Where a question relating to the Maori or group of Maori to whom any land or any part of any land or any interest in land is to be returned pursuant to a recommendation under section 8A(2)(a) arises in proceedings before the Tribunal, the Tribunal may refer that question to the Maori Land Court for decision.
  3. Any question referred to the Maori Appellate Court under subsection (1) or to the Maori Land Court under subsection (2) shall be in the form of a special case to be drawn up by the parties (if any) to the proceedings and, if the parties do not agree, or if there are no parties, to be settled by the Tribunal.
  4. The Maori Appellate Court shall have jurisdiction—
    1. to decide any question referred to it under subsection (1); and
    2. to hear and determine any appeal against any decision of the Maori Land Court on any question referred to that court under subsection (2).
  5. The Maori Land Court shall have jurisdiction to decide any question referred to it under subsection (2).
  6. The decision of the Maori Appellate Court on any question referred to it under subsection (1) and on any appeal determined by it pursuant to subsection (4)(b) shall be binding on the Tribunal.
  7. Subject to subsection (8), the decision of the Maori Land Court on any question referred to it under subsection (2) shall be binding on the Tribunal.
  8. An appeal may be brought under section 58 of Te Ture Whenua Maori Act 1993 against any decision of the Maori Land Court on a question referred to it under subsection (2); and section 58 of Te Ture Whenua Maori Act 1993 shall apply in relation to any such appeal as if that decision were a final order of the Maori Land Court.
  9. The Maori Appellate Court shall inform the Waitangi Tribunal of the decision of the Maori Appellate Court on—
    1. any question referred to it under subsection (1); and
    2. any appeal brought against any decision made by the Maori Land Court on any question referred to it under subsection (2).
  10. The Maori Land Court shall inform the Waitangi Tribunal of—
    1. the decision of the Maori Land Court on any question referred to it under subsection (2); and
    2. the bringing of any appeal under subsection (8).

7. Tribunal may refuse to inquire into claim

  1. The Tribunal may in its discretion decide not to inquire into, or, as the case may require, not to inquire further into, any claim made under section 6 if in the opinion of the Tribunal—
    1. the subject matter of the claim is trivial; or
    2. the claim is frivolous or vexatious or is not made in good faith; or
    3. there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to the Ombudsman, which it would be reasonable for the person alleged to be aggrieved to exercise.
  2. The Tribunal may, from time to time, for sufficient reason, defer, for such period or periods as it thinks fit, its inquiry into any claim made under section 6.
  3. In any case where the Tribunal decides not to inquire into or further inquire into a claim or to defer its inquiry into any claim, it shall cause the claimant to be informed of that decision, and shall state its reasons therefor.

8. Jurisdiction of Tribunal to consider proposed legislation

  1. Constitutionality of legislation
    The Tribunal shall examine any proposed legislation referred to it under subsection (2) and shall report whether, in its opinion, the provisions of the proposed legislation or any of them are contrary to the principles of the Treaty.
  2. Proposed legislation may be referred to the Tribunal—
    1. in the case of a Bill before the House of Representatives, by resolution of the House:
    2. in the case of any proposed regulations or Order in Council, by any Minister of the Crown.
  3. The Tribunal’s report shall be given—
    1. in the case of a Bill, to the Speaker of the House:
    2. in every other case, to the person or body who referred the proposed regulations or Order in Council to the Tribunal.
  4. A copy of every report made by the Tribunal under this section shall be given by the Tribunal to the Minister of Maori Affairs and shall be laid before the House of Representatives as soon as practicable.

8A. Recommendations in respect of land transferred to or vested in State enterprise

  1. This section applies in relation to—
    1. any land or interest in land transferred to a State enterprise under section 23 of the State-Owned Enterprises Act 1986 or vested in a State enterprise by a notice in the Gazette under section 24 of that Act or by an Order in Council made under section 28 of that Act, whether or not the land or interest in land is still vested in a State enterprise:
    2. any land or interest in land transferred to an institution within the meaning of section 159 of the Education Act 1989 under section 207 of that Act or vested in such an institution by an Order in Council made under section 215 of that Act, whether or not the land or interest in land is still vested in that institution.
  2. Subject to section 8B, where a claim submitted to the Tribunal under section 6 relates in whole or in part to land or an interest in land to which this section applies, the Tribunal may—
    1. if it finds—
      1. that the claim is well-founded; and
      2. that the action to be taken under section 6(3) to compensate for or remove the prejudice caused by the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission that was inconsistent with the principles of the Treaty, should include the return to Maori ownership of the whole or part of that land or of that interest in land,—

      include in its recommendation under section 6(3), a recommendation that that land or that part of that land or that interest in land be returned to Maori ownership (which recommendation shall be on such terms and conditions as the Tribunal considers appropriate and shall identify the Maori or group of Maori to whom that land or that part of that land or that interest in land is to be returned); or

    2. if it finds—
      1. that the claim is well-founded; but
      2. that a recommendation for return to Maori ownership is not required, in respect of that land or any part of that land or that interest in land, by paragraph (a)(ii),—

      recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that that land or that part of that land or that interest in land be no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 212 of the Education Act 1989; or

    3. if it finds that the claim is not well-founded, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that that land or that part of that land or that interest in land be no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 212 of the Education Act 1989.
  3. In deciding whether to recommend the return to Maori ownership of any land or interest in land to which this section applies, the Tribunal shall not have regard to any changes that, since immediately before the date of the transfer of the land or interest in land from the Crown to a State enterprise, or an institution within the meaning of section 159 of the Education Act 1989, have taken place in—
    1. the condition of the land or of the land in which the interest exists and any improvements to it; or
    2. its ownership or possession or any other interests in it.
  4. Nothing in subsection (2) prevents the Tribunal making in respect of any claim that relates in whole or in part to any land or interest in land to which this section applies any other recommendation under subsection (3) or subsection (4) of section 6.
  5. Notwithstanding section 24(4) of the State-Owned Enterprises Act 1986, on the making of a recommendation for the return of any land or interest in land to Maori ownership under subsection (2), sections 40 and 41 of the Public Works Act 1981 shall cease to apply in relation to that land or that interest in land.
  6. Where any interest in land exists in respect of any land to which this section applies being—
    1. an interest in land which was in existence immediately before the land was transferred to the State enterprise under section 23 of the State-Owned Enterprises Act 1986 or vested in the State enterprise by a notice in the Gazette under section 24 of that Act or by an Order in Council made under section 28 of that Act but which was not so transferred to or vested in the State enterprise; or
    2. an interest in land which was in existence immediately before the land was transferred to an institution within the meaning of section 159 of the Education Act 1989 under section 207 of that Act or vested in such an institution by an Order in Council made under section 215 of that Act but which was not so transferred to or vested in the institution,—

    as the case may be, no recommendation under this section shall relate to that interest in land.

8B. Interim recommendations in respect of land transferred to or vested in State enterprise

  1. Where the recommendations made by the Tribunal include a recommendation made under section 8A(2)(a) or section 8A(2)(b), all of those recommendations shall be in the first instance interim recommendations.
  2. The Tribunal shall cause copies of its interim findings and interim recommendations to be served on the parties to the inquiry.
  3. Subject to subsection (5), the Tribunal shall not, without the written consent of the parties, confirm any interim recommendations that include a recommendation made under section 8A(2)(a) or section 8A(2)(b), until at least 90 days after the date of the making of the interim recommendations.
  4. Where any party to the inquiry is served with a copy of any interim recommendations that include a recommendation made under section 8A(2)(a) or section 8A(2)(b), that party—
    1. may, within 90 days after the date of the making of the interim recommendations, offer to enter into negotiations with the other party for the settlement of the claim; and
    2. shall, within 90 days after the date of the making of the interim recommendations, inform the Tribunal—
      1. whether the party accepts or has implemented the interim recommendations; and
      2. if the party has made an offer under paragraph (a), the result of that offer.
  5. If, before the confirmation of any interim recommendations that include a recommendation made under section 8A(2)(a) or section 8A(2)(b), the claimant and the Minister of Maori Affairs settle the claim, the Tribunal shall, as the case may require, cancel or modify the interim recommendations and may make, if necessary, a final recommendation under section 8A(2)(a) or section 8A(2)(b).
  6. If subsection (5) does not apply in relation to any interim recommendations that include a recommendation made under section 8A(2)(a) or section 8A(2)(b), upon the expiration of the 90th day after the date of the making of the interim recommendations, the interim recommendations shall take effect as final recommendations.
  7. Notwithstanding anything in subsections (1) to (6), if any interim recommendations contain a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the Tribunal or not, or if any interim recommendations are so drawn up as not to express what was actually decided and intended, the interim recommendations may be corrected by the Tribunal, either of its own motion or on the application of any party.
  8. Where the interim recommendations are corrected under subsection (7),—
    1. the Tribunal shall cause copies of the corrected interim recommendations to be served on the parties to the inquiry as soon as practicable; and
    2. the period that applies for the purposes of subsections (3), (4), and (6) shall expire on the 90th day after the date of the making of the corrected interim recommendations.

8C. Right to be heard on question in relation to land transferred to or vested in State enterprise

  1. Where, in the course of any inquiry into a claim submitted to the Tribunal under section 6, any question arises in relation to any land or interest in land to which section 8A applies, the only persons entitled to appear and be heard on that question shall be—
    1. the claimant:
    2. the Minister of Maori Affairs:
    3. any other Minister of the Crown who notifies the Tribunal in writing that he or she wishes to appear and be heard:
    4. any Maori who satisfies the Tribunal that he or she, or any group of Maori of which he or she is a member, has an interest in the inquiry apart from any interest in common with the public.
  2. Notwithstanding anything in clause 7 of Schedule 2 or in section 4A of the Commissions of Inquiry Act 1908 (as applied by clause 8 of Schedule 2), no person other than a person designated in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) shall be entitled to appear and be heard on a question to which subsection (1) applies.
  3. Nothing in subsection (2) affects the right of any person designated in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of subsection (1) to appear, with the leave of the Tribunal, by—
    1. a barrister or solicitor of the High Court; or
    2. any other agent or representative authorised in writing.

8D. Special power of Tribunal to recommend that land be no longer liable to resumption

  1. The Tribunal may, in its discretion, on the application of a State enterprise or other owner of any land or interest in land to which section 8A applies, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that the whole or part of that land or that that interest in land be no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 212 of the Education Act 1989 if—
    1. public notice has been given, in accordance with section 8G, of the making of an application under this section in respect of that land or interest in land; and
    2. either—
      1. no claim in relation to that land or interest in land has been submitted to the Tribunal under section 6 before the date specified in the notice; or
      2. all the parties to any claim submitted to the Tribunal under section 6 in relation to that land or interest in land have informed the Tribunal in writing that they consent to the making of the recommendation.
  2. The Tribunal may make a recommendation pursuant to subsection (1)(b)(ii) without being obliged to determine first whether or not the claim is well-founded.
  3. The Tribunal may, where it considers it appropriate, consult with a Judge of the Maori Land Court about—
    1. the directions to be given under section 8F; or
    2. the public notice to be given under section 8G,—

    in relation to any application under this section.

8E. Issue of certificate on recommendation of Tribunal

  1. The Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall, on receiving in respect of any land or interest in land a recommendation under—
    1. section 8A(2)(a) or section 8A(2)(b) or section 8A(2)(c); or
    2. section 8D(1),—

    issue a certificate to the effect that the land or interest in land is no longer subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 212 of the Education Act 1989.

  2. Where the land or the land in which the interest in land exists is subject to the Land Transfer Act 1952, the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall cause a copy of the certificate to be lodged with the District Land Registrar of the land registration district within which the land is situated.
  3. The District Land Registrar shall, without fee,—
    1. register the certificate against the certificate of title to the land or interest in land; and
    2. take all steps necessary to discharge or cancel any memorials or entries showing that the land or interest in land is subject to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 212 of the Education Act 1989.
  4. Where—
    1. the land or the land in which the interest in land exists is not subject to the Land Transfer Act 1952; and
    2. instruments relating to the land or the interest in land are not registerable under the Deeds Registration Act 1908,—

    the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall cause a copy of the certificate to be lodged in the office of the Surveyor-General, and the Surveyor-General shall note the certificate upon the proper plans and records of the district affected.

8F. Directions as to service

  1. Where an application is made under section 8D, the applicant shall apply to the Tribunal ex parte for directions as to service.
  2. The applicant shall furnish with the application under this section a description of the land or interest in land to which the application under section 8D relates, which description—
    1. shall include a full legal description of the land or interest in land; and
    2. shall be sufficient to enable the Tribunal to decide which persons may be adversely affected by the making, under section 8D, of the recommendation sought.
  3. The application under this section—
    1. shall specify the directions considered appropriate; and
    2. shall be accompanied by a memorandum—
      1. by the applicant’s solicitor or counsel; or
      2. by any other agent or representative authorised in writing by the applicant,—

    giving the reasons for the directions considered appropriate.

  4. On an application under this section the Tribunal shall give such directions for service as it deems proper.

8G. Public notice

  1. Where an application is made under section 8D, the applicant shall, in addition to complying with the directions given under section 8F(4), give, in accordance with the directions of the Tribunal, public notice of the application.
  2. The public notice shall be published both—
    1. in the Gazette; and
    2. in such newspapers circulating in the district in which the land or interest in land is situated as the Tribunal directs.
  3. The public notice shall—
    1. describe the land or interest in land and its location; and
    2. state that an application has been made under section 8D in respect of the land or interest in land; and
    3. indicate that—
      1. the land or interest in land has been or was transferred to a State enterprise under section 23 of the State-Owned Enterprises Act 1986 or vested in a State enterprise by a notice in the Gazette under section 24 of that Act or by an Order in Council made under section 28 of that Act; or
      2. the land or interest in land has been or was transferred to an institution within the meaning of section 159 of the Education Act 1989 under section 207 of that Act or vested in such an institution by an Order in Council made under section 215 of that Act— as the case may be.
    4. invite any Maori who considers that he or she, or any group of Maori of which he or she is a member, has grounds for a claim under section 6 in relation to the land or interest in land, to submit that claim to the Tribunal before a date specified in the notice (which date shall be not less than 90 days after the first or only publication of the notice in the Gazette ); and
    5. describe briefly any claims already submitted under section 6 in respect of the land or interest in land; and
    6. where no claim has been submitted under section 6 in respect of the land or interest in land, state that if no claim in relation to the land or interest in land is submitted to the Tribunal under section 6 before the date specified in the notice, the Tribunal may recommend that the land or interest in land be no longer liable to resumption under section 27B of the State-Owned Enterprises Act 1986 or section 212 of the Education Act 1989; and
    7. contain such other information as the Tribunal directs.

8H. Service of decision

The Tribunal shall cause a sealed copy of its decision and recommendation (if any) with regard to any application under section 8D to be served on—

  1. the applicant; and
  2. the Minister within the meaning of section 4 of the Cadastral Survey Act 2002; and
  3. the Minister of Maori Affairs; and
  4. such other persons as the Tribunal thinks fit.

Subpart 1. Recommendations in relation to Crown forest land

8HA. Interpretation of certain terms

For the purposes of sections 8HB to 8HI, the expressions Crown forestry assets, Crown forest land, Crown forestry licence, and licensed land shall have the same meanings as they have in section 2 of the Crown Forest Assets Act 1989.

8HB. Recommendations of Tribunal in respect of Crown forest land

  1. Subject to section 8HC, where a claim submitted to the Tribunal under section 6 relates to licensed land the Tribunal may,—
    1. if it finds—
      1. that the claim is well-founded; and
      2. that the action to be taken under section 6(3) to compensate for or remove the prejudice caused by the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission that was inconsistent with the principles of the Treaty of Waitangi, should include the return to Maori ownership of the whole or part of that land,—

      include in its recommendation under section 6(3) a recommendation that the land or that part of that land be returned to Maori ownership (which recommendation shall be on such terms and conditions as the Tribunal considers appropriate and shall identify the Maori or group of Maori to whom that land or that part of that land is to be returned); or

    2. if it finds—
      1. that the claim is well-founded; but
      2. that a recommendation for return to Maori ownership is not required, in respect of that land or any part of that land by paragraph (a)(ii),—

      recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that that land or that part of that land not be liable to return to Maori ownership; or

    3. if it finds that the claim is not well-founded, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that that land or that part of that land not be liable to return to Maori ownership.
  2. In deciding whether to recommend the return to Maori ownership of any licensed land, the Tribunal shall not have regard to any changes that have taken place in—
    1. the condition of the land and any improvements to it; or
    2. its ownership or possession or any other interests in it— that have occurred after or by virtue of the granting of any Crown forestry licence in respect of that land.
  3. Nothing in subsection (1) prevents the Tribunal making in respect of any claim that relates in whole or in part to licensed land any other recommendation under subsection (3) or subsection (4) of section 6; except that in making any other recommendation the Tribunal may take into account payments made, or to be made, by the Crown by way of compensation in relation to the land pursuant to section 36 and Schedule 1 of the Crown Forest Assets Act 1989.
  4. On the making of a recommendation for the return of any land to Maori ownership under subsection (1), sections 40 to 42 of the Public Works Act 1981 shall cease to apply in relation to that land.

8HC. Interim recommendations in respect of Crown forest land

  1. Where the recommendations made by the Tribunal include a recommendation made under section 8HB(1)(a) or section 8HB(1)(b), all of those recommendations shall be in the first instance interim recommendations.
  2. The Tribunal shall cause copies of its interim findings and interim recommendations to be served on the parties to the inquiry.
  3. Subject to subsection (5), the Tribunal shall not, without the written consent of the parties, confirm any interim recommendations that include a recommendation made under section 8HB(1)(a) or section 8HB(1)(b), until at least 90 days after the date of the making of the interim recommendations.
  4. Where any party to the inquiry is served with a copy of any interim recommendations that include a recommendation made under section 8HB(1)(a) or section 8HB(1)(b), that party—
    1. may, within 90 days after the date of the making of the interim recommendations, offer to enter into negotiations with the other party for the settlement of the claim; and
    2. shall, within 90 days after the date of the making of the interim recommendations, inform the Tribunal—
      1. whether the party accepts or has implemented the interim recommendations; and
      2. if the party has made an offer under paragraph (a), the result of that offer.
  5. If, before the confirmation of any interim recommendations that include a recommendation made under section 8HB(1)(a) or section 8HB(1)(b), the claimant and the Minister of Maori Affairs settle the claim, the Tribunal shall, as the case may require, cancel or modify the interim recommendations and may make, if necessary, a final recommendation under section 8HB(1)(a) or section 8HB(1)(b).
  6. If subsection (5) does not apply in relation to any interim recommendations that include a recommendation made under section 8HB(1)(a) or section 8HB(1)(b), upon the expiration of the 90th day after the date of the making of the interim recommendations, the interim recommendations shall become final recommendations.
  7. Notwithstanding anything in subsections (1) to (6), if any interim recommendations contain a clerical mistake or an error arising from any accidental slip or omission, whether the mistake, error, slip, or omission was made by an officer of the Tribunal or not, or if any interim recommendations are so drawn up as not to express what was actually decided and intended, the interim recommendations may be corrected by the Tribunal, either of its own motion or on the application of any party.
  8. Where the interim recommendations are corrected under subsection (7),—
    1. the Tribunal shall cause copies of the corrected interim recommendations to be served on the parties to the inquiry as soon as practicable; and
    2. the period that applies for the purposes of subsections (3), (4), and (6) shall expire on the 90th day after the date of the making of the corrected interim recommendations.

8HD. Right to be heard on question in relation to Crown forest land

  1. Where, in the course of any inquiry into a claim submitted to the Tribunal under section 6 any question arises in relation to licensed land, the only persons entitled to appear and be heard on that question shall be—
    1. the claimant:
    2. the Minister of Maori Affairs:
    3. any other Minister of the Crown who notifies the Tribunal in writing that he or she wishes to appear and be heard:
    4. any Maori who satisfies the Tribunal that he or she, or any group of Maori of which he or she is a member, has an interest in the inquiry apart from any interest in common with the public.
  2. Notwithstanding anything in clause 7 of Schedule 2 or in section 4A of the Commissions of Inquiry Act 1908 (as applied by clause 8 of Schedule 2), no person other than a person designated in any of paragraphs (a) to (d) of subsection (1) shall be entitled to appear and be heard on a question to which subsection (1) applies.
  3. Nothing in subsection (2) affects the right of any person designated in any of paragraphs (a) to (d) of subsection (1) to appear, with the leave of the Tribunal, by—
    1. a barrister or solicitor of the High Court; or
    2. any other agent or representative authorised in writing.

8HE. Special power of Tribunal to recommend that land not be liable to be returned to Maori ownership

  1. The Tribunal may, in its discretion, on the application of any Minister of the Crown or any licensee of Crown forest land, recommend to the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 that the whole or part of any licensed land not be liable to be returned to Maori ownership if—
    1. public notice has been given, in accordance with section 8HH, of the making of an application under this section in respect of that land; and
    2. either—
      1. no claim in relation to that land has been submitted to the Tribunal under section 6 before the date specified in the notice; or
      2. all the parties to any claim submitted to the Tribunal under section 6 in relation to that land have informed the Tribunal in writing that they consent to the making of the recommendation.
  2. The Tribunal may make a recommendation pursuant to subsection (1)(b)(ii) without being obliged to determine first whether or not the claim is well-founded.
  3. The Tribunal may, where it considers it appropriate, consult with a Judge of the Maori Land Court about—
    1. the directions to be given under section 8HG; or
    2. the public notice to be given under section 8HH,—

    in relation to any application under this section.

8HF. Issue of certificate on recommendation of Tribunal

  1. The Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall, on receiving in respect of any licensed land a recommendation under section 8HB or section 8HE, issue a certificate to the effect that the land is not liable to be returned to Maori ownership.
  2. Where the licensed land is subject to the Land Transfer Act 1952 or where the Crown forestry licence is registered pursuant to section 30 of the Crown Forest Assets Act 1989, the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall cause a copy of the certificate to be lodged with the District Land Registrar of the land registration district within which the land is situated.
  3. The District Land Registrar shall, without fee, register the certificate against the certificate of title to the land or endorse a memorial on the copy of the Crown forestry licence, as the case may be.
  4. Where—
    1. the land is not subject to the Land Transfer Act 1952; and
    2. a copy of the Crown forestry licence has not been registered pursuant to section 30 of the Crown Forest Assets Act 1989; and
    3. instruments relating to the land are not registrable under the Deeds Registration Act 1908,—

    the Minister within the meaning of section 4 of the Cadastral Survey Act 2002 shall cause a copy of the certificate to be lodged in the office of the Surveyor-General for the district in which the land is situated, and the Surveyor-General shall note the certificate on the plans and records relating to the land.

8HG. Directions as to service

  1. Where an application is made under section 8HE, the applicant shall apply to the Tribunal ex parte for directions as to service.
  2. The applicant shall furnish with the application under this section a description of the land to which the application under section 8HE relates, which description—
    1. shall include a full legal description of the land; and
    2. shall be sufficient to enable the Tribunal to decide which persons may be adversely affected by the making, under section 8HE, of the recommendation sought.
  3. The application under this section—
    1. shall specify the directions considered appropriate; and
    2. shall be accompanied by a memorandum by or on behalf of the applicant giving the reasons for the directions considered appropriate.
  4. On an application being made under this section the Tribunal shall give such directions for service as it deems proper.

8HH. Public notice

  1. Where an application is made under section 8HE, the applicant shall, in addition to complying with the directions given under section 8HG, give, in accordance with the directions of the Tribunal, public notice of the application.
  2. The public notice shall be published both—
    1. in the Gazette; and
    2. in such newspapers circulating in the district in which the land is situated as the Tribunal directs.
  3. The public notice shall—
    1. describe the land and its location; and
    2. state that an application has been made under section 8HE in respect of the land; and
    3. indicate the land is Crown forest land that is subject to a Crown forestry licence; and
    4. invite any Maori who considers that he or she, or any group of Maori of which he or she is a member, has grounds for a claim under section 6 in relation to the land, to submit that claim to the Tribunal before a date specified in the notice (which date shall be not less than 90 days after the first or only publication of the notice in the Gazette); and
    5. describe briefly any claims already submitted under section 6 in respect of the land; and
    6. where no claim has been submitted under section 6 in respect of the land, state that if no claim in relation to the land is submitted to the Tribunal under that section before the date specified in the notice, the Tribunal may recommend that the land not be liable to be returned to Maori ownership and the effect of any such recommendation; and
    7. contain such other information as the Tribunal directs.

8HI. Service of decision

The Tribunal shall cause a sealed copy of its decision and recommendations (if any) with regard to any application under section 8HE to be served on—

  1. the applicant; and
  2. the Minister within the meaning of section 4 of the Cadastral Survey Act 2002; and
  3. the Minister of Maori Affairs; and
  4. the Minister for State Owned Enterprises and the Minister of Finance; and
  5. such other persons as the Tribunal thinks fit.

Subpart 2. Recommendations in relation to land vested under New Zealand Railways Corporation Restructuring Act 1990

8HJ. Claims relating to land vested under New Zealand Railways Corporation Restructuring Act 1990

In respect of every claim submitted to the Tribunal under section 6 that relates in whole or in part to land or an interest in land that, immediately before being vested in a Crown transferee company pursuant to section 6 of the New Zealand Railways Corporation Restructuring Act 1990, was land owned by the Crown or an interest owned by the Crown in land, whether or not the land or interest in land is still vested in that company, the provisions of sections 8A to 8H shall apply with such modifications as may be necessary and, in particular, as if—

  1. the reference in section 8A(1) to land or an interest in land to which that section applies was a reference to land or an interest in land that, immediately before being vested in a Crown transferee company pursuant to section 6 of the New Zealand Railways Corporation Restructuring Act 1990, was land owned by the Crown or an interest owned by the Crown in land, whether or not that land or interest in land is still vested in that company:
  2. the reference in section 8A(6) to an interest in land was a reference to an interest in land that was vested in a Crown transferee company under section 6 of the New Zealand Railways Corporation Restructuring Act 1990 but where the land itself was not vested in that company:
  3. the references in sections 8A(2)(b) and (c), 8D(1), 8E(1) and (3)(b), and 8G(3)(f) to section 27B of the State-Owned Enterprises Act 1986 were references to section 39 of the New Zealand Railways Corporation Restructuring Act 1990:
  4. the reference in section 8G(3)(c) to land or an interest in land transferred to or vested in a State enterprise was a reference to land or an interest in land vested in a Crown transferee company pursuant to the New Zealand Railways Corporation Restructuring Act 1990.

8I. Annual report on implementation of recommendations

The Minister of Maori Affairs shall in each year prepare and lay before the House of Representatives a report on the progress being made in the implementation of recommendations made to the Crown by the Tribunal.

Right of petition

9. Right to petition House of Representatives unaffected

Nothing in this Act shall affect in any way the right of any person to petition the House of Representatives for the redress of any grievance, or the jurisdiction of any committee or other body set up by the House of Representatives to deal with a petition to the House of Representatives.

Source of constitutional authority

Schedule 1. Treaty of Waitangi

Motives for writing constitution

The Text in English

HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty’s Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty’s Sovereign authority over the whole or any part of those islands — Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorize me William Hobson a Captain in Her Majesty’s Royal Navy Consul and Lieutenant Governor of such parts of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.

Head of state powers

Article the First

The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole Sovereigns thereof.

Ownership of natural resources

Article the Second

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.

Citizenship of indigenous groups

Article the Third

In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.

Signed

W HOBSON, Lieutenant Governor.

Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof: in witness of which we have attached our signatures or marks at the places and the dates respectively specified.

Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty.

[Here follow signatures, dates, etc.]

The Text in Maori

[Text in Maori omitted due to length - full text can be found online at http://www.legislation.govt.nz/act/public/1975/0114/latest/DLM435843.html]

Schedules 2-3

[Schedules omitted due to length - full text can be found online at http://www.legislation.govt.nz/act/public/1975/0114/latest/whole.html#DLM1347539]

Letters Patent Constituting the Office of Governor-General of New Zealand

Source of constitutional authority

Preamble

Name/structure of executive(s)

Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith:

To all to whom these presents shall come, Greeting:

  1. Designation of commander in chief, Reference to country's history
    Whereas by certain Letters Patent under the Great Seal of the United Kingdom bearing date at Westminster the 11th day of May 1917, His late Majesty King George the Fifth constituted, ordered, and declared that there should be a Governor-General and Commander-in-Chief in and over the Dominion of New Zealand:
  2. Reference to country's history
    And whereas by certain Letters Patent under the Great Seal of the United Kingdom bearing date at Westminster the 18th day of December 1918, His late Majesty King George the Fifth made other provision for the publication and the coming into operation of the said Letters Patent bearing date the 11th day of May 1917, in lieu of the provision made in the Fifteenth Clause thereof:
  3. Reference to country's history
    And whereas at the Court at St. James’s on the 11th day of May 1917, His late Majesty King George the Fifth caused certain Instructions under the Royal Sign Manual and Signet to be given to the Governor-General and Commander-in-Chief:
  4. Reference to country's history
    And whereas at the Court at St. James’s on the 23rd day of July 1917, His late Majesty King George the Fifth caused a Dormant Commission to be passed under the Royal Sign Manual and Signet, appointing the Chief Justice or the Senior Judge for the time being of the Supreme Court of New Zealand to administer the Government of New Zealand, in the event of the death, incapacity, or absence of the Governor-General and Commander-in-Chief and of the Lieutenant-Governor (if any):
  5. Advisory bodies to the head of state
    And whereas, by Order in Council bearing date at Wellington the 26th day of September 1983, Our Governor-General and Commander-in-Chief of New Zealand, acting by and with the advice and consent of the Executive Council of New Zealand, has requested the issue of new Letters Patent revoking and determining the said Letters Patent bearing date the 11th day of May 1917, the said Letters Patent bearing date the 18th day of December 1918, the said Instructions, and the said Dormant Commission, and substituting in place of the revoked documents other provision in the form of the draft of new Letters Patent set out in Schedule 1 to that Order in Council:
  6. And whereas the said Letters Patent bearing date the 11th day of May 1917, the said Letters Patent bearing date the 18th day of December 1918, the said Instructions, and the said Dormant Commission extend to the self-governing state of the Cook Islands and to the self-governing state of Niue as part of the law of the Cook Islands and of Niue, respectively:
  7. And whereas approval of the said draft of new Letters Patent has been signified on behalf of the Government of the Cook Islands and the Government of Niue:
  8. Advisory bodies to the head of state
    Now, therefore, We do by these presents revoke and determine the said Letters Patent bearing date the 11th day of May 1917, the said Letters Patent bearing date the 18th day of December 1918, the said Instructions, and the said Dormant Commission, but without prejudice to anything lawfully done thereunder; and We do hereby declare that the persons who are members of the body known as the Executive Council of New Zealand immediately before the coming into force of these Our Letters Patent shall be members of Our Executive Council hereby constituted as though they had been appointed thereto under these Our Letters Patent.

And We do declare Our will and pleasure as follows:

Name/structure of executive(s)

1. Office of Governor-General and Commander-in-Chief constituted

We do hereby constitute, order, and declare that there shall be, in and over Our Realm of New Zealand, which comprises—

  1. New Zealand; and
  2. the self-governing state of the Cook Islands; and
  3. the self-governing state of Niue; and
  4. Tokelau; and
  5. the Ross Dependency,—

a Governor-General and Commander-in-Chief who shall be Our representative in Our Realm of New Zealand, and shall have and may exercise the powers and authorities conferred on him by these Our Letters Patent, but without prejudice to the office, powers, or authorities of any other person who has been or may be appointed to represent Us in any part of Our Realm of New Zealand and to exercise powers and authorities on Our behalf.

Head of state selection

2. Appointment of Governor-General and Commander-in-Chief

And We do hereby order and declare that Our Governor-General and Commander-in-Chief (hereinafter called Our Governor-General) shall be appointed by Us, by Commission under the Seal of New Zealand, and shall hold office during Our pleasure.

Head of state powers

3. Governor-General’s powers and authorities

And We do hereby authorise and empower Our Governor-General, except as may be otherwise provided by law,—

  1. to exercise on Our behalf the executive authority of Our Realm of New Zealand, either directly or through officers subordinate to Our Governor-General; and
  2. for greater certainty, but not so as to restrict the generality of the foregoing provisions of this clause, to do and execute in like manner all things that belong to the Office of Governor-General including the powers and authorities hereinafter conferred by these Our Letters Patent.

4. Manner in which Governor-General’s powers and authorities are to be executed

Our Governor-General shall do and execute all the powers and authorities of the Governor-General according to—

  1. the tenor of these Our Letters Patent and of such Commission as may be issued to Our Governor-General under the Seal of New Zealand; and
  2. such laws as are now or shall hereafter be in force in Our Realm of New Zealand or in any part thereof.

5. Publication of Governor-General’s Commission

Every person appointed to fill the Office of Governor-General shall, before entering on any of the duties of the office, cause the Commission appointing him to be Governor-General to be publicly read, in the presence of the Chief Justice, or some other Judge of the High Court of New Zealand, and of members of the Executive Council thereof.

Oaths to abide by constitution

6. Oaths to be taken by Governor-General

Our Governor-General shall, immediately after the public reading of the Commission appointing him, take—

  1. the Oath of Allegiance in the form for the time being prescribed by the law of New Zealand; and
  2. the Oath for the due execution of the Office of Governor- General in the form following:
    Designation of commander in chief

    I, [name], swear that, as Governor-General and Commander- in-Chief of the Realm of New Zealand, comprising New Zealand; the self-governing states of the Cook Islands and Niue; Tokelau; and the Ross Dependency, I will faithfully and impartially serve Her [or His] Majesty [specify the name of the reigning Sovereign, as thus: Queen Elizabeth the Second], Queen of New Zealand [or King of New Zealand], Her [or His] heirs and successors, and the people of the Realm of New Zealand, in accordance with their respective laws and customs. So help me God.

which Oaths the Chief Justice or other Judge in whose presence the Commission is read is hereby required to administer.

Advisory bodies to the head of state

7. Constitution of Executive Council

And We do by these presents constitute an Executive Council to advise Us and Our Governor-General in the Government of Our Realm of New Zealand.

Advisory bodies to the head of state

8. Membership of Executive Council

The Executive Council shall consist of those persons who, having been appointed to the Executive Council from among persons eligible for appointment under the Constitution Act 1986, are for the time being Our responsible advisers.

Advisory bodies to the head of state

9. Quorum of Executive Council

The Executive Council shall not proceed to the despatch of business unless two members at the least (exclusive of any member presiding in the absence of Our Governor-General) be present throughout the whole of the meeting at which any such business is despatched, except that in a situation of urgency or emergency, members may be present by any method of communication that allows each member to participate effectively during the whole of the meeting.

Advisory bodies to the head of state, Head of state powers

10. Appointment of members of Executive Council, etc

And We do hereby authorise and empower Our Governor- General, from time to time in Our name and on Our behalf, to constitute and appoint under the Seal of New Zealand, to hold office during pleasure, all such members of the Executive Council, Ministers of the Crown, commissioners, diplomatic or consular representatives of New Zealand, principal representatives of New Zealand in any other country or accredited to any international organisation, and other necessary officers as may be lawfully constituted or appointed by Us.

Power to pardon, Head of state powers

11. Exercise of prerogative of mercy

And We do further authorise and empower Our Governor-General, in Our name and on Our behalf, to exercise the prerogative of mercy in Our Realm of New Zealand, except in any part thereof where, under any law now or hereafter in force, the prerogative of mercy may be exercised in Our name and on Our behalf by any other person or persons, to the exclusion of Our Governor-General; and for greater certainty but not so as to restrict the authority hereby conferred, Our Governor-General may:

  1. grant, to any person concerned in the commission of any offence for which he may be tried in any court in New Zealand or in any other part of Our said Realm to which this clause applies or to any person convicted of any offence in any such court, a pardon, either free or subject to lawful conditions; or
  2. grant, to any person, a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person in any court in New Zealand or in any other part of Our said Realm to which this clause applies; or
  3. remit, subject to such lawful conditions as he may think fit to impose, the whole or any part of any such sentence or of any penalty or forfeiture otherwise due to Us on account of any offence in respect of which a person has been convicted by any court in New Zealand or in any other part of Our said Realm to which this clause applies.
Deputy executive

12. Administrator of the Government

Whenever the Office of Governor-General is vacant, or the holder of the Office is for any reason unable to perform all or any of the functions of the Office, We do hereby authorise, empower, and command the Chief Justice of New Zealand to perform the functions of the Office of Governor-General. If, however, there is for the time being no Chief Justice able to act as Governor-General, then the next most senior Judge of the New Zealand judiciary who is able so to act is so authorised, empowered, and commanded. The Chief Justice or the next most senior Judge, while performing all or any of the functions of the Office of Governor-General, is to be known as the Administrator of the Government; and in these Our Letters Patent every reference to Our Governor-General includes, unless inconsistent with the context, a reference to Our Administrator of the Government.

Deputy executive, Oaths to abide by constitution

13. Oaths to be taken by Administrator of the Government

The said Chief Justice or next most senior Judge of the New Zealand judiciary shall, on the first occasion on which he is required to act as Administrator of the Government and before entering on any of the duties of the Office of Governor-General, take the Oaths hereinbefore directed to be taken by Our Governor-General, which Oaths, with such modifications as are necessary, shall be administered by some other Judge of the High Court of New Zealand, in the presence of not less than two members of the Executive Council.

14. Powers and authorities of Governor-General not abridged

While Our Administrator of the Government is performing all or any of the functions of the Office of Governor-General, the powers and authorities of Our Governor-General shall not be abridged, altered, or in any way affected, otherwise than as We may at any time hereafter think proper to direct.

15. Governor-General’s absence

[Revoked]

Establishment of cabinet/ministers

16. Ministers to keep Governor-General informed

Our Ministers of the Crown in New Zealand shall keep Our Governor-General fully informed concerning the general conduct of the Government of Our said Realm, so far as they are responsible therefor, and shall furnish Our Governor-General with such information as he may request with respect to any particular matter relating to the Government of Our said Realm.

17. Ministers and others to obey, aid, and assist Governor-General

Our Ministers of the Crown and other officers, civil and military, and all other inhabitants of Our Realm of New Zealand, shall obey, aid, and assist Our Governor-General in the performance of the functions of the Office of Governor-General.

Constitution amendment procedure, Head of state powers

18. Power reserved to Her Majesty to revoke, alter, or amend the present Letters Patent

And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent as to Us or them shall seem meet.

19. Present Letters Patent to have effect as law

And We do further declare that these Our Letters Patent shall take effect as part of the law of Our Realm of New Zealand, comprising New Zealand, the self- governing state of the Cook Islands, the self-governing state of Niue, Tokelau, and the Ross Dependency on the 1st day of November 1983.

In witness whereof We have caused these Our Letters to be made Patent, and for the greater testimony and validity thereof We have caused the Seal of New Zealand to be affixed to these presents, which We have signed with Our Regal Hand.

Given the 28th day of October in the Year of Our Lord One Thousand Nine Hundred and Eighty-three and in the 32nd Year of Our Reign.

Constitution Act 1986

Motives for writing constitution

Preamble

An Act to reform the constitutional law of New Zealand, to bring together into one enactment certain provisions of constitutional significance, and to provide that the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom shall cease to have effect as part of the law of New Zealand

1. Short Title and commencement

  1. This Act may be cited as the Constitution Act 1986.
  2. This Act shall come into force on 1 January 1987.

Part 1. The Sovereign

Name/structure of executive(s)

2. Head of State

  1. The Sovereign in right of New Zealand is the head of State of New Zealand, and shall be known by the royal style and titles proclaimed from time to time.
  2. The Governor-General appointed by the Sovereign is the Sovereign’s representative in New Zealand.

3. Exercise of royal powers by the Sovereign or the Governor-General

  1. Head of state powers
    Every power conferred on the Governor-General by or under any Act is a royal power which is exercisable by the Governor-General on behalf of the Sovereign, and may accordingly be exercised either by the Sovereign in person or by the Governor-General.
  2. Every reference in any Act to the Governor-General in Council or any other like expression includes a reference to the Sovereign acting by and with the advice and consent of the Executive Council.

3A. Advice and consent of Executive Council

  1. Head of state powers, Advisory bodies to the head of state
    The Sovereign or the Governor-General may perform a function or duty, or exercise a power, on the advice and with the consent of the Executive Council if that advice and consent are given at a meeting of the Executive Council at which neither the Sovereign nor the Governor-General is present if the Sovereign or the Governor-General is prevented from attending the meeting by some necessary or reasonable cause.
  2. The performance of the function or duty, or the exercise of the power takes effect from the date of the meeting unless another time is specified for the performance of the function or duty, or for the exercise of the power, to take effect.
  3. Neither the validity of the performance of the function or duty, nor the validity of the exercise of the power, can be challenged in any legal proceedings on the ground that the Sovereign or the Governor-General was not prevented from attending the meeting of the Executive Council by some necessary or reasonable cause.
Deputy executive

3B. Exercise of powers and duties by Administrator

  1. The Administrator of the Government may perform a function or duty imposed on the Governor-General, or exercise a power conferred on the Governor-General, if-
    1. the office of Governor-General is vacant; or
    2. the Governor-General is unable to perform the function or duty or exercise the power.
  2. The performance or exercise by the Administrator of the Government of a function or duty imposed, or a power conferred, on the Governor-General is conclusive evidence of the authority of the Administrator to perform the function or duty or exercise the power.

4. Regency

  1. Where, under the law of the United Kingdom, the royal functions are being performed in the name and on behalf of the Sovereign by a Regent, the royal functions of the Sovereign in right of New Zealand shall be performed in the name and on behalf of the Sovereign by that Regent.
  2. Nothing in subsection (1) limits, in relation to any power of the Sovereign in right of New Zealand, the authority of the Governor-General to exercise that power.
Head of state replacement

5. Demise of the Crown

  1. The death of the Sovereign shall have the effect of transferring all the functions, duties, powers, authorities, rights, privileges, and dignities belonging to the Crown to the Sovereign’s successor, as determined in accordance with the enactment of the Parliament of England intituled The Act of Settlement (12 & 13 Will 3, c 2) and any other law relating to the succession to the Throne, but shall otherwise have no effect in law for any purpose.
  2. Every reference to the Sovereign in any document or instrument in force on or after the commencement of this Act shall, unless the context otherwise requires, be deemed to include a reference to the Sovereign’s heirs and successors.

Part 2. The Executive

Advisory bodies to the head of state, Eligibility for cabinet, Establishment of cabinet/ministers

6. Ministers of Crown to be members of Parliament

  1. A person may be appointed and may hold office as a member of the Executive Council or as a Minister of the Crown only if that person is a member of Parliament.
  2. Notwithstanding subsection (1),—
    1. a person who is not a member of Parliament may be appointed and may hold office as a member of the Executive Council or as a Minister of the Crown if that person was a candidate for election at the general election of members of the House of Representatives held immediately preceding that person’s appointment as a member of the Executive Council or as a Minister of the Crown but shall vacate office at the expiration of the period of 40 days beginning with the date of the appointment unless, within that period, that person becomes a member of Parliament; and
    2. where a person who holds office both as a member of Parliament and as a member of the Executive Council or as a Minister of the Crown ceases to be a member of Parliament, that person may continue to hold office as a member of the Executive Council or as a Minister of the Crown until the expiration of the 28th day after the day on which that person ceases to be a member of Parliament.
Advisory bodies to the head of state, Powers of cabinet

7. Power of member of Executive Council to exercise Minister’s powers

Any function, duty, or power exercisable by or conferred on any Minister of the Crown (by whatever designation that Minister is known) may, unless the context otherwise requires, be exercised or performed by any member of the Executive Council.

8. Appointment of Parliamentary Under-Secretaries

  1. Head of state powers
    The Governor-General may from time to time, by warrant under the Governor-General’s hand, appoint any member of Parliament to be a Parliamentary Under-Secretary in relation to such Ministerial office or offices as are specified in that behalf in the warrant of appointment.
  2. A Parliamentary Under-Secretary shall hold office as such during the pleasure of the Governor-General, but shall in every case vacate that office within 28 days of ceasing to be a member of Parliament.

9. Functions of Parliamentary Under-Secretaries

  1. A Parliamentary Under-Secretary holding office as such in respect of any Ministerial office shall have and may exercise or perform under the direction of the Minister concerned such of the functions, duties, and powers of the Minister of the Crown for the time being holding that office as may from time to time be assigned to the Parliamentary Under-Secretary by that Minister.
  2. Nothing in subsection (1) limits the authority of any Minister of the Crown to exercise or perform personally any function, duty, or power.
  3. The fact that any person holding office as a Parliamentary Under-Secretary in respect of any Ministerial office purports to exercise or perform any function, duty, or power of the Minister concerned shall be conclusive evidence of that person’s authority to do so.
Attorney general

9A. Solicitor-General may perform functions of Attorney-General

The Solicitor-General may perform a function or duty imposed, or exercise a power conferred, on the Attorney-General.

9B. Appointment of person to act in place of Solicitor-General

  1. Head of state powers
    The Governor-General may appoint a barrister or solicitor of at least 7 years’ practice to act—
    1. in place of, or for, the Solicitor-General during the absence from office of the Solicitor-General or if the Solicitor-General is incapacitated in a way that affects the performance of his or her duties; or
    2. during a vacancy in the office of Solicitor-General.
  2. The performance of a function or duty or the exercise of a power by a person appointed under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the authority of that person to do so.

9C. Delegation of powers of Attorney-General and Solicitor-General

  1. Attorney general
    The Solicitor-General may, with the written consent of the Attorney-General, in writing delegate to a Deputy Solicitor-General, any of the functions or duties imposed, or powers conferred, on the Attorney-General.
  2. The Solicitor-General may in writing delegate to a Deputy Solicitor-General any of the functions or duties imposed, or powers conferred, on the Solicitor-General, except for the power to delegate conferred by this subsection.
  3. Attorney general
    A delegation is revocable and does not prevent the Attorney-General or the Solicitor-General from performing the function or duty or exercising the power.
  4. A delegation may be made on conditions specified in the instrument of delegation.
  5. The fact that a Deputy Solicitor-General performs a function or duty or exercises a power is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so.

Part 3. The Legislature

A. The House of Representatives

10. House of Representatives

  1. Structure of legislative chamber(s)
    There shall continue to be a House of Representatives for New Zealand.
  2. The House of Representatives is the same body as the House of Representatives referred to in section 32 of the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom.
  3. The House of Representatives shall be regarded as always in existence, notwithstanding that Parliament has been dissolved or has expired.
  4. First chamber selection
    The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1993, and who shall be known as members of Parliament.
Oaths to abide by constitution

11. Oath of allegiance to be taken by members of Parliament

  1. A member of Parliament shall not be permitted to sit or vote in the House of Representatives until that member has taken the Oath of Allegiance in the form prescribed in section 17 of the Oaths and Declarations Act 1957.
  2. The oath to be taken under this section shall be administered by the Governor-General or a person authorised by the Governor-General to administer that oath.
Leader of first chamber

12. Election of Speaker

The House of Representatives shall, at its first meeting after any general election of its members, and immediately on its first meeting after any vacancy occurs in the office of Speaker, choose one of its members as its Speaker, and every such choice shall be effective on being confirmed by the Governor-General.

Leader of first chamber

13. Speaker to continue in office notwithstanding dissolution or expiration of Parliament

A person who is in office as Speaker immediately before the dissolution or expiration of Parliament shall, notwithstanding that dissolution or expiration, continue in office until the close of polling day at the next general election unless that person sooner vacates office as Speaker.

B. Parliament

14. Parliament

  1. Structure of legislative chamber(s)
    There shall be a Parliament of New Zealand, which shall consist of the Sovereign in right of New Zealand and the House of Representatives.
  2. The Parliament of New Zealand is the same body as that which before the commencement of this Act was called the General Assembly (as established by section 32 of the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom) and which consisted of the Governor-General and the House of Representatives.

15. Power of Parliament to make laws

  1. Initiation of general legislation
    The Parliament of New Zealand continues to have full power to make laws.
  2. No Act of the Parliament of the United Kingdom passed after the commencement of this Act shall extend to New Zealand as part of its law.
Approval or veto of general legislation

16. Royal assent to Bills

A Bill passed by the House of Representatives shall become law when the Sovereign or the Governor-General assents to it and signs it in token of such assent.

17. Term of Parliament

  1. Term length for first chamber
    The term of Parliament shall, unless Parliament is sooner dissolved, be 3 years from the day fixed for the return of the writs issued for the last preceding general election of members of the House of Representatives, and no longer.
  2. Section 268 of the Electoral Act 1993 shall apply in respect of subsection (1).

18. Summoning, proroguing, and dissolution of Parliament

  1. Head of state powers, Extraordinary legislative sessions
    The Governor-General may by Proclamation summon Parliament to meet at such place and time as may be appointed therein, notwithstanding that when the Proclamation is signed or when it takes effect Parliament stands prorogued to a particular date.
  2. The Governor-General may, by Proclamation, change the place of meeting of Parliament set out in the Proclamation summoning Parliament if that place is unsafe or uninhabitable.
  3. Dismissal of the legislature, Head of state powers
    The Governor-General may by Proclamation prorogue or dissolve Parliament.
  4. Dismissal of the legislature
    A Proclamation summoning, proroguing, or dissolving Parliament shall be effective—
    1. on being gazetted; or
    2. on being publicly read, by some person authorised to do so by the Governor-General, in the presence of the Clerk of the House of Representatives and 2 other persons,

    — whichever occurs first.

  5. Every Proclamation that takes effect pursuant to subsection (3)(b) shall be gazetted as soon as practicable after it is publicly read.

19. First meeting of Parliament after general election

After any general election of members of the House of Representatives, Parliament shall meet not later than 6 weeks after the day fixed for the return of the writs for that election.

20. Lapse or reinstatement of parliamentary business

  1. Legislative committees
    Any Bill, petition, or other business before the House of Representatives or any of its committees during a session of a Parliament (any parliamentary business)—
    1. does not lapse on the prorogation of that Parliament and may be resumed in the next session of Parliament (a session of that Parliament):
    2. lapses on the dissolution or expiration of that Parliament, but may be reinstated in the next session of Parliament (a session of the next Parliament).
  2. Parliamentary business is reinstated in that next session if, after that dissolution or expiration, the House of Representatives resolves that the parliamentary business be reinstated in that next session.

C. Parliament and public finance

21. Bills appropriating public money

[Repealed]

Tax bills, Finance bills, Spending bills

22. Parliamentary control of public finance

It shall not be lawful for the Crown, except by or under an Act of Parliament,—

  1. to levy a tax; or
  2. to borrow money or to receive money borrowed from any person; or.
  3. to spend any public money.

Part 4. The Judiciary

Supreme/ordinary court judge removal

23. Protection of Judges against removal from office

A Judge of the High Court shall not be removed from office except by the Sovereign or the Governor-General, acting upon an address of the House of Representatives, which address may be moved only on the grounds of that Judge’s misbehaviour or of that Judge’s incapacity to discharge the functions of that Judge’s office.

Protection of judges' salaries

24. Salaries of Judges not to be reduced

The salary of a Judge of the High Court shall not be reduced during the continuance of the Judge’s commission.

Part 5. Miscellaneous provisions

25. General Assembly Library to be known as the Parliamentary Library

  1. The library heretofore known as the General Assembly Library shall, as from the commencement of this Act, be known as the Parliamentary Library.
  2. The officer heretofore known as the Chief Librarian of the General Assembly Library shall be known, as from the commencement of this Act, as the Parliamentary Librarian.
  3. Subject to section 27, all references to the General Assembly Library or to the Chief Librarian of the General Assembly Library in any other enactment or in any document whatsoever shall hereafter, unless the context otherwise requires, be read as references to the Parliamentary Library and to the Parliamentary Librarian respectively.

26. United Kingdom enactments ceasing to have effect as part of the law of New Zealand

  1. As from the commencement of this Act the following enactments of the Parliament of the United Kingdom, namely,—
    1. the New Zealand Constitution Act 1852 (15 and 16 Vict, c 72); and
    2. the Statute of Westminster 1931 (22 Geo V, c 4); and
    3. the New Zealand Constitution (Amendment) Act 1947 (11 Geo VI, c 4),

    — shall cease to have effect as part of the law of New Zealand.

  2. The provisions of sections 20, 20A, and 21 of the Acts Interpretation Act 1924 shall apply with respect to the enactments specified in subsection (1) as if they were Acts of the Parliament of New Zealand that had been repealed by that subsection.
  3. Colonies
    Without limiting the provisions of subsection (2), it is hereby declared that the effect of section 11 of the Statute of Westminster 1931 (22 Geo V, c 4) (which section declared that the expression Colony shall not, in any Act of the Parliament of the United Kingdom passed after the commencement of the Statute of Westminster 1931, include a Dominion or any Province or State forming part of a Dominion) shall not be affected by virtue of the Statute of Westminster 1931 ceasing, by virtue of subsection (1), to have effect as part of the law of New Zealand.

27. Consequential amendments to other enactments

The enactments specified in Schedule 1 are hereby amended in the manner indicated in that schedule.

28. Repeals

  1. The enactments specified in Schedule 2 are hereby repealed.
  2. The Regulations Amendment Act 1962 is hereby consequentially repealed.
  3. Amendment(s) incorporated in the Act(s).
Transitional provisions

29. Transitional and consequential provisions relating to Parliament

  1. The Parliament in being at the commencement of this Act (before the commencement of this Act called the General Assembly) shall continue in accordance with and subject to the provisions of this Act.
  2. As from the commencement of this Act, every reference to the General Assembly or to the General Assembly of New Zealand in any enactment passed before the date of commencement of this Act and in any document executed before that date shall, unless the context otherwise requires, be read as a reference to the Parliament of New Zealand.
  3. Subsection (2) shall not apply in respect of the Acts Interpretation Act 1924.

Schedule 1. Consequential amendments

Agriculture (Emergency Powers) Act 1934 (1934 No 34) (RS Vol 1, p 87) - Amendment(s) incorporated in the Act(s).

Civil Defence Act 1983 (1983 No 46) - Amendment(s) incorporated in the Act(s).

Civil List Act 1979 (1979 No 33) - Amendment(s) incorporated in the Act(s).

Customs Act 1966 (1966 No 19) (RS Vol 2, p 57) - Amendment(s) incorporated in the Act(s).

Economic Stabilisation Act 1948 (1948 No 38) (RS Vol 6, p 227) - Amendment(s) incorporated in the Act(s).

Foreign Affairs and Overseas Service Act 1983 (1983 No 128) - Amendment(s) incorporated in the Act(s).

Government Superannuation Fund Act 1956 (1956 No 47) (RS Vol 13, p 97) - Amendment(s) incorporated in the Act(s).

Judicature Act 1908 (1908 No 89) (1957 Reprint, Vol 6, p 699) - Amendment(s) incorporated in the Act(s).

Oaths and Declarations Act 1957 (1957 No 88) (RS Vol 4, p 1) - Amendment(s) incorporated in the Act(s).

Official Information Act 1982 (1982 No 156) - Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) - Amendment(s) incorporated in the Act(s).

Parliamentary Service Act 1985 (1985 No 128) - Amendment(s) incorporated in the Act(s).

Petroleum Demand Restraint Act 1981 (1981 No 12) - Amendment(s) incorporated in the Act(s).

Primary Products Marketing Act 1953 (1953 No 10) (RS Vol 4, p 201) - Amendment(s) incorporated in the Act(s).

Public Finance Act 1977 (1977 No 65) - Amendment(s) incorporated in the Act(s).

Public Safety Conservation Act 1932 (1932 No 3) (RS Vol 4, p 233) - Amendment(s) incorporated in the Act(s).

Regulations Act 1936 (1936 No 17) (RS Vol 10, p 723) - Amendment(s) incorporated in the Act(s).

Statutes Amendment Act 1936 (1936 No 58) (RS Vol 1, p 31) - Amendment(s) incorporated in the Act(s).

Treaty of Waitangi Act 1975 (1975 No 114) (RS Vol 8, p 877) - Amendment(s) incorporated in the Act(s).

Schedule 2. Enactments repealed

Demise of the Crown Act 1908 (1908 No 42) (RS Vol 2, p 323)

Legislature Amendment Act 1977 (1977 No 22) (RS Vol 6, p 764)

New Zealand Constitution Amendment Act 1970 (1970 No 94) (RS Vol 10, p 463)

New Zealand Constitution Amendment Act 1973 (1973 No 114) (RS Vol 10, p 463)

New Zealand Constitution Amendment (Request and Consent) Act 1947 (1947 No 44) (RS Vol 10, p 461)

Royal Powers Act 1983 (1983 No 20)

Statute of Westminster Adoption Act 1947 (1947 No 38) (RS Vol 11, p 393)

New Zealand Bill of Rights Act 1990

Motives for writing constitution

Preamble

An Act—

  1. to affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and
  2. International human rights treaties
    to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights

1. Short Title and commencement

  1. This Act may be cited as the New Zealand Bill of Rights Act 1990.
  2. This Act shall come into force on the 28th day after the date on which it receives the Royal assent.

Part 1. General provisions

2. Rights affirmed

The rights and freedoms contained in this Bill of Rights are affirmed.

3. Application

This Bill of Rights applies only to acts done—

  1. by the legislative, executive, or judicial branches of the Government of New Zealand; or
  2. by any person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.

4. Other enactments not affected

No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—

  1. hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or
  2. decline to apply any provision of the enactment— by reason only that the provision is inconsistent with any provision of this Bill of Rights.

5. Justified limitations

Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

6. Interpretation consistent with Bill of Rights to be preferred

Wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning.

Attorney general, Constitutionality of legislation

7. Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights

Where any Bill is introduced into the House of Representatives, the Attorney-General shall,—

  1. in the case of a Government Bill, on the introduction of that Bill; or
  2. in any other case, as soon as practicable after the introduction of the Bill,—

bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in this Bill of Rights.

Part 2. Civil and political rights

Subpart 1. Life and security of the person

Right to life

8. Right not to be deprived of life

No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.

Prohibition of torture, Prohibition of cruel treatment

9. Right not to be subjected to torture or cruel treatment

Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.

Reference to science

10. Right not to be subjected to medical or scientific experimentation

Every person has the right not to be subjected to medical or scientific experimentation without that person’s consent.

11. Right to refuse to undergo medical treatment

Everyone has the right to refuse to undergo any medical treatment.

Subpart 2. Democratic and civil rights

Claim of universal suffrage, Restrictions on voting

12. Electoral rights

Every New Zealand citizen who is of or over the age of 18 years—

  1. Secret ballot
    has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot; and
  2. Eligibility for first chamber
    is qualified for membership of the House of Representatives.
Freedom of religion, Freedom of opinion/thought/conscience

13. Freedom of thought, conscience, and religion

Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference.

Freedom of expression

14. Freedom of expression

Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

Freedom of religion

15. Manifestation of religion and belief

Every person has the right to manifest that person’s religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private.

Freedom of assembly

16. Freedom of peaceful assembly

Everyone has the right to freedom of peaceful assembly.

Freedom of association

17. Freedom of association

Everyone has the right to freedom of association.

Freedom of movement

18. Freedom of movement

  1. Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand.
  2. Every New Zealand citizen has the right to enter New Zealand.
  3. Everyone has the right to leave New Zealand.
  4. No one who is not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds prescribed by law.

Subpart 3. Non-discrimination and minority rights

19. Freedom from discrimination

  1. Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
  2. Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination.
Right to culture, Protection of language use, Freedom of religion

20. Rights of minorities

A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority.

Subpart 4. Search, arrest, and detention

Regulation of evidence collection, Right to privacy

21. Unreasonable search and seizure

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.

Protection from unjustified restraint

22. Liberty of the person

Everyone has the right not to be arbitrarily arrested or detained.

23. Rights of persons arrested or detained

  1. Everyone who is arrested or who is detained under any enactment-
    1. shall be informed at the time of the arrest or detention of the reason for it; and
    2. Right to counsel
      shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
    3. Protection from unjustified restraint
      shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
  2. Protection from unjustified restraint
    Everyone who is arrested for an offence has the right to be charged promptly or to be released.
  3. Right to speedy trial
    Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
  4. Protection from self-incrimination
    Everyone who is-
    1. arrested; or
    2. detained under any enactment-

    for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

  5. Human dignity
    Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

24. Rights of persons charged

Everyone who is charged with an offence—

  1. shall be informed promptly and in detail of the nature and cause of the charge; and
  2. Protection from unjustified restraint
    shall be released on reasonable terms and conditions unless there is just cause for continued detention; and
  3. Right to counsel
    shall have the right to consult and instruct a lawyer; and
  4. Right to counsel
    shall have the right to adequate time and facilities to prepare a defence; and
  5. Establishment of military courts, Jury trials required
    shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and
  6. Right to counsel
    shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and
  7. Trial in native language of accused
    shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.

25. Minimum standards of criminal procedure

Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:

  1. Right to public trial, Right to fair trial
    the right to a fair and public hearing by an independent and impartial court:
  2. Right to speedy trial
    the right to be tried without undue delay:
  3. Presumption of innocence in trials
    the right to be presumed innocent until proved guilty according to law:
  4. Protection from self-incrimination
    the right not to be compelled to be a witness or to confess guilt:
  5. the right to be present at the trial and to present a defence:
  6. Right to examine evidence/witnesses
    the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:
  7. Protection from ex post facto laws
    the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty:
  8. Right to appeal judicial decisions
    the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:
  9. Privileges for juveniles in criminal process
    the right, in the case of a child, to be dealt with in a manner that takes account of the child’s age.

26. Retroactive penalties and double jeopardy

  1. Protection from ex post facto laws
    No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred.
  2. Prohibition of double jeopardy
    No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.

27. Right to justice

  1. Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law.
  2. Constitutionality of legislation
    Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
  3. Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.

Part 3. Miscellaneous provisions

28. Other rights and freedoms not affected

An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part.

29. Application to legal persons

Except where the provisions of this Bill of Rights otherwise provide, the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons.

Electoral Act 1993

Referenda, Motives for writing constitution

Preamble

An Act to reform the electoral system and to provide, in particular, if the proposal for the introduction of the mixed member proportional system is carried at the referendum held under the Electoral Referendum Act 1993,—

  1. First chamber selection
    for the introduction of the mixed member proportional system of representation in relation to the House of Representatives:
  2. Electoral commission
    for the establishment of an Electoral Commission:
  3. for the repeal of the Electoral Act 1956

1. Short Title

This Act may be cited as the Electoral Act 1993.

2. Commencement

  1. If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is carried, Part 4 and Parts 6 to 9 and Schedules 2 and 3 shall, except as provided in subsection (2), come into force on 1 July 1994.
  2. If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is carried, section 3 and Parts 1, 2, 3, and 5 and sections 267, 269, and 270 and Schedule 1 shall come into force on the day after the date on which that declaration is published in the Gazette.
  3. If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is not carried,—
    1. section 3 and Parts 1 to 9 and Schedules 1, 2, and 3 shall not come into force; and
    2. on 1 July 1994, this Act shall be deemed to be repealed.
  4. Except as provided in subsections (1) to (3), this Act shall come into force on the day on which it receives the Royal assent.

3. Interpretation

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

      approved electronic medium, in relation to the making of an application or the providing of any information, means an electronic medium approved by the Electoral Commission for the making of that application or the providing of that information

      bribery has the meaning assigned to that term by section 216 by-election means any election other than a general election

      candidate,—

      1. means a constituency candidate; and
      2. includes a list candidate (other than in Parts 6AA and 6A); and
      3. in the definition of candidate advertisement and in section 3A and Parts 6AA, 6A, 7, and 8 includes a person who has declared his or her intention of becoming a constituency candidate; and
      4. in Parts 7 and 8 includes a person who has declared his or her intention of becoming a list candidate

      candidate advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

      1. to vote for a constituency candidate (whether or not the name of the candidate is stated):
      2. not to vote for a constituency candidate (whether or not the name of the candidate is stated)
      Census

      census means the census of population and dwellings carried out by the Department of Statistics pursuant to the Statistics Act 1975

      Chief Electoral Officer means the Chief Electoral Officer appointed under this Act; and includes any person authorised to exercise the powers, duties, and functions of the Chief Electoral Officer

      component party means, in relation to a registered political party (in this definition called the registered party) or in relation to a political party that is applying for registration (in this definition called the applicant party),—

      1. a political party that is a member of the registered party or of the applicant party; or
      2. a political party that has combined some or all of its membership with that of another political party and thereby formed the registered party or the applicant party or augmented the membership of such a party, as the case may be

      constituency candidate means a person who has been nominated as a candidate for a seat in the House of Representatives representing an electoral district

      corrupt practice means any act declared by this Act to be a corrupt practice

      Corrupt Practices List, in relation to any district, means the Corrupt Practices List made out for that district under section 100

      costs includes charges and expenses

      Crown means Her Majesty in respect of the Government of New Zealand

      current financial member, in relation to a political party, means a member of the party—

      1. whose membership of the party resulted from an application made by the member to join the party; and
      2. who is, under the party’s rules, subject to an obligation to pay to the party a membership fee—
        1. on becoming a member; and
        2. then at specified intervals of not more than 3 years; and
      3. who has paid to the party every membership fee that has for the time being become payable by the member in accordance with those rules
      Electoral districts

      district or electoral district or electorate means a General electoral district or a Maori electoral district constituted under this Act

      election means an election of a member of the House of Representatives

      election advertisement has the meaning given to it by section 3A

      election expenses,—

      1. in relation to a constituency candidate, has the meaning given to it by section 205:
      2. in relation to a party that is registered under Part 4, has the meaning given to it by section 206

      elector, in relation to any district, means a person registered, or qualified to be registered, as an elector of that district

      Electoral commission

      Electoral Commission means the Electoral Commission established by section 4B

      Electoral commission

      Electoral Commissioner or Commissioner means a member of the Electoral Commission

      electoral official means any person that the Electoral Commission employs or engages for the purpose of assisting with the performance of its functions

      electoral roll, in relation to any district, means, subject to sections 101 to 103, the forms of application for registration kept by the Registrar of persons registered as electors of that district (including a form returned following an inquiry under section 89D)

      eligible political party means a political party that has at least 500 current financial members who are eligible to enrol as electors

      enduring power of attorney means a power of attorney described in section 95 of the Protection of Personal and Property Rights Act 1988

      general election means an election that takes place after the dissolution or expiration of Parliament

      Electoral districts

      General electoral district means an electoral district other than a Maori electoral district

      Census

      General electoral population means total ordinarily resident population as shown in the last periodical census of population and dwellings with the exception of the Maori electoral population

      Government means the Government of New Zealand

      hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

      illegal practice means any act declared by this Act to be an illegal practice

      issuing officer, in relation to a polling place, means the manager of the polling place or a person authorised, under section 158(3)(a), to issue ballot papers in the polling place

      list candidate means any person whose name is specified in a party list submitted to the Electoral Commission under section 127

      main roll, in relation to any district, means, subject to section 107, the main roll printed for the district and for the time being in force

      manager, in relation to a polling place, means the person designated, under section 158(2), as the manager of the polling place

      Maori means a person of the Maori race of New Zealand; and includes any descendant of such a person

      Electoral districts

      Maori electoral district means an electoral district constituted under section 45

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

      1. by ascertaining a proportion determined by dividing—
        1. the total number of persons registered as at the close of the last day of the period specified in the last notice published under section 77(2) as electors of Maori electoral districts, and persons on the dormant rolls for Maori electoral districts; by
        2. the total number of persons of New Zealand Maori descent registered as at the close of the day referred to in subparagraph (i) as electors of either General electoral districts or Maori electoral districts, and persons on the dormant rolls for Maori electoral districts and General electoral districts; and
      2. by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident persons of New Zealand Maori descent as determined by the last periodical census

      medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

      member of the Defence Force means any person resident in New Zealand within the meaning of this Act who is for the time being a member of the New Zealand Defence Force constituted by section 11(1) of the Defence Act 1990; and includes any person so resident who is attached to, or employed by, or carries out duties of the New Zealand Defence Force which necessitate his or her being outside New Zealand

      mental impairment, in relation to any person, means an impairment causing a person to lack, wholly or partly, the capacity to understand the nature of any decision about registering as an elector

      meshblock means statistical meshblock

      Minister means the Minister of Justice

      nomination day, in relation to any election, means the day appointed in the writ for that election as the latest day for the nomination of candidates

      party, in Parts 6AA, 6A, and 6B,—

      1. means a political party registered under Part 4; and
      2. includes a political party that at any time during the regulated period has been registered under Part 4

      party advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

      1. to vote for a party (whether or not the name of the party is stated):
      2. not to vote for a party (whether or not the name of the party is stated)

      party secretary or, in relation to a party, secretary means the person (whatever his or her designation or office) whose duties include responsibility for—

      1. carrying out the administration of the party; and
      2. conducting the correspondence of the party

      permanent resident of New Zealand has the meaning assigned thereto by section 73

      personation has the meaning assigned to that term by section 215

      polling day, in relation to any election, means the day appointed in the writ for that election for the polling to take place if a poll is required

      polling place official means a person appointed, under section 158(1), as an official for a polling place

      prescribed means prescribed by this Act or by regulations made thereunder or (for the purposes of Part 8) by rules of court

      prison means a prison established or deemed to be established under the Corrections Act 2004

      public inspection period means, in relation to a return filed under sections 205K, 206I, 206ZC, 209, 210, 210C, 214C, and 214F, the period—

      1. beginning 3 working days after the date of receipt by the Electoral Commission of the duly completed return; and
      2. ending with the close of polling day for the second general election that takes place after the date of receipt by the Electoral Commission of the duly completed return

      public money has the same meaning as in the Public Finance Act 1989

      public notice or public notification means a notice printed in some newspaper circulating in the district intended to be affected by the notice

      public place has the same meaning as in section 2 of the Summary Offences Act 1981

      public servant—

      1. means a person employed in the service of the Crown, not being honorary service; and
      2. includes a person employed in—
        1. the Education service as defined in the State Sector Act 1988; or
        2. the Cook Islands Public Service; or
        3. the Western Samoan Public Service; and
      3. includes an electoral official; but
      4. does not include an electoral official who has been appointed as a Deputy Electoral Commissioner or Returning Officer; and
      5. does not include any person to whom subsection (2) or subsection (3) applies; and
      6. does not include—
        1. any person by reason of his or her holding an office for which salary is payable under the Members of Parliament (Remuneration and Services) Act 2013; or
        2. any person by reason of his or her being employed in any of Her Majesty’s forces except the Royal New Zealand Navy, the Regular Force of the New Zealand Army, or the Regular Air Force of the Royal New Zealand Air Force; or
        3. any person remunerated by fees or commission and not by wages or salary

      Registrar, in relation to any district, means the Registrar of Electors appointed for that district under section 22; and includes his or her deputy

      Registrar of Births and Deaths means Registrar within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

      regulated period has the meaning given to it by section 3B

      representative, in Part 5, means,—

      1. in relation to a person who is outside New Zealand, or who has a physical impairment,—
        1. a person who is a registered elector:
        2. an attorney appointed under a power of attorney:
      2. in relation to a person who has a mental impairment,—
        1. a person who is a registered elector:
        2. a welfare guardian appointed under section 12(1) of the Protection of Personal and Property Rights Act 1988:
        3. an attorney appointed under an enduring power of attorney

      residence and to reside have the meanings assigned thereto by section 72

      Returning Officer means an electoral official designated under section 20B; and includes a person authorised to exercise or perform the powers, duties, or functions of a Returning Officer

      roll means an electoral roll, a main roll, or a supplementary roll, as the case may be; and includes a composite roll printed under section 107

      Leader of second chamber

      Speaker means—

      1. the Speaker of the House of Representatives; or
      2. if the Speaker of the House of Representatives is (for whatever reason) unable to act, the Deputy Speaker of the House of Representatives; or
      3. if neither the Speaker of the House of Representatives nor the Deputy Speaker of the House of Representatives is (for whatever reason) able to act, an Acting Speaker of the House of Representatives who is able to act

      special voter, in relation to any election, means a person qualified under this Act to vote as a special voter at that election

      statement includes not only words but also pictures, visual images, gestures, and other methods of signifying meaning

      supplementary roll, in relation to any district, means a supplementary roll printed for the district and for the time being in force

      treating has the meaning assigned to that term by section 217

      undue influence has the meaning assigned to that term by section 218

      working day means any day of the week other than—

      1. Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and
      2. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
      3. a day in the period commencing with 25 December in any year and ending with 15 January in the following year

      writ means a writ for an election issued under this Act

      writ day, in relation to any election, means the day of the issue of the writ for that election.

      A reference to a numbered form is a reference to the form so numbered in Schedule 2.

  2. Where any person—
    1. is appointed by the Crown, or the Government, or any department or agency of the Government to be a member of any commission, council, board, committee, or other body; or
    2. is a member of any commission, council, board, committee, or other body of which any members receive any payment out of public money,—

    he or she shall not by reason of that membership be deemed to be a public servant, whether or not he or she receives any travelling allowances or travelling expenses.

  3. No person shall, by reason only of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, be deemed to be a State servant within the meaning of section 52(1) or a public servant, whether or not that person receives any salary, allowances, or expenses.

3A. Meaning of election advertisement

  1. In this Act, election advertisement—
    1. means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:
      1. to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated):
      2. to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated); and
    2. includes—
      1. a candidate advertisement; and
      2. a party advertisement.
  2. None of the following are election advertisements:
    1. an advertisement that—
      1. is published, or caused or permitted to be published, by the Electoral Commission or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand; and
      2. relates to electoral matters or the conduct of any general election or by-election; and
      3. contains either—
        1. a statement indicating that the advertisement has been authorised by that officer or agency; or
        2. a symbol indicating that the advertisement has been authorised by that officer or agency:
    2. contact information (as defined in subsection (3)) published in any medium by a member of Parliament that satisfies all of the following requirements:
      1. the information was published by a member of Parliament in the course of performing his or her role and functions as a member of Parliament; and
      2. the information was prepared for publication and published by the member of Parliament using funding received under Vote Parliamentary Service; and
      3. the information was routinely published in that medium before the commencement of the regulated period and continues to be published in that medium during the regulated period; and
      4. the information is published during the regulated period no more often and to no greater extent than before the commencement of the regulated period; and
      5. the information is published during the regulated period in the same form and style as before the commencement of the regulated period; and
      6. the information is not included, combined, or associated with an election advertisement (as de- fined in subsection (1)), or with any other information so as to constitute an election advertisement, that is published by—
        1. the member of Parliament; or
        2. the secretary of the party to which the member of Parliament belongs; or
        3. any other person with the authority of the member of Parliament:
    3. the editorial content of—
      1. a periodical:
      2. Radio, Television
        a radio or television programme:
      3. a publication on a news media Internet site:
    4. any transmission (whether live or not) of proceedings in the House of Representatives:
    5. any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.
  3. In this section,—
    • contact information, in relation to a member of Parliament, means information that—

      periodical means a newspaper, magazine, or trade or professional journal that—

      1. was established for purposes unrelated to the conduct of election campaigns; and
      2. since its establishment has been—
        1. published at regular intervals; and
        2. generally available to members of the public.

3B. Meaning of regulated period

  1. In this Act, regulated period, in relation to a general election, has the meaning given to it by subsections (2) and (3).
  2. If before the close of the default day the Prime Minister gives public notice of the day that is to be polling day for the election, the regulated period—
    1. commences on the later of the following days:
      1. the day after the date on which the Prime Minister gives that public notice:
      2. the day that is 3 months before polling day; and
    2. ends with the close of the day before polling day.
  3. If at the close of the default day the Prime Minister has not given public notice of the day that is to be polling day for the election, the regulated period—
    1. commences on the close of the default day; and
    2. ends with the close of the day before polling day.
  4. In this Act, regulated period, in relation to a by-election, means the period that—
    1. commences on the day after the notice of the vacancy to be filled by the by-election is published under section 129(1); and
    2. ends with the close of the day before polling day.
  5. In this section,—
    • default day means the day that is 2 years and 9 months after the polling day for the preceding general election

      give public notice means issue a media statement.

Electoral commission

3C. Electoral Commission to publish details relating to regulated period

The Electoral Commission must, as soon as practicable after the commencement of the regulated period for a general election, publish in the Gazette notice of—

  1. the date on which the regulated period commenced; and
  2. the date on which the regulated period will end.

3D. Meaning of publish

In this Act, unless the context otherwise requires, publish, in relation to an election advertisement, means to bring to the notice of a person in any manner—

  1. including—
    1. displaying on any medium:
    2. distributing by any means:
    3. delivering to an address:
    4. leaving at a place:
    5. sending by post or otherwise:
    6. printing in a newspaper or other periodical:
    7. broadcasting by any means:
    8. disseminating by means of the Internet or any other electronic medium:
    9. storing electronically in a way that is accessible to the public:
    10. incorporating in a device for use with a computer:
    11. inserting in a film or video; but
  2. excluding addressing 1 or more persons face to face.

3E. Meaning of advertising expenses

  1. In this Act, advertising expenses, in relation to an election advertisement—
    1. includes—
      1. the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and
      2. the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but
    2. excludes the cost of—
      1. the conduct of any survey or public opinion poll; and
      2. any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and
      3. the labour of any person that is provided free of charge by that person; and
      4. the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by—
        1. 1 or more persons, other than the person promoting the advertisement (person A):
        2. the occurrence of an event beyond the control of person A, or any person acting on behalf of person A.
  2. To avoid doubt, advertising expenses does not include the cost (including running costs) of any vehicle used to display an election advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding for the payment of money or money’s worth.
  3. In this section, vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

Subpart 1. Extraterritorial application

3F. Application of Act to conduct outside New Zealand

  1. The provisions of Part 6AA and 6A apply in respect of the publication of an election advertisement—
    1. in New Zealand, in any case where the promoter of the advertisement is outside New Zealand; and
    2. outside New Zealand, in any case where the promoter of the advertisement is in New Zealand.
  2. Subsection (1) does not affect the application of the provisions of this Act (other than those provisions in Parts 6AA and 6A that apply in respect of the publication of an election advertisement) in respect of an offence that under any provision of the Crimes Act 1961 is deemed to be committed in New Zealand.

Part 1. Electoral Commission

4. Electoral Commission

[Repealed]

4A. Crown Entities Act 2004 to apply

[Repealed]

Electoral commission

4B. Electoral Commission

  1. This section establishes the Electoral Commission.
  2. The Electoral Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
  3. The Crown Entities Act 2004 applies to the Electoral Commission except to the extent that this Act expressly provides otherwise.
  4. The Electoral Commission established by subsection (1) is not the same body as the Electoral Commission established by section 4.
Electoral commission

4C. Objective

The objective of the Electoral Commission is to administer the electoral system impartially, efficiently, effectively, and in a way that—

  1. facilitates participation in parliamentary democracy; and
  2. promotes understanding of the electoral system and associated matters; and
  3. maintains confidence in the administration of the electoral system.
Electoral commission

4D. Membership of Electoral Commission

  1. Head of state powers
    The Governor-General, on the recommendation of the House of Representatives, must appoint 3 members of the Electoral Commission as follows:
    1. 1 member as the Chief Electoral Officer; and
    2. 1 member as the chairperson; and
    3. 1 member as the deputy chairperson.
  2. The member appointed as the Chief Electoral Officer under subsection (1)(a) is the chief executive of the Electoral Commission.
  3. The members of the Electoral Commission are the board for the purposes of the Crown Entities Act 2004.
  4. Subsection (1) applies despite—
    1. section 28(1)(b) of the Crown Entities Act 2004; and
    2. clause 1(2) of Schedule 5 of the Crown Entities Act 2004.
Electoral commission

4E. Appointment of Judge as member not to affect tenure, etc

The appointment of a Judge as a member of the board of the Electoral Commission does not affect the Judge’s tenure of his or her judicial office or the Judge’s rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge’s services as a member must be taken to be service as a Judge.

Electoral commission

4F. Resignation of member

  1. A member of the Electoral Commission may resign from office by written notice to the Governor-General (with a copy to the Electoral Commission) signed by the member.
  2. The resignation is effective when the Governor-General receives the notice or at any later time specified in the notice.
  3. This section applies despite section 44 of the Crown Entities Act 2004.
Electoral commission

4G. Power to remove or suspend members

  1. Section 42 of the Crown Entities Act 2004 applies to any member of the Electoral Commission who is a Judge.
  2. Section 39(1) of the Crown Entities Act 2004 does not apply to any member.
  3. Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.
  4. Just cause has the same meaning as in section 40 of the Crown Entities Act 2004.
Electoral commission

4H. Filling of vacancy

  1. Head of state powers
    If a vacancy occurs in the membership of the Electoral Commission, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.
  2. Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next session of Parliament.
  3. An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.
Electoral commission

4I. Deputy Electoral Commissioners

  1. The Electoral Commission may, by written notice, appoint an electoral official to be the deputy for an Electoral Commissioner.
  2. The persons described in section 30(2) of the Crown Entities Act 2004 are disqualified from being appointed as Deputy Electoral Commissioners.
  3. The notice of appointment must—
    1. state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
    2. state the term of the appointment; and
    3. be published by the Electoral Commission in the Gazette as soon as practicable after the appointment is made.
  4. If an Electoral Commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that Electoral Commissioner may be performed and exercised by his or her deputy.
  5. Despite subsection (4), a Deputy Electoral Commissioner—
    1. must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and
    2. is not eligible to be appointed by the board of the Electoral Commission as a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.
  6. The Electoral Commission may, at any time, revoke the appointment of any deputy.
  7. A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).
  8. [Repealed]
Electoral commission

4J. Proceedings of Electoral Commission

The provisions of Schedule 1 apply to the Electoral Commission and to its proceedings.

5. Functions

The functions of the Electoral Commission are to—

  1. carry the provisions of this Act into effect:
  2. carry out duties in relation to parliamentary election programmes that are prescribed by Part 6 of the Broadcasting Act 1989:
  3. promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:
  4. consider and report to the Minister or to the House of Representatives on electoral matters referred to the Electoral Commission by the Minister or the House of Representatives:
  5. make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission:
  6. carry out any other functions or duties conferred on the Electoral Commission by or under any other enactment.

6. Powers of Electoral Commission

  1. The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,—
    1. initiate, sponsor, and carry out any studies or research:
    2. make any inquiries:
    3. consult with any persons or classes of persons:
    4. publicise, in any manner that it thinks fit, any parts of its work:
    5. provide information and advice on any matter—
      1. to the Minister for the Minister’s consideration:
      2. to the Minister for presentation to the House of Representatives:
    6. request advice, assistance, and information from any government department or any State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986.
  2. Subsection (1) does not limit sections 16 and 17 of the Crown Entities Act 2004.
  3. If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii), the Minister must present the information or advice to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.
Electoral commission

7. Independence

The Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

  1. this Act; and
  2. any other enactment that expressly provides for the functions, duties, or powers of the Electoral Commission (other than the Crown Entities Act 2004).
Electoral commission

8. Electoral Commission must report on general election

  1. The Electoral Commission must, within 6 months of the return of the writ after a general election, report in writing to the Minister on the administration of that election, including—
    1. the services provided to electors to facilitate voting; and
    2. enrolment and voting statistics; and
    3. any substantive issue arising during the course of the election; and
    4. any changes that are necessary or desirable in respect of—
      1. administration processes or practices; or
      2. this Act or any other law; and
    5. any matter that the Minister of Justice asks the Electoral Commission to address; and
    6. any other matter that the Electoral Commission considers relevant.
  2. The Minister must present any report received under subsection (1) to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.
  3. The Electoral Commission must publish any report made under subsection (1) as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 10 working days after the report is received by the Minister.
Electoral commission

9. Electoral Commission may delegate functions or powers to electoral officials engaged by Commission

  1. The Electoral Commission’s board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission’s functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also to any electoral official who is engaged (rather than employed) by the Commission.
  2. The functions or powers delegated may (without limitation) be or include either or both of the following:
    1. the Commission’s power under section 73 of the Crown Entities Act 2004 to delegate particular functions or powers of the Commission:
    2. all or any of the Commission’s functions or powers that relate to registration of electors.
  3. The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:
    1. a body corporate:
    2. an individual who holds an office in, or is employed by, a body corporate.
  4. For the purposes of this section, the Commission’s functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) Part 5 of this Act, and also its functions or powers under (or under any regulations under) the following Acts:
    1. Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001:
    2. Citizens Initiated Referenda Act 1993:
    3. Energy Companies Act 1992:
    4. Juries Act 1981:
    5. Local Electoral Act 2001:
    6. Referenda (Postal Voting) Act 2000.
  5. The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.
Electoral commission

9A. Ownership of intellectual property developed by delegates of functions or powers

  1. Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated under section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of this Act) and—
    1. in the exercise or performance by or on behalf of that official of those delegated functions or powers; or
    2. entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers.
  2. However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property.
  3. This section applies despite any contrary instrument or law.

10. Term of office

[Repealed]

11. Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989

[Repealed]

11A. Appointment of deputies

[Repealed]

11B. Status of deputies

[Repealed]

11C. Protection from civil liability

[Repealed]

12. Delegation of Commission’s powers

[Repealed]

13. Procedure

[Repealed]

14. Proceedings of Electoral Commission

[Repealed]

15. Annual report

[Repealed]

Part 2. Officers

16. Clerk of the Writs

[Repealed]

17. Deputy Clerk of the Writs

[Repealed]

18. Chief Electoral Officer

[Repealed]

19. Deputy Chief Electoral Officer

[Repealed]

20. Electoral officials

[Repealed]

Electoral commission

20A. Electoral officials under direction of Electoral Commission

  1. The Electoral Commission may give oral or written directions to all or any electoral officials.
  2. Every electoral official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Electoral Commission.
Electoral commission

20B. Designation of Returning Officers

  1. For every election to be held in a district, the Electoral Commission must, by notice in writing, designate an electoral official as the Returning Officer for the district.
  2. A Returning Officer is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).

20C. Returning Officers may delegate functions, duties, or powers

A Returning Officer may delegate any of his or her functions, duties, or powers, except this power of delegation, to another electoral official.

20CA. Powers of delegate

  1. An electoral official to whom any functions, duties, or powers of a Returning Officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the Returning Officer.
  2. An electoral official who purports to perform a function or duty or exercise a power under a delegation from a Returning Officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation.

20CB. Effect of delegation on Returning Officer

No delegation under section 20C—

  1. affects or prevents the performance of any function or duty or the exercise of any power by the Returning Officer; or
  2. affects the responsibility of the Returning Officer for the actions of any electoral official acting under the delegation; or
  3. is affected by any change in the person appointed as Returning Officer.

20CC. Revocation of delegations

A delegation under section 20C may be revoked at will by—

  1. the Returning Officer by written notice to the electoral official; or
  2. any other method provided for in the delegation.
Electoral commission

20D. State sector agencies to assist with administration of elections

  1. The Electoral Commission may seek assistance from any State sector agency in order to facilitate the effective administration of elections.
  2. Any agency approached by the Electoral Commission for assistance must have regard to the public interest in a whole-of government approach to support the effective administration of elections in considering the assistance it can provide.
  3. Any assistance that a State sector agency provides must be provided in a manner that is consistent with the statutory framework establishing that agency.
  4. For the purposes of this section, a State sector agency means any part of the State services as defined in section 2 of the State Sector Act 1988, any Crown entity within the meaning of section 7 of the Crown Entities Act 2004, and any State enterprise within the meaning of the State-Owned Enterprises Act 1986.

21. Chief Registrar of Electors

[Repealed]

Electoral commission, Electoral districts

22. Registrar of Electors

  1. Each electoral district must have a Registrar of Electors to be appointed by the Electoral Commission.
  2. Every Registrar—
    1. must be an individual who is an electoral official (as defined in section 3(1)); and
    2. may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated; and
    3. must, subject to subsection (3), be stationed at an office within the electoral district of which he or she is Registrar.
  3. The Electoral Commission may appoint as the Registrar for an electoral district a person stationed at an office occupied by the Electoral Commission, by the electoral official, or by the body corporate in or by which the electoral official holds an office or is employed, and in an adjoining electoral district if, in the Electoral Commission’s opinion,—
    1. there is in the electoral district no suitable office occupied by the Electoral Commission, the electoral official, or that body corporate; or
    2. an officer more suitable for appointment is stationed at an office occupied by the Electoral Commission, the electoral official, or that body corporate in an adjoining district; or
    3. making the appointment is, for 1 or more other reasons, in the public interest.
  4. A district is, for the purposes of subsection (3), an adjoining district for another district if the boundaries of both districts—
    1. are wholly or partly shared; or
    2. are separated by no more than 2 intermediate districts.
  5. The Registrar must, under the Electoral Commission’s direction,—
    1. compile and keep, as required by this Act, the electoral roll for the Registrar’s electoral district; and
    2. carry out the functions and duties conferred and imposed on the Registrar by or under this Act.
  6. The Electoral Commission may from time to time appoint to be the Deputy Registrar for any electoral district an individual who—
    1. is an electoral official (as defined in section 3(1)); and
    2. may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated.
  7. The Deputy Registrar has and may carry out (exercise or perform), subject to the control of the Registrar for that electoral district, all of that Registrar’s powers, functions, and duties.
  8. Neither the Registrar nor his or her deputy may hold any official position in any political organisation.
  9. The powers conferred on the Electoral Commission by subsections (1) and (6) include the power to appoint a Registrar or a Deputy Registrar for a named electoral district—
    1. that is not yet in being; or
    2. in respect of which a roll has not been compiled.
  10. All appointments made under section 22 as repealed on 1 July 2012 by section 31 of the Electoral (Administration) Act 2011 and in force at the close of 30 June 2012 continue on and after 1 July 2012, and may be amended, revoked, or revoked and replaced, as if they had been made under this section.

23. Appropriation of expenses of New Zealand Post Limited

[Repealed]

24. Employees appointed by Chief Electoral Officer

[Repealed]

25. General provision as to Returning Officers

No Returning Officer shall hold any official position in any political organisation.

26. Returning Officer to make declaration

Every Returning Officer shall, before entering on the duties of his or her office, make a declaration in form 1.

Part 3. The House of Representatives

First chamber selection

27. Members of Parliament

The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1956 or this Act, and who shall be known as members of Parliament.

Subpart 1. Representation Commission

28. Representation Commission

  1. Electoral districts
    In order to provide for the periodical readjustment of the representation of the people of New Zealand in the House of Representatives, there shall be a commission to be known as the Representation Commission.
  2. The Commission shall consist of—
    1. the Surveyor-General:
    2. the Government Statistician:
    3. the Chief Electoral Officer:
    4. the Chairperson of the Local Government Commission:
    5. 2 persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council, on the nomination of the House of Representatives, as members of the Commission, 1 of those members being nominated to represent the Government and 1 to represent the Opposition:
    6. 1 person (not being a public servant directly concerned with the administration of this Act or a member of the House of Representatives), who shall be appointed as a member of the Commission by the Governor-General by Order in Council, on the nomination of the members of the Commission who hold office under paragraph (a) or paragraph (b) or paragraph (c) or paragraph (e), or a majority of them, to be the Chairperson of the Commission.
  3. Electoral districts
    For the purposes of determining the boundaries of the Maori electoral districts, the Commission shall consist not only of the members specified in subsection (2) but also of—
    1. the chief executive of Te Puni Kokiri:
    2. 2 persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council on the nomination of the House of Representatives as members of the Commission, 1 of those members being nominated to represent the Government and 1 to represent the Opposition.
  4. Each of the persons appointed under subsection (3)(b) shall be a Maori.
  5. Notwithstanding subsection (2)(d), the Chairperson of the Local Government Commission shall not be entitled to vote on any matter before the Commission, and shall not be regarded as a member of the Commission for the purpose of forming part of a quorum pursuant to section 43(1).

29. Term of office

The Chairperson and every member of the Commission who holds office under section 28(2)(e) or section 28(3)(b), unless he or she sooner ceases to be a member as provided in section 30, shall cease to be a member on the date on which the first periodical census of population is taken after the date of his or her appointment.

30. Extraordinary vacancies

The Chairperson or any member of the Commission who holds office under section 28(2)(e) or section 28(3)(b) may resign his or her appointment by writing addressed to the Governor-General, in which case, or in case of any such member being convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or of his or her refusing to act, or of his or her death or mental or physical incapacity, or of his or her absence from New Zealand when his or her services are required, the Governor-General may, by Order in Council, appoint another person in his or her stead on the same nomination as in the case of the original appointment: provided that, if Parliament is not in session at the time, an appointment of a member to represent the Government or the Opposition may be made on the nomination of the Prime Minister or of the Leader of the Opposition, as the case may be.

31. Remuneration and travelling allowances

There shall be paid out of money appropriated by Parliament for the purpose to the Chairperson and each member of the Commission who holds office under section 28(2)(e) or section 28(3)(b) remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly, and the Commission shall be a statutory board for the purposes of that Act.

32. Deputies of appointed members

  1. In this section appointed member means a member of the Commission appointed under section 28(2)(e) or section 28(2)(f) or section 28(3)(b).
  2. Any appointed member may from time to time, by writing under his or her hand, appoint any person to be the deputy of that appointed member.
  3. No person other than a Maori shall be appointed under this section as the deputy of a member of the Commission appointed under section 28(3)(b).
  4. The deputy of any appointed member may exercise the powers conferred on that appointed member by this Act during any period when that appointed member is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.
  5. The deputy of the appointed member who holds office as the Chairperson of the Commission shall, in addition, have authority to act as Chairperson of the Commission during any period when the Chairperson of the Commission is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.
  6. Every deputy appointed under this section shall hold office during the pleasure of the appointed member by which that deputy was appointed.
  7. No act done by any deputy appointed under this section in that capacity, and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.

33. Deputies of ex officio members

  1. Where the Chairperson of the Local Government Commission is unable or likely to be unable to perform his or her duties as a member of the Representation Commission because of illness, absence, or any other reason, and it appears to the Minister of Local Government that the inability to perform the duties is likely to continue for a period of more than 14 days, the Minister of Local Government may appoint a deputy (who shall be another member of the Local Government Commission) to perform all the functions, duties, and powers of the Chairperson of the Local Government Commission in his or her capacity as a member of the Representation Commission.
  2. The Deputy Surveyor-General appointed pursuant to section 8 of the Survey Act 1986 shall have and may exercise, subject to the control of the Surveyor-General, all the functions, duties, and powers of the Surveyor-General in his or her capacity as a member of the Commission.
  3. Any Deputy Government Statistician appointed pursuant to section 17 of the Statistics Act 1975 shall have and may exercise, subject to the control of the Government Statistician, all the functions, duties, and powers of the Government Statistician in his or her capacity as a member of the Commission.
  4. The Deputy Electoral Commissioner appointed under section 4I as the deputy for the Chief Electoral Officer has and may exercise, subject to the control of the Chief Electoral Officer, all the functions, duties, and powers of the Chief Electoral Officer in his or her capacity as a member of the Commission.
  5. Where the chief executive who holds office under section 28(3)(a) as a member of the Commission is unable or likely to be unable to perform his or her duties as such a member because of illness, absence, or any other reason, or where there is a vacancy in the position of that chief executive, that chief executive or any acting chief executive acting under section 40(1) of the State Sector Act 1988 may appoint a deputy nominated by the chief executive to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission.
  6. Every deputy appointed under subsection (1) or subsection (5) shall hold office during the pleasure of the person by which that deputy was appointed.
  7. No act done by any deputy to which this section applies and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.
  8. Nothing in section 41(1) of the State Sector Act 1988 authorises a chief executive or acting chief executive or deputy of a chief executive to delegate to any other person any of the functions, duties, or powers of the chief executive or acting chief executive or deputy of the chief executive in his or her capacity as a member of the Representation Commission.

34. Submissions

Any political party to which a member of Parliament belongs and any independent member of Parliament and any political party whose candidates have, at the immediately preceding general election, obtained 5% or more of the valid votes cast by electors at that general election may make submissions to the Commission in relation to the matters to be considered by the Commission under section 35(3) or section 45(6).

Electoral districts

35. Division of New Zealand into General electoral districts

  1. 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 and section 269.
  2. The Commission—
    1. shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and
    2. Census
      shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and
    3. Census
      shall effect such subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion.
  3. Subject to section 269, each division effected under subsection (1) shall be effected on the following basis:
    1. the South Island shall be divided into 16 General electoral districts:
    2. the General electoral population of the South Island shall be divided by 16, and the quotient so obtained shall be the quota for the South Island:
    3. the General electoral population of the North Island shall be divided by the quota for the South Island, and the quotient so obtained shall be the number of General electoral districts in the North Island. Where that quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of such General electoral districts shall be the whole number next above that quotient:
    4. the quota for the North Island shall be ascertained by dividing the General electoral population of that Island by the number of General electoral districts in that Island, as ascertained under paragraph (c):
    5. the extent of each General electoral district in each Island shall be such that, at the time of making the division, the General electoral population of the General electoral district shall, subject to the provisions of paragraphs (f) and (g) and to the provisions of section 36 as to the allowance, be equal to the quota for that Island:
    6. in forming the several General electoral districts, due consideration shall be given to—
      1. the existing boundaries of General electoral districts; and
      2. community of interest; and
      3. facilities of communications; and
      4. topographical features; and
      5. any projected variation in the General electoral population of those districts during their life:
    7. no General electoral district shall be situated partially in the North Island and partially in the South Island.
  4. Census
    As soon as possible after each periodical census, the Surveyor-General shall call a meeting of the members of the Commission who hold office under any of the provisions of paragraphs (a) to (e) of section 28(2) for the purpose of nominating a Chairperson of the Commission.
  5. Census, Electoral commission
    As soon as possible after each periodical census and each period specified in a notice published under section 77(2), the Electoral Commission shall supply the Government Statistician with the information that the Electoral Commission is required to supply to the Government Statistician under section 77(6).
  6. Census
    When the Government Statistician—
    1. has the results of the census; and
    2. has been supplied by the Electoral Commission with the information that the Electoral Commission is required, under section 77(6), to supply to the Government Statistician as soon as practicable after the last day of the period specified in the notice published under section 77(2),—

    the Government Statistician shall thereupon report the results of the census and his or her calculation of the Maori electoral population as at the close of the last day of that period to the Surveyor-General and to the other members of the Commission.

  7. Upon receipt of the report of the Government Statistician, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the electoral districts, and shall then call a meeting of the Commission.
  8. The report so made by the Government Statistician, and the maps so prepared by the Surveyor-General, shall be sufficient evidence as to the General electoral population of New Zealand or of the North Island or of the South Island or of any district.
Electoral districts

36. Allowance for adjustment of quota

Where, in the opinion of the Commission, General electoral districts cannot be formed consistently with the considerations provided for in section 35 so as to contain exactly the quota, the Commission may for any General electoral district make an allowance by way of addition or subtraction of General electoral population to an extent not exceeding 5%.

Electoral districts

37. Classification of electoral districts for purposes of pay or allowances

The Representation Commission, if it is informed by the Remuneration Authority that it requires the districts to be classified for the purposes of determining salaries or allowances or both under the Remuneration Authority Act 1977, shall classify those districts in accordance with the categories given to it by the Remuneration Authority.

Electoral districts

38. Notice of proposed boundaries and classification

  1. When the Commission proposes to make a division under section 35 or section 45, it shall publish in the Gazette a notice—
    1. stating places at which the public may inspect, without charge,—
      1. the names, and a description of the boundaries, of the proposed districts; and
      2. any classification of the proposed districts that is required for the purposes of the Remuneration Authority Act 1977; and
      3. a summary, in respect of each proposed district, of the reasons why the boundaries described are being proposed; and
    2. stating the last date on which the Commission will receive written objections to the proposed boundaries or any of them and to the proposed names or any of them and to the proposed classification (if any) (which date shall be not less than 1 month after the date of the publication of the notice in the Gazette).
  2. The boundaries fixed by the Commission in respect of the proposed districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those proposed boundaries accurately.
  3. The places stated pursuant to subsection (1)(a) shall include the office of each Registrar of Electors.
  4. Any failure to comply with subsection (1)(a)(iii) shall not of itself invalidate any decision or proceedings of the Commission.
  5. Where any objections are received under subsection (1)(b), the Commission shall publish in the Gazette a notice—
    1. containing a summary of the objections; and
    2. stating a place or places at which the objections are available for public inspection; and
    3. stating the last date on which the Commission will receive written counter-objections to those objections or any of them (which date shall not be less than 2 weeks after the date of the publication of the notice in the Gazette).
  6. The Commission shall, before coming to a final determination, duly consider any objections lodged under subsection (1)(b) and any counter-objections lodged under subsection (4).
Electoral districts

39. Communications to officials

  1. When, after the gazetting, pursuant to section 38, of a notice stating places (which shall include the office of each Registrar of Electors) at which the public may inspect, without charge, a description of the boundaries of the proposed districts, the Commission makes a determination relating to the boundaries of any district, the Surveyor-General must communicate the details of that determination to the Electoral Commission and such other entities or persons directly concerned with the administration of this Act as have been specified by the Representation Commission by name or by position or by the functions they perform.
  2. Any entity or person to whom information is communicated pursuant to subsection (1) shall use that information only for the purposes of this Act.
Electoral districts

40. Report of Commission

  1. The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) or, in the case of the meeting called pursuant to section 269(4), within 8 months after the date of that meeting,—
    1. report to the Governor-General the names and boundaries of the electoral districts fixed by the Commission; and
    2. publish in the Gazette a notice—
      1. stating that the Commission has fixed the names and boundaries of the electoral districts; and
      2. stating that the names and boundaries of the electoral districts fixed by the Commission are available for public inspection; and
      3. stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places shall include the office of each Registrar of Electors).
  2. The boundaries of the electoral districts fixed by the Commission shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately.
  3. From the date of the gazetting of the notice required by subsection (1)(b), the electoral districts fixed by the report shall be the electoral districts of New Zealand for the purpose of the election of members of Parliament after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette of the notice required by subsection (1)(b) in respect of that report.
Electoral districts

41. Report and maps to be laid before House of Representatives

  1. A copy of every report of the Commission, together with properly authenticated maps of the electoral districts fixed by the report, shall be presented by the Governor-General to the House of Representatives within 3 sitting days after the date of the receipt thereof if Parliament is then in session, and, if not, then within 3 sitting days after the date of the commencement of the next ensuing session.
  2. The Minister shall, forthwith after every report of the Commission is presented to the Governor-General, cause to be deposited in the office of the Clerk of the House of Representatives properly authenticated maps of the electoral districts fixed by the report.
Electoral districts

42. Indexes of streets and places

  1. The Surveyor-General—
    1. shall, as soon as practicable after the gazetting of a notice under section 40(1)(b), compile, in respect of each electoral district, an index of streets and places within that district; and
    2. shall compile from time to time, a comprehensive index which shall contain the names of all streets and places in New Zealand and which shall show the electoral district or electoral districts in which each street or place is to be found.
  2. At the office of each Registrar and at such other convenient places within each district as the Minister from time to time directs, there shall be kept, for inspection by the public,—
    1. a copy of the index compiled in respect of that district under subsection (1)(a); and
    2. a copy of the index compiled under subsection (1)(b).
  3. Copies of each index compiled under subsection (1)(a) shall be sold by the department within the meaning of section 2 of the Survey Act 1986.
  4. Copies of each index compiled under subsection (1)(b) in respect of an electoral district shall be sold at every office of the department within the meaning of section 2 of the Survey Act 1986 and at such other convenient places as the Electoral Commission from time to time directs.

43. Proceedings of Commission

  1. Any 4 members of the Commission, of whom 2 are the members holding office under section 28(2)(e), shall be a quorum, and may exercise all functions vested in the Commission.
  2. The Commission may make such rules for the conduct of its business, not inconsistent with the provisions of this Act, as it thinks fit.
Eligibility for first chamber

44. Commissioner not eligible as member of House of Representatives

No member of the Commission shall, within 2 years after he or she ceases to be a member, be capable of being elected to be a member of the House of Representatives.

Subpart 2. Maori representation

Electoral districts

45. Maori representation

  1. It shall be the duty of the Commission, for the purpose of the representation of the Maori people in the House of Representatives, to divide New Zealand into Maori electoral districts from time to time in accordance with this section and section 269.
  2. The Commission—
    1. shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and
    2. Census
      shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and
    3. Census
      shall effect each subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion.
  3. Subject to section 269, each division effected under subsection (1) shall be effected on the following basis:
    1. the Maori electoral population of New Zealand shall be divided by the quota for General electoral districts in the South Island determined pursuant to section 35(3)(b), and the quotient so obtained shall be the number of Maori electoral districts:
    2. where the quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of Maori electoral districts shall be the next whole number above the quotient:
    3. subject to subsection (7), the Maori electoral districts shall each contain an equal number of members of the Maori electoral population.
  4. Upon receipt of the report of the Government Statistician under section 35(6), the Surveyor-General shall prepare maps showing the distribution of the Maori electoral population and provisional boundaries for the Maori electoral districts.
  5. The report so made by the Government Statistician and the maps so prepared by the Surveyor-General shall be sufficient evidence as to the Maori electoral population.
  6. In dividing the Maori electoral population equally between the Maori electoral districts, due consideration shall be given to—
    1. the existing boundaries of the Maori electoral districts; and
    2. community of interest among the Maori people generally and members of Maori tribes; and
    3. facilities of communications; and
    4. topographical features; and
    5. any projected variation in the Maori electoral population of those districts during their life.
  7. Where, in the opinion of the Commission, the Maori electoral population cannot, consistently with the considerations provided for in subsection (6), be divided equally between the Maori electoral districts, the Commission may for any district make an allowance by way of addition or subtraction of Maori electoral population to an extent not exceeding 5%.
  8. Due notice of the issuing of the proposed names and boundaries of the Maori electoral districts shall be given in the Gazette and section 38, with all necessary modifications, shall apply accordingly.
  9. The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) or, in the case of the meeting called pursuant to section 269(4), within 8 months after the date of that meeting,—
    1. report to the Governor-General the names and boundaries of the Maori electoral districts fixed by the Commission; and
    2. publish in the Gazette a notice—
      1. stating that the Commission has fixed the names and boundaries of the Maori electoral districts; and
      2. stating that the names and boundaries of the Maori electoral districts fixed by the Commission are available for public inspection; and
      3. stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places shall include the office of each Registrar of Electors).
  10. The boundaries fixed by the Commission in respect of the Maori electoral districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately.
  11. From the date of the gazetting of the notice required by subsection (9)(b), the boundaries of the Maori electoral districts as fixed by the report shall be the boundaries of the Maori electoral districts for the purpose of the election of members of Parliament for those districts after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette of that notice required by subsection (9)(b) in respect of that report.
  12. Notwithstanding the foregoing provisions of this section or of any other provision of this Act,—
    1. if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that does not require the division of New Zealand into a Maori electoral district or districts, New Zealand shall not be divided into a Maori electoral district or districts and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications; and
    2. if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that requires the division of New Zealand into 1 Maori electoral district, the foregoing provisions of this section and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications.

Subpart 3. Chatham Islands

Electoral districts

46. Electoral districts for and polling in Chatham Islands

  1. The area comprised in the Chatham Islands shall be included in such General electoral district and Maori electoral district as the Representation Commission thinks fit, after giving due consideration to the matters contained in sections 35(3)(f) and 45(6).
  2. For the purposes of sections 35, 45, and 269, the General electoral population and Maori electoral population of the Chatham Islands shall be treated—
    1. as part of the General electoral population and Maori electoral population of New Zealand; and
    2. as part of the General electoral population or Maori electoral population, as the case may require, of the General electoral district or Maori electoral district within which the Chatham Islands are included; and
    3. in the case of the General electoral population, as part of the General electoral population of the South Island and, in the case of the Maori electoral population, as part of the Maori electoral population of the North Island.
  3. In any case where the Commission has determined the number of General electoral districts in both the North Island and the South Island, and has, in doing so, applied the provisions of subsection (2)(c),—
    1. the Commission shall not be precluded from including the Chatham Islands in a General electoral district or Maori electoral district, as the case may require, that is located, either in whole or in part, in a different Island to that in which the General electoral population or the Maori electoral population of the Chatham Islands has been included pursuant to subsection (2)(c); and
    2. the Commission shall not, by reason of the application of paragraph (a), reconsider its determination of the number of General electoral districts in either the North Island or the South Island.

Subpart 4. Qualifications of candidates and members

Eligibility for first chamber

47. Registered electors may be members, unless disqualified

  1. Subject to the provisions of this Act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of Parliament, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person’s name in a party list submitted pursuant to section 127.
  2. Notwithstanding anything in subsection (1), if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected.
  3. Regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a New Zealand citizen.
Eligibility for first chamber

47A. Certain persons disqualified from candidacy

The following persons are not qualified to be a candidate or to be elected as a member of Parliament:

  1. an Electoral Commissioner:
  2. a Deputy Electoral Commissioner:
  3. a Returning Officer.

48. Offence for public servant or Returning Officer to sit

Every member of Parliament who sits or votes therein after his or her seat has become vacant by reason of that member having become a public servant or having been appointed as a Returning Officer, knowing that his or her seat is so vacant, shall be liable on conviction to a fine not exceeding $400.

49. Candidate not disqualified if name removed from roll without cause

  1. This section applies to a person—
    1. who is qualified to be registered as an elector of an electoral district; and
    2. whose name was entered on the electoral roll for that district; but
    3. whose name has been subsequently removed from that electoral roll through no fault or failure of that person.
  2. A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament.
  3. However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that—
    1. he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and
    2. his or her name was removed from the electoral roll for that district through no fault or failure of his or her own.
  4. A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to—
    1. the Returning Officer, if the person was nominated as a constituency candidate by registered electors under section 143; or
    2. the party secretary, if the person is to be nominated as—
      1. a constituency candidate by the party secretary under section 146D; or
      2. a list candidate.

50. Effect of registration on wrong roll

The nomination of any person as a candidate for election, or his or her election as a member of Parliament, shall not be questioned on the ground that, though entitled to be registered as an elector of any district, that person was not in fact registered as an elector of that district but was registered as an elector of some other district.

51. Member ceasing to be elector

A member of Parliament ceasing to be registered as an elector shall not from that cause only be disqualified from sitting as a member.

52. Candidacy and election of State servants

  1. Outside professions of legislators
    In this section, the term State servant—
    1. means—
      1. a public servant; and
      2. any other person whose conditions of employment are prescribed under, or are required by any enactment to be prescribed in accordance with or having regard to provisions of, the State Sector Act 1988; and
    2. includes employees of the New Zealand Police.
  2. Any State servant who desires to become a candidate for election as a member of Parliament shall be placed on leave of absence for the purposes of his or her candidature.
  3. Subject to subsection (4), the period of leave shall commence on nomination day, and, in the event of his or her nomination as a constituency candidate or of the inclusion of his or her name in a list submitted under section 127, shall continue until the first working day after polling day, unless, in any case where he or she is a constituency candidate, he or she withdraws his or her nomination.
  4. Where the employer of any State servant is satisfied that the State servant desires to become a candidate and that the candidacy will materially affect the ability of that State servant—
    1. to carry out satisfactorily his or her duties as a State servant; or
    2. to be seen as independent in relation to particular duties,—

    the period of leave shall, if the employer so determines after consultation with the State servant, commence before nomination day on a day appointed by the employer.

  5. During the period of his or her leave, the State servant shall not be required or permitted to carry out any of his or her official duties, nor shall he or she be entitled to receive any salary or other remuneration as a State servant in respect of that period or any part thereof, except to the extent to which he or she takes during that period any leave with pay to which he or she is entitled:

    provided that a candidate who, at the time of his or her nomination or of the inclusion of his or her name in a list submitted under section 127, is a member of the staff of a university or a university college or a technical institute or a community college or a teachers college may continue to teach or supervise the studies of students at that university or university college or technical institute or community college or teachers college who are preparing for an examination and may engage in marking the examination papers of such students, and may receive remuneration in respect of such teaching, supervision, and marking.

  6. Except as provided in the foregoing provisions of this section, a candidate’s rights as a State servant shall not be affected by his or her candidature.

53. Members disqualified from being State servants

  1. Outside professions of legislators
    In this section, the term State servant has the meaning given to it by section 52(1).
  2. Outside professions of legislators
    If any State servant is elected as a member of Parliament, he or she shall forthwith on being declared so elected, be deemed, subject to subsections (3) to (6), to have vacated his or her office as a State servant.
  3. Where a person who has been declared elected as the result of a poll is not the person declared elected on an amended declaration of the result of that poll or where, at the conclusion of the trial of an election petition, the High Court or Court of Appeal determines that the person whose election or return was complained of was not duly elected or returned or that the election at which that person was elected or returned was void, that person,—
    1. if he or she was a State servant when he or she was declared to be elected; and
    2. if by written election, given to his or her former employer within 1 month after the amended declaration or the determination of the High Court or Court of Appeal, he or she elects to be reinstated in his or her former office as a State servant,— he or she shall, on the date on which his or her election is so given to his or her employer, be deemed, subject to subsections (4) to (6), to have been reinstated in his or her office as a State servant.
  4. Nothing in this section shall entitle any person who is reinstated in office as a State servant to receive any salary or other remuneration as a State servant in respect of the period or any part of the period beginning on the day after the date on which he or she vacated office under subsection (2) and ending with the day before the date on which he or she resumed office under subsection (3).
  5. Where the position that the person held at the date on which he or she vacated office has been filled or where that position no longer exists, that person shall, on his or her reinstatement, be employed, where practicable and at the discretion of his or her employer, in a position that involves duties and responsibilities which are the same or substantially the same as those of the position held at the time of vacation of office.
  6. Subject to subsection (4), where a person is reinstated in office under this section,—
    1. his or her service, for the purpose of any rights and benefits that are conditional on unbroken service, shall not be broken by the period of vacation of office; and
    2. the period of vacation of office shall count—
      1. as time served under his or her contract of employment; and
      2. subject to payment of his or her contributions, as service for the purpose of any superannuation scheme to which he or she belongs in his or her capacity as a State servant.

Subpart 5. Term of office of member of Parliament

First chamber selection

54. Term of office of member of Parliament

  1. Where an election is held for any electoral district, the person whose name is endorsed on the writ issued for the election as the person declared to be elected shall, subject to this Act,—
    1. come into office as the member of Parliament for that electoral district on the day after the day of the return of that writ; and
    2. Electoral commission
      vacate that office at the close of polling day at the next general election.
  2. Where any person whose name is entered on a party list submitted pursuant to section 127, is declared by the Electoral Commission to be elected as a member of Parliament, the person shall, subject to this Act,—
    1. come into office on the date after the date of the return made by the Electoral Commission pursuant to section 193; and
    2. vacate that office at the close of polling day at the next general election.

Subpart 6. Vacancies

Removal of individual legislators

55. How vacancies created

  1. The seat of any member of Parliament shall become vacant—
    1. if, otherwise than by virtue of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, for one whole session of Parliament he or she fails, without permission of the House of Representatives, to give his or her attendance in the House; or
    2. if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign State, foreign Head of State, or foreign Power, whether required on appointment to an office or otherwise; or
    3. if he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or
    4. if he or she ceases to be a New Zealand citizen; or
    5. if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as—
      1. a member of Parliament (or other governing body) of a country, State, territory, or municipality, in any country other than New Zealand; or
      2. a member of any governing body of any association of countries, States, territories, or municipalities exercising governing powers, of which New Zealand is not a member (for example, the European Union); or
    6. if he or she is convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or is convicted of a corrupt practice, or is reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or
    7. if he or she becomes a public servant; or
    8. if he or she is appointed as a Returning Officer; or
    9. if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or
    10. if on an election petition the High Court or Court of Appeal declares his or her election void; or
    11. if he or she dies; or
    12. if he or she becomes mentally disordered, as provided in section 56.
    13. [Repealed]
  2. Notwithstanding anything in subsection (1)(c), where a member of Parliament marries a person who is a subject or citizen of a foreign State or Power and the laws of that foreign State or Power confer on that member of Parliament by reason of that marriage, citizenship of that foreign State or Power or the rights, privileges, or immunities of a subject or citizen of that foreign State or Power, the seat of a member of Parliament shall not become vacant by reason only of the marriage.
Removal of individual legislators

55AA. Dual or multiple citizenship permissible in certain circumstances

Despite section 55(1)(b) and (c), the seat of a member of Parliament does not become vacant by reason only of the member—

  1. becoming a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, by reason only of the member’s—
    1. country or place of birth; or
    2. descent; or
  2. renewing a passport or travel document that was issued to him or her by a foreign State or Power before the member took office.

55A. Member ceasing to be parliamentary member of political party

[Expired]

55B. Notice from member

[Expired]

55C. Notice from parliamentary leader of party

[Expired]

55D. Form of statement to be made by parliamentary leader

[Expired]

55E. Definitions

[Expired]

Removal of individual legislators

56. Member becoming mentally disordered

  1. Where a member of Parliament is, or is deemed to be, subject to a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the court by which the order is made shall, as soon as may be, give a notice to the Speaker of the making of the order.
  2. Where a member of Parliament is received or detained in a hospital in accordance with an inpatient order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the person in charge of that hospital shall, as soon as may be, give notice to the Speaker of the reception or detention.
  3. Where the Speaker receives a notice under subsection (1) or subsection (2), the Speaker shall forthwith transmit the notice to the Director-General of Health, who, together with some medical practitioner named by the Speaker, shall without delay visit and examine the member to whom the notice relates, and shall report to the Speaker whether the member is mentally disordered.
  4. If the report is to the effect that the member is mentally disordered the Speaker shall, at the expiration of 6 months from the date of the report if Parliament is then in session, and, if not, then as soon as may be after the date of the commencement of the next ensuing session, require the said Director-General, together with the said medical practitioner or some other medical practitioner named by the Speaker, again to visit and examine the member; and, if they report that he or she is still mentally disordered, the Speaker shall forthwith lay both reports before the House of Representatives, and thereupon the seat of the member shall be vacant.
  5. Every person having charge of any hospital in which any member of Parliament is so received or detained, who wilfully commits a breach of subsection (2) shall be liable on conviction to a fine not exceeding $2,000.

57. Registrar of court to notify cause of vacancy in certain cases

  1. The Registrar of the court in which any member of Parliament has been convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or has been convicted of a corrupt practice, shall, within 48 hours after the conviction, notify the fact to the Speaker.
  2. Every person commits an offence and shall be liable on conviction to a fine not exceeding $100 who, being the Registrar of a court, fails to send any notice required by subsection (1).

58. Registrar of Births and Deaths to notify Speaker of death of member

  1. The Registrar of Births and Deaths by whom the death of any member of Parliament is registered shall, within 12 hours of making the registration, notify the fact to the Speaker.
  2. Every person commits an offence and shall be liable on conviction to a fine not exceeding $100 who, being a Registrar of Births and Deaths, fails to send any notice required by subsection (1).

59. No person to be candidate for more than 1 district or on more than 1 list

  1. No person shall at any general election be—
    1. Electoral districts
      a candidate for more than 1 electoral district; or
    2. a candidate whose name is included on more than 1 party list submitted pursuant to section 127.
  2. If 2 or more by-elections are held on the same polling day, no person shall be a candidate at more than 1 of those by-elections.
  3. Electoral districts
    At any general election, any person may be both—
    1. a candidate for any one electoral district; and
    2. a candidate whose name is included on any one party list submitted pursuant to section 127.
  4. If any person breaches subsection (1) or subsection (2), all nominations of that person as a candidate for those districts, party lists, or by-elections, as the case may be, shall be void, and any deposits made by him or her or on his or her behalf shall be forfeited and be paid into a Crown Bank Account.

Subpart 7. Persons qualified to vote

60. Who may vote

Subject to the provisions of this Act, the following persons, and no others, shall be qualified to vote at any election in any district, namely,—

  1. any person whose name lawfully appears on the main roll or any supplementary roll for the district and who is qualified to be registered as an elector of the district:
  2. any person—
    1. who is qualified to be registered as an elector of the district; and
    2. who is registered as an elector of the district as a result of having applied for registration as an elector of the district before polling day:
  3. any person who is qualified to be registered as an elector of the district, and was at the time of the last preceding election duly registered as an elector of the district or, where a change of boundaries has intervened, of some other district in which his or her then place of residence within the first-mentioned district was then situated:
  4. any person—
    1. who is qualified to be registered as an elector of the district; and
    2. who is registered as an elector of the district as a result of having applied, since the last preceding election and before polling day, for registration as an elector of the district or, where a change of boundaries has intervened, of some other district in which that person’s then place of residence within the first-mentioned district was then situated:
  5. any person who is qualified to be registered as an elector of the district pursuant to section 74 and who resides on Campbell Island or Raoul Island or has resided on either of those Islands at any time in the 1 month before polling day:
  6. any member of the Defence Force who is outside New Zealand, if he or she is or will be of or over the age of 18 years on polling day, and his or her place of residence immediately before he or she last left New Zealand is within the district.

61. Special voters

  1. A person who is qualified to vote at any election in any district may vote as a special voter if—
    1. that person’s name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll:
    2. the person intends to be absent or is absent from the district on polling day:
    3. the person intends to be outside New Zealand on polling day or is outside New Zealand on polling day:
    4. the person is, by reason of illness, infirmity, pregnancy, or recent childbirth, unable to attend to vote at any polling place in the district:
    5. the person is, by reason of a religious objection, unable to attend to vote on the day of the week on which polling day falls:
    6. the person satisfies the Returning Officer or issuing officer that on any other ground it will not be practicable for that person to vote at a polling place in the district without incurring hardship or serious inconvenience.
  2. A person who is registered as an elector of a Maori electoral district and who is qualified to vote at any election in that district may vote as a special voter not only on the grounds set out in subsection (1) but also on the ground that the person attends to vote on polling day at a polling place that is not a polling place for that district.
  3. A person whose name appears on the main roll or any supplementary roll for an electoral district and who is qualified to vote at an election in that district may vote as a special voter if the person—
    1. applies to vote in person before polling day; and
    2. does so within that district or at an office maintained by the Returning Officer of that district.

Part 4. Registration of political parties and party logos

Subpart 1. Registration of political parties

62. Register of Political Parties

  1. Subject to this Part, an eligible political party may be registered for the purposes of this Act.
  2. Electoral commission
    The Electoral Commission shall establish and maintain a Register, to be known as the Register of Political Parties, containing a list of the political parties registered under this Part.

63. Application for registration

  1. An application for the registration of an eligible political party may be made to the Electoral Commission—
    1. by the secretary of the party; or
    2. by any member of Parliament who is a current financial member of that party.
  2. An application for the registration of an eligible political party—
    1. shall be in writing; and
    2. shall be signed by the applicant; and
    3. Restrictions on political parties
      must—
      1. set out the name of the party; and
      2. if the party wishes to be able to use for the purposes of this Act an abbreviation of its name, set out the name of that abbreviation; and
      3. set out the name and address of the applicant and the capacity in which he or she makes the application; and
      4. if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and
      5. set out the name and address of the person eligible under section 206K who is to be appointed as the auditor of the party, and be accompanied by that person’s signed consent to the appointment; and
      6. be accompanied by evidence, in a form approved by the Electoral Commission, that the party has at least 500 current financial members who are eligible to enrol as electors; and
      7. be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957 that the party has at least 500 current financial members who are eligible to enrol as electors; and
      8. [Repealed]
    4. must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must state that the party intends, at general elections,—
      1. to submit a list of candidates under section 127; or
      2. to have 1 or more constituency candidates stand for the party or for a related political party; or
      3. both; and
    5. shall be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration shall—
      1. state whether the party is a party in respect of which there are 1 or more component parties; and
      2. where the party has 1 or more component parties, state the name of each component party; and
    6. must be accompanied by the application fee payable under section 63A.
  3. Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party can be registered.
  4. Notwithstanding subsection (3), the Electoral Commission shall not be obliged to deal with any application for registration if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party and the Electoral Commission is satisfied that the application is made by that person on behalf of the party.
  5. [Repealed]

63A. Application fee

  1. The fee payable on making an application under section 63 is $500 (inclusive of goods and services tax).
  2. The fee must be paid by—
    1. direct credit to a bank account nominated by the Electoral Commission; or
    2. bank cheque.

64. Times when registration prohibited

  1. At no time in the period that, in relation to a general election,—
    1. commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and
    2. ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected,—

    shall action be taken in relation to any application for the registration of a political party.

  2. [Repealed]
Restrictions on political parties

65. Parties with certain names not to be registered

The Electoral Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or any proposed abbreviation—

  1. is indecent or offensive; or
  2. is excessively long; or
  3. is likely to cause confusion or mislead electors; or
  4. contains any reference to a title or honour or similar form of identification.

65A. Certain logos not to be registered

[Repealed]

Restrictions on political parties

66. Other grounds on which registration may be refused

  1. The Electoral Commission shall refuse an application for the registration of a political party if—
    1. the application does not comply with section 63; or
    2. if it is satisfied that the party does not have 500 current financial members who are eligible to enrol as electors.
  2. Unless section 65 or subsection (1) applies, the Electoral Commission shall, subject to section 64, register the political party that is the subject of the application.
  3. [Repealed]

67. Registration

  1. Electoral commission
    Where the Electoral Commission determines that a political party should be registered, the Electoral Commission shall—
    1. register the party by entering in the Register—
      1. the name of the party; and
      2. if an abbreviation of the name of the party was set out in the application, that abbreviation; and
      3. the names of any separate political parties that are component parties of the party; and
    2. give written notice to the applicant that the Electoral Commission has registered the party; and
    3. cause notice of the registration of the party, including details of any component parties of the party, to be published in the Gazette.
    4. [Repealed]
  2. Electoral commission
    Where the Electoral Commission determines that an application for the registration of a political party should be refused, the Commission shall, as soon as reasonably practicable, and in any case not later than 10 working days after the date of the determination, give the applicant written notice that the Commission has refused the application, setting out the reasons for the refusal.
  3. It shall be the duty of the secretary of any political party registered under this Act—
    1. to supply the Electoral Commission with an address for service of all correspondence under this Part; and
    2. to notify the Electoral Commission of any changes in the address for service of correspondence; and
    3. to notify the Electoral Commission whenever a new secretary of the party is appointed; and
    4. to notify the Electoral Commission if the number of current financial members of the party who are eligible to enrol as electors falls below 500; and
    5. subject to subsection (4), to notify the Electoral Commission by way of a declaration in the manner provided by section 9 of the Oaths and Declarations Act 1957 whenever there is any change in the details recorded in the Register of Political Parties in respect of the party under subsection (1)(a)(iii).
    6. [Repealed]
  4. [Repealed]

67A. Registration of party logos

[Repealed]

68. Inspection of Register

Members of the public shall be entitled to inspect the Register of Political Parties without payment at any time between 9 am and 5 pm on any day on which the office of the Electoral Commission is open.

68A. Inspection of party logos

[Repealed]

69. Changes to Register

[Repealed]

69A. Changes to party logos

[Repealed]

Electoral commission

70. Cancellation of registration

  1. The Electoral Commission shall cancel the registration of a political party at the request of one of the persons specified in section 63(1) if satisfied that the request for cancellation is made by the applicant on behalf of the party.
  2. The provisions of section 64, with any necessary modifications, apply to every request under subsection (1).
  3. The Electoral Commission shall cancel the registration of any political party on being satisfied that the number of current financial members of the party who are eligible to enrol as electors has fallen below 500.
  4. For the purposes of exercising the powers conferred on it by subsection (2), the Electoral Commission may require a political party to supply to it a list of the party’s current financial members within any reasonable time that the Electoral Commission specifies.
  5. Where the Electoral Commission cancels the registration of any political party, it shall, as soon as reasonably practicable, and in any event not later than 10 working days after the date of the cancellation,—
    1. give, where the cancellation was effected under subsection (1), written notice of the cancellation to both the applicant for cancellation and the secretary of the political party:
    2. give, where the cancellation was effected under subsection (2), written notice of the cancellation to the secretary or the last-known secretary of the political party, which written notice shall set out the reasons for the cancellation:
    3. cause notice of the cancellation to be published in the Gazette.

70A. Cancellation of registration of party logo

[Repealed]

Restrictions on political parties

71. Requirement for registered parties to follow democratic procedures in candidate selection

Every political party that is for the time being registered under this Part shall ensure that provision is made for participation in the selection of candidates representing the party for election as members of Parliament by—

  1. current financial members of the party who are or would be entitled to vote for those candidates at any election; or
  2. delegates who have (whether directly or indirectly) in turn been elected or otherwise selected by current financial members of the party; or
  3. a combination of the persons or classes of persons referred to in paragraphs (a) and (b).
Restrictions on political parties

71A. Obligation to provide annual declaration regarding party

The secretary of any political party registered under this Act must ensure that the Electoral Commission receives by 30 April in each year a declaration made by the secretary in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must—

  1. state that the party intends, at general elections,—
    1. to submit a list of candidates under section 127; or
    2. to have 1 or more constituency candidates stand for the party or for a related political party; or
    3. both; and
  1. state whether the party has at least 500 current financial members who are eligible to enrol as electors.
Restrictions on political parties

71B. Obligation to provide copy of party membership rules and candidate selection rules

  1. The secretary of any political party registered under this Act must supply the Electoral Commission with the following:
    1. a copy of the rules governing membership of the party:
    2. a copy of the rules governing the selection of persons to represent that party as candidates for election as members of Parliament:
    3. a copy of any changes to the rules referred to in paragraph (a) or paragraph (b).
  2. The copies required by subsection (1)(a) and (b) must be supplied within 1 month after notice of the registration of the party is notified in the Gazette in accordance with section 67(1)(c).
  3. The copies required by subsection (1)(c) must be supplied within 1 month after the date on which the changes to the rules are adopted by the party.
  4. Members of the public are entitled to inspect the documents supplied to the Electoral Commission under this section. They may inspect them, without payment, at any time between 9 am and 5 pm on any day on which the office of the Electoral Commission is open.

Subpart 2. Registration of party logos

71C. Application for registration of party logo

  1. An application may be made to the Electoral Commission to register the logo of a political party if the political party—
    1. is registered under subpart 1; or
    2. is unregistered, but an application has been made under subpart 1 to register that party and that application has not been determined by the Electoral Commission.
  2. An application to register a party logo—
    1. may be made by—
      1. the secretary of the party; or
      2. any member of Parliament who is a current financial member of the party; and
    2. must—
      1. be in writing; and
      2. be signed by the applicant; and
      3. be accompanied by—
        1. 2 identical representations of the party logo in a form satisfactory to the Electoral Commission that show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and
        2. a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and
      4. be accompanied by a declaration, made by the applicant in the manner provided for by section 9 of the Oaths and Declarations Act 1957, that the use of the logo by the political party will not be an infringement of an intellectual property right of any person, or a breach of any enactment; and
      5. set out—
        1. the name and address of the applicant, and the capacity in which he or she makes the application; and
        2. the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.
  3. Electoral commission
    On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.
  4. Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission—
    1. receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and
    2. is satisfied the written notice is given by that person on behalf of the party.
Electoral commission

71D. Grounds on which registration refused

  1. The Electoral Commission must refuse an application to register the logo of a political party if—
    1. the Electoral Commission has determined that the political party’s application for registration should be refused (in the case of an application made under section 71C(1)(b)); or
    2. the application does not comply with—
      1. section 71C(2)(b)(iii); or
      2. section 71C(2)(b)(iv); or
    3. the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv) is not correct; or
    4. Restrictions on political parties
      the Electoral Commission is of the opinion that the logo—
      1. is indecent; or
      2. is offensive; or
      3. is likely to cause confusion or mislead electors; or
      4. contains any reference to a title or an honour or a similar form of identification.
  2. If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of—
    1. the refusal; and
    2. the reasons for the refusal.

71E. Times when registration of party logos prohibited

No action may be taken in relation to any application made under section 71C during the period that,—

  1. in relation to a general election,—
    1. commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and
    2. ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and
  2. in relation to a by-election,—
    1. commences on the date beginning with the issue of the writ for the by-election; and
    2. ends with the day appointed as the latest day for the return of the writ for the by-election.
Electoral commission

71F. Registration of party logos

If, on receipt of an application under section 71C, the Electoral Commission determines to register the logo of a political party, the Electoral Commission must—

  1. register the logo of the political party in the Register of Political Parties established under section 62(2); and
  2. give written notice of the registration to the applicant; and
  3. arrange for the registration to be published in the Gazette.
Electoral commission

71G. Inspection of party logos

The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every party logo that is, or has been, registered in the Register of Political Parties.

71H. Changes to party logos

  1. A person described in section 71C(2)(a) may, on behalf of a party whose logo has been registered, apply to the Electoral Commission to—
    1. vary the form of the party logo; or
    2. substitute a new party logo; or
    3. amend the party logo to refer to the new name of the party in any case where there has been a change in the party name.
  2. Sections 71C to 71F apply, with any necessary modifications, to an application made under subsection (1).

71I. Cancellation of registration of party logo

  1. Electoral commission
    The Electoral Commission must cancel the registration of the logo of a political party if—
    1. a person described in section 71C(2)(a) applies to cancel the registration of the logo and the Electoral Commission is satisfied that the application is made on behalf of the political party; or
    2. the registration of the political party is cancelled under section 70; or
    3. the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.
  2. Section 71E applies, with any necessary modifications, to an application made under subsection (1)(a).
  3. Electoral commission
    If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—
    1. give written notice of the cancellation and the reasons for the cancellation to—
      1. the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71C(2)(a)(ii); and
      2. the secretary of the political party; and
    2. arrange for the cancellation to be published in the Gazette.

Part 5. Registration of electors

72. Rules for determining place of residence within New Zealand

  1. Subject to the provisions of this section, the place where a person resides within New Zealand at any material time or during any material period shall be determined for the purposes of this Act by reference to the facts of the case.
  2. For the purposes of this Act, a person can reside in one place only.
  3. A person resides at the place where that person chooses to make his or her home by reason of family or personal relations, or for other domestic or personal reasons.
  4. Where the property on which a person’s home is located is divided between 2 or more electoral districts, that person shall,—
    1. if his or her dwelling is located wholly within one of those electoral districts, be deemed to reside in that electoral district; or
    2. in any other case, be deemed to reside in the electoral district in which is located—
      1. the front door or other main entrance of his or her dwelling; or
      2. where his or her dwelling is an apartment, the front door or other main entrance of the building in which the apartment is situated.
  5. A person who is detained in any prison or hospital by virtue of any enactment shall not, by reason only of that detention, be treated for the purpose of subsection (3) as residing there.
  6. The place where, for the purposes of this Act, a person resides shall not change by reason only of the fact that the person—
    1. is occasionally or temporarily absent from that place; or
    2. is absent from that place for any period because of his or her service or that of his or her spouse, civil union partner, or de facto partner as a member of Parliament; or
    3. is absent from that place for any period because of his or her occupation or employment or that of his or her spouse, civil union partner, or de facto partner; or
    4. is absent from that place for any period because he or she, or his or her spouse, civil union partner, or de facto partner, is a student,— even if such absence involves occasional or regular residence at another place or other places.
  7. Except as provided in subsection (8), a person who has permanently left his or her former home shall be deemed not to reside at that place, notwithstanding that his or her home for the time being is temporary only.
  8. A New Zealand citizen who is outside New Zealand shall be deemed to reside where he or she had his or her last home in New Zealand; but nothing in this subsection shall affect the application of section 80(1)(a) for the purpose of determining the qualification of any person for registration as an elector.
  9. Notwithstanding anything in this section, a person who is residing on, or has resided on, Campbell Island or Raoul Island and who, before residing on Campbell Island or Raoul Island resided in some other part of New Zealand, shall be deemed to reside, or to have resided, throughout that period of residence on Campbell Island or Raoul Island, in the place in New Zealand where that person had his or her last home before beginning residence on Campbell Island or Raoul Island.
  10. In the case of a person who is appointed to be a member of the Executive Council, or who is the spouse, civil union partner, or de facto partner of any person so appointed, the following provisions shall apply notwithstanding anything to the contrary in this section, namely,—
    1. so long as he or she holds that office he or she shall be deemed to continue to reside at the place of residence in respect of which he or she was registered as an elector of an electoral district (in this subsection referred to as the original district), notwithstanding his or her absence therefrom at the seat of Government or otherwise, unless and until he or she duly applies for registration as an elector of another electoral district of which he or she is, apart from the provisions of this paragraph, qualified to be an elector:
    2. upon being registered as an elector of the other district pursuant to an application as aforesaid, the applicant shall cease to be entitled to continue to be registered under this subsection as an elector of the original district.
  11. A person whose home is on any ship, boat, or vessel permanently located in any harbour shall be deemed to reside in the electoral district in which the wharf or landing place or the main wharf or landing place in the harbour is situated. If any question arises under this subsection as to the district in which the wharf or landing place or main wharf or landing place in any harbour is situated, it shall be determined by the Representation Commission.

73. Meaning of permanent resident of New Zealand

For the purposes of this Act, a person is a permanent resident of New Zealand if, and only if, that person—

  1. resides in New Zealand; and
  2. is not—
    1. a person to whom section 15 or 16 of the Immigration Act 2009 applies; or
    2. a person obliged by or under that Act to leave New Zealand immediately or within a specified time; or
    3. treated for the purposes of that Act as being unlawfully in New Zealand.

Subpart 1. Qualification of electors

74. Qualification of electors

  1. Claim of universal suffrage
    Subject to the provisions of this Act, every adult person is qualified to be registered as an elector of an electoral district if—
    1. that person is—
      1. a New Zealand citizen; or
      2. a permanent resident of New Zealand; and
    2. that person has at some time resided continuously in New Zealand for a period of not less than 1 year; and
    3. that electoral district—
      1. is the last in which that person has continuously resided for a period equalling or exceeding 1 month; or
      2. where that person has never resided continuously in any one electoral district for a period equalling or exceeding 1 month, is the electoral district in which that person resides or has last resided.
  2. Where a writ has been issued for an election, every person—
    1. who resides in an electoral district on the Monday before polling day; and
    2. who would, if he or she continued to reside in that electoral district until the close of polling day, have continuously resided in that electoral district for a period equalling or exceeding 1 month,—

    shall (whether or not he or she does so continue to reside in that electoral district) be deemed, for the purposes of subsection (1)(c), to have completed on that Monday a period of 1 month’s continuous residence in that electoral district.

Electoral districts

75. Registration in respect of more than 1 electoral district

  1. Subject to subsection (2), a person shall not be entitled to be registered as an elector of more than 1 electoral district.
  2. Where an elector is qualified to be registered as an elector of an electoral district, his or her registration as an elector of that district shall not be invalid by reason only of the fact that at the time of that registration he or she was registered as an elector of a district for which he or she was not, or was no longer, qualified to be registered.
  3. Notwithstanding that the validity of the registration of an elector of an electoral district is preserved by subsection (2), for the purposes of section 60, such an elector is not qualified, by virtue of that registration, to vote at an election unless, when the elector votes, he or she is no longer registered as an elector of another electoral district.
Electoral districts

76. Maori option

  1. Subject to this section and to sections 77 to 79, a Maori who possesses the qualifications prescribed in that behalf by this Act shall have the option of being registered either as an elector of a Maori electoral district or as an elector of a General electoral district.
  2. Every such option shall be exercised—
    1. at the time the Maori first qualifies and applies to be registered as an elector of any electoral district; or
    2. in the case of a Maori who was not registered as an elector of any electoral district on the first day of the period last specified in a notice published under section 77(2), on the first subsequent application for registration as an elector; or
    3. in any other case, in accordance with section 77 or section 78.
Electoral districts

77. Periodic exercise of Maori option and determination of Maori population

  1. Every elector who is a Maori may exercise periodically, in accordance with this section, the option given by section 76(1).
  2. The Minister shall, in accordance with this section, specify from time to time, by notice in the Gazette, a period of 4 months during which any Maori may exercise the option given by section 76(1).
  3. The Minister shall, as soon as practicable after the commencement of this section, and in accordance with section 269(2), publish the first notice under subsection (2).
  4. Census
    Subject to subsections (3) and (5) and to section 269(2), the Minister shall, in every year that a quinquennial census of population is taken, but in no other year, publish a notice under subsection (2).
  5. Census
    Notwithstanding subsection (4), where a Parliament is due to expire in a year in which a quinquennial census of population is to be taken, the Minister shall not, in that year, publish a notice under subsection (2), but shall instead, in the year following the year in which the quinquennial census of population is taken, publish such a notice.
  6. For the purpose of enabling the Government Statistician to calculate the Maori electoral population, the Electoral Commission shall, as soon as practicable after the last day of each period specified in a notice published under subsection (2), supply to the Government Statistician—
    1. the total number of persons registered as electors of the Maori electoral districts as at the close of that last day; and
    2. the total number of persons registered as electors of the General electoral districts, who, as at the close of that last day, are recorded as having given written notice to the Registrar that they are persons of New Zealand Maori descent; and
    3. the total number of persons whose names are shown on the dormant rolls maintained under section 109 for the Maori electoral districts; and
    4. the total number of persons whose names are shown on the dormant rolls maintained under section 109 for General electoral districts who are recorded as having given written notice that they are persons of New Zealand Maori descent.
Electoral districts

78. Exercise of Maori option

  1. A Maori who is registered as an elector on the first day of an option period may exercise once in that period the Maori option.
  2. The Registrar must send by post on the first day of an option period a notice in the prescribed form to—
    1. every person registered as an elector of a Maori electoral district; and
    2. every person registered as an elector of a General electoral district who has,—
      1. in his or her application for registration as an elector, specified that he or she is a Maori; or
      2. in response to an inquiry under section 89D, notified the Registrar that he or she is a Maori.
  3. Subsection (4) applies to every Maori—
    1. who receives a notice sent under subsection (2); and
    2. who—
      1. being registered as an elector of a Maori electoral district, wishes to be registered as an elector of a General electoral district; or
      2. being registered as an elector of a General electoral district, wishes to be registered as an elector of a Maori electoral district.
  4. A Maori to whom this subsection applies may exercise the Maori option by advising whether he or she wishes to be registered as an elector of—
    1. a General electoral district; or
    2. a Maori electoral district.
  5. A Maori who wishes to exercise the Maori option under subsection (4) must advise the Registrar as to which option he or she has chosen by—
    1. indicating his or her choice on the notice received under subsection (2), adding his or her signature and the date, and then returning the notice to the Registrar:
    2. indicating his or her choice using an approved electronic medium:
    3. completing an application for registration as an elector in accordance with section 83.
  6. A Maori who is outside New Zealand, or who has a physical or mental impairment may exercise the Maori option through a representative, and section 86 applies with any necessary modifications.
  7. On receipt of any advice under subsection (5), the Registrar must send that advice to the Registrar in whose district the Maori resides.
  8. Advice received under subsection (5) is deemed to be an application for registration as an elector for the purposes of—
    1. the definition of electoral roll in section 3(1); and
    2. sections 89A, 98, and 103.
  9. A Maori who receives a notice sent under subsection (2) but who does not exercise the option given by section 76(1) in the option period continues to be registered on the roll as an elector of the electoral district in which he or she is currently registered.
  10. If a notice returned to a Registrar under subsection (5)(a) is received by the Registrar by post after the end of the option period but not later than noon on the day after the last day of that period, the notice is deemed to have been received in that option period, and the elector must, if the notice is otherwise in order, be deemed to have exercised the option given by section 76(1) in that option period.
  11. If a notice returned to a Registrar under subsection (5)(a) is received by the Registrar within the option period but that notice does not comply with the requirements for signing and dating, the Registrar may treat the notice as being in accordance with those requirements before the end of that option period if the non-compliance is remedied within 6 days after the end of that option period.
  12. For the purposes of this section,—
    • Maori option means the option provided by section 76(1)

      option period means the period specified in a notice published under section 77(2)

      person registered as an elector includes a person of or over the age of 17 years who has had an application under section 82(2) to register as an elector accepted by a Registrar of Electors.

Electoral districts

79. Restriction on transfer between General and Maori electoral rolls

Except as provided in sections 76 to 78,—

  1. no Maori may transfer from a General electoral roll to a Maori electoral roll or vice versa:
  2. no Maori whose name has been removed from an electoral roll or who ceases to be qualified as an elector of an electoral district may be registered as an elector for a different type of electoral district.

80. Disqualifications for registration

  1. Restrictions on voting
    The following persons are disqualified for registration as electors:
    1. a New Zealand citizen who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 3 years:
    2. a permanent resident of New Zealand (not being a New Zealand citizen) who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 12 months:
    3. a person who is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or in a secure facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and to whom one of the following applies:
      1. the person has been found by a court or a Judge to be unfit to stand trial within the meaning of the Criminal Procedure (Mentally Impaired Persons) Act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 or section 31 or section 33 of that Act or under the corresponding provisions of the Criminal Justice Act 1985 and has been so detained for a period exceeding 3 years:
      2. the person has been found by a court, on conviction of any offence, to be mentally impaired, and is detained under an order made under sec- tion 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 118 of the Criminal Justice Act 1985, and has been so detained for a period exceeding 3 years:
      3. the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or a compulsory care order made following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
      4. the person is detained under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, and is a person to whom paragraph (d) would otherwise apply:
    4. a person who is detained in a prison pursuant to a sentence of imprisonment imposed after the commencement of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010:
    5. a person whose name is on the Corrupt Practices List made out for any district.
  2. The Registrar of the court in which any compulsory treatment order or any order under section 24 or section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or any person is convicted of a corrupt practice shall, not later than the fifth day of the month next succeeding the date of the order or conviction, forward to the Registrar of Electors of the electoral district in which the patient or offender was residing a certificate showing the name, place of abode, and description of the patient or offender and particulars of the order or conviction.
  3. Restrictions on voting
    Nothing in subsection (1)(a) or (b) applies to—
    1. a person, being—
      1. a public servant or a member of the Defence Force; or
      2. a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, who is outside New Zealand in the course of that person’s duties; or
      3. an officer or employee of New Zealand Trade and Enterprise established by the New Zealand Trade and Enterprise Act 2003; or
    2. a person who—
      1. is accompanying a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) who is outside New Zealand in the course of that person’s duties; and
      2. is the spouse, civil union partner, de facto partner, or child of the person referred to in subparagraph (i), or the child of the spouse, civil union partner, or de facto partner of that person.

81. Detention in prison pursuant to sentence of imprisonment

  1. Where a person who has been sentenced to imprisonment is received into a prison in which that person is to serve the whole or part of the sentence, the prison manager of that prison shall, not later than the seventh day after the day on which the prisoner is received into the prison, forward to the Electoral Commission a notice-
    1. showing the name, previous residential address, and date of birth of that person; and
    2. showing the name and address of the prison.
    3. [Repealed]
  2. The Electoral Commission shall, on receiving a notice under subsection (1), forward a copy of that notice to the appropriate Registrar of Electors.
  3. In subsection (1), prison manager has the meaning given to it by section 3(1) of the Corrections Act 2004.

Subpart 2. Registration

82. Compulsory registration of electors

  1. A person who is qualified to be registered as an elector of any electoral district and who is in New Zealand must apply to a Registrar of Electors for registration as an elector—
    1. within 1 month after the date on which he or she first becomes qualified to be registered as an elector:
    2. within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 89G.
  2. Any person aged 17 years or older, but under 18 years, may apply to a Registrar of Electors for registration as an elector, and that person is not then required to apply for registration as an elector on attaining the age of 18 years.
  3. A person who is qualified to be registered as an elector of any electoral district and who is outside New Zealand may apply at any time to a Registrar of Electors for registration as an elector.
  4. Electoral districts
    Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76.
  5. A person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to apply.
  6. A person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector.
  7. A person who commits an offence against this section is liable on conviction to a fine not exceeding—
    1. $100 on a first conviction; and
    2. $200 on a second or subsequent conviction.

83. Application for registration

  1. An application for registration as an elector may be made to a Registrar of Electors—
    1. in writing, by completing and signing the prescribed form and returning it to the Registrar of Electors; or
    2. in an approved electronic medium, by providing the information necessary to complete the prescribed form.
  2. An application for registration as an elector must state, in respect of the person making the application,—
    1. the person’s full name; and
    2. the person’s date of birth; and
    3. the place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and
    4. the person’s postal address, if different from the address given under paragraph (c); and
    5. the person’s occupation, if any; and
    6. the honorific (if any) by which the person wishes to be addressed; and
    7. whether or not the person is a Maori; and
    8. any other particulars that are prescribed in regulations.
  3. A Registrar of Electors may reject an application for registration as an elector if—
    1. the application is made under subsection (1)(a) and the prescribed form is not—
      1. signed; or
      2. completed with the details specified in subsection (2)(a), (b), (c), and (h); or
    2. the application is made under subsection (1)(b) and the information provided does not include the details specified in subsection (2)(a), (b), (c), and (h).
  4. If a person does not specify in his or her application whether he or she is a Maori, this Act applies as if the person had specified in his or her application that he or she is not a Maori.
  5. An application for registration as an elector that is rejected by the Registrar of Electors is treated as not having been made.
  6. Where it appears to a Registrar of Electors that a person who has applied for registration as an elector in an electoral district is qualified to be registered as an elector in another electoral district, the Registrar must immediately send that person’s application to the Registrar of Electors of that other district.

83A. Procedure following inquiry under section 83

[Repealed]

83B. No form of inquiry required if application for registration as elector received

[Repealed]

83C. Elector who cannot be contacted to be included in dormant roll

[Repealed]

83D. Transfer of electors between electorates

[Repealed]

84. Registration of persons outside New Zealand

A person who is outside New Zealand may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications.

85. Registration of persons who have physical or mental impairment

A person who has a physical or mental impairment may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications.

86. Representatives

  1. A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that—
    1. sets out the capacity in which he or she is acting; and
    2. confirms that he or she is duly authorised to act in making that application or providing that information.
  2. A statement under subsection (1) must be provided—
    1. in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or
    2. in an approved electronic medium, by providing the information necessary to complete the form.

87. Procedure if immigration status means applicant apparently not qualified to be registered

  1. This section applies in accordance with section 263A(6)(a) if the Electoral Commission under section 263A(5) advises the Registrar of an electoral district that a comparison carried out pursuant to section 263A(4) indicates that a person who has applied to be (but is not yet) registered as an elector of the electoral district is a person who the chief executive of the responsible department (as defined in section 263A(1)) believes is—
    1. unlawfully in New Zealand; or
    2. a person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.
  2. When this section applies the Registrar must comply with subsections (3) to (5) before determining under section 87 whether the applicant for registration as an elector is qualified to be registered.
  3. The Registrar must within 5 working days of receiving that advice deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the notice) communicating—
    1. the advice that the Registrar received under section 263A(5) in respect of the applicant; and
    2. that the Registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the notice.
  4. If no response to the notice is made to the Registrar by or on behalf of the applicant within 10 working days of the notice being delivered to the applicant personally, or sent by post to that person, the Registrar must promptly deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the further notice) communicating—
    1. the advice that the Registrar received under section 263A(5) in respect of the applicant; and
    2. the fact that, and the date on which, a notice was delivered to the applicant personally, or sent by post to that person; and
    3. that the Registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the further notice.
  5. The Registrar may determine under section 87 whether the applicant for registration as an elector is qualified to be registered only—
    1. after considering any response to the notice or a further notice made to the Registrar by or on behalf of the applicant within 5 working days after the notice or a further notice was delivered to the applicant personally, or received by that person by post; or
    2. if no response to a further notice is made to the Registrar by or on behalf of the applicant within 10 working days of the further notice being delivered personally to the applicant, or received by that person by post.
  6. A notice or further notice purportedly sent to the applicant by post—
    1. is, in the absence of proof to the contrary, treated as having been received by that person by post on the fourth working day after the day on which it is sent by post; and
    2. is treated as sent by post to that person on a day if it is proved to have been properly addressed to that person and to have been submitted on that day to a person for the time being registered as a postal operator under the Postal Services Act 1998 for postage to that person.
  7. If, after complying with subsections (3) to (5), the Registrar determines under section 87 that the applicant for registration as an elector is not qualified to be registered, the Registrar must deliver to the applicant for registration personally, or send by post to that person, a written notice communicating the determination.

88. Applications received after issue of writ

  1. Where a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3), the Registrar shall not, at any time in the period beginning on polling day and ending with the day of the return of the writ, register any application for registration as an elector that the Registrar receives on or after polling day.
  2. For the purposes of subsection (1), an application for registration shall be deemed to have been received before polling day if—
    1. the application or the envelope in which it is contained bears a postmark or date stamp impressed at any New Zealand Post outlet or agency before polling day; or
    2. the applicant for registration produces a receipt which relates to the application and which was issued by any New Zealand Post outlet or agency before polling day.
    3. [Repealed]
  3. Where any person applies for registration after a writ has been issued requiring the conduct of an election in a district and before polling day,—
    1. the Registrar shall, if the Registrar is satisfied that that person is qualified to be registered, forthwith enter the name of that person on the electoral roll; and
    2. the Registrar shall not be required to enter the name of that person on the main roll or any supplementary roll or composite roll used at that election; and
    3. that person may, at that election, vote only by way of a special vote.

89. Procedure following application for registration

  1. If the Registrar is satisfied that any applicant for registration as an elector (whether by transfer from another district, or otherwise) is qualified to be registered, he or she shall forthwith enter the name of the applicant on the roll.
  2. Where it appears to the Registrar that an applicant who is a Maori is prevented, by the manner in which he or she last exercised the option given by section 76, from being registered as an elector of the district to which his or her application relates, the Registrar shall forthwith send the application to the Registrar of the district in respect of which the applicant is entitled to be registered and shall notify the elector of his or her reasons for refusing the application and of the Registrar to whom the application has been sent.
  3. Where an application for registration as an elector has been received before the issue of a writ and it has not been possible for the Registrar to ascertain, at the time of the issue of the writ, whether the applicant is currently registered as an elector of another electoral district, the Registrar shall, subject to subsection (4), include the name of the applicant on any main, supplementary, or composite roll printed as at writ day.
  4. Notwithstanding anything in this Act, where the Registrar has, under subsection (3), included the name of any person on any main, supplementary, or composite roll printed as at writ day, the Registrar shall, within 6 days after writ day determine, either—
    1. to enter the name of the applicant on the electoral roll; or
    2. to delete the name of the applicant from that main, supplementary, or composite roll.

89A. Notice of registration

The Registrar must, not later than 14 days after the registration of a person as an elector, deliver to that person personally, or send to that person by post, written notice of the registration.

Subpart 2A. Change of address

89B. Elector must give notice of change of place of residence within electoral district

  1. This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district.
  2. The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—
    1. the change of his or her place of residence; and
    2. the address of the new place of residence.
  3. Notice under subsection (2) must be given—
    1. in writing to the Registrar for the electoral district in which the elector resides; or
    2. in an approved electronic medium.
  4. An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.
  5. On receiving a notice under subsection (2), a Registrar must—
    1. amend the roll to record the change in the elector’s place of residence; and
    2. give confirmation to the elector, in accordance with section 94A, of that amendment.
  6. An elector who knowingly and wilfully fails to comply with subsection (2)—
    1. commits an offence and is liable on conviction to a fine—
      1. not exceeding $50 on a first conviction; and
      2. not exceeding $100 on any subsequent conviction; but
    2. is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered.
  7. Despite subsection (6), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

89C. Elector must give notice of change of place of residence to different electoral district

  1. Electoral districts
    This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district).
  2. Electoral districts
    After continuously residing in the new electoral district for a period of 1 month, the elector must, before the end of a further 1-month period, give notice of—
    1. the change in his or her place of residence; and
    2. the address of his or her new place of residence.
  3. Notice under subsection (2) must be given—
    1. in an approved electronic medium; or
    2. by applying, under section 83, to Registrar B for registration as an elector; or
    3. in writing (personally, or through an agent) to—
      1. Registrar B; or
      2. Registrar A.
  4. An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.
  5. If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(a), Registrar B must—
    1. register that elector, in accordance with section 89, on roll B; and
    2. give notice of that registration to—
      1. the elector, in accordance with section 89A; and
      2. Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
  6. If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(b), Registrar B must—
    1. deal with the application in accordance with sections 88 to 89A; and
    2. if he or she registers the name of the elector on roll B, give notice of that registration to Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
  7. If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(i), Registrar B must send that notification to Registrar A.
  8. If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(ii), or if a notification is received by Registrar A under subsection (7), subsections (9) to (13) apply.
  9. If Registrar A believes that at least 1 month has elapsed since the change in the elector’s place of residence, Registrar A must send to the elector a request for confirmation of the elector’s new place of residence.
  10. A request under subsection (9) must be made—
    1. in writing, in the prescribed form, and contain—
      1. the particulars of the enrolment of the elector to whom it is addressed; and
      2. the address of the elector’s new place of residence; and
      3. provision for the elector to make changes to the information referred to in subparagraphs (i) and (ii); or
    2. in an approved electronic medium that enables the elector to make changes to—
      1. the elector’s particulars of enrolment; and
      2. the particulars of the address of the elector’s new place of residence.
  11. An elector who receives a request made pursuant to subsection (10)(a) must, within the time stated by Registrar A, complete and sign the form and return it to Registrar B.
  12. An elector who receives a request made pursuant to subsection (10)(b) may respond to that request by sending to Registrar B in an approved electronic medium confirmation of his or her new place of residence.
  13. After a form is returned under subsection (11) or a response is received under subsection (12), Registrar B must—
    1. register that elector, in accordance with section 89, on roll B; and
    2. give notice of that registration to—
      1. the elector in accordance with section 89A; and
      2. Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
  14. An elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine—
    1. not exceeding $100 on a first conviction; and
    2. not exceeding $200 on any subsequent conviction.
  15. Despite subsection (14), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.
  16. In this section,—
    • Registrar A, in relation to an elector, means the Registrar for the electoral district in which the elector previously resided

      Registrar B, in relation to an elector, means the Registrar for the electoral district in which the elector currently resides

      roll A, in relation to an elector, means the roll for the electoral district in which the elector previously resided

      roll B, in relation to an elector, means the roll for the electoral district in which the elector currently resides.

Subpart 2B. Updating of electoral rolls

89D. Inquiry to be made to update electoral rolls

  1. Every Registrar must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of the district.
  2. An inquiry must be made,—
    1. where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and
    2. at any other time directed by the Electoral Commission.
  3. In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001, every Registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who—
    1. is registered as an elector of that district; and
    2. appears from those particulars to reside within that local government area.
  4. If a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll.
  5. Every inquiry made under subsection (1) must—
    1. be in the prescribed form; and
    2. contain the particulars on the roll for the elector to whom it is addressed; and
    3. require the elector, if any of those particulars have changed or are incorrect, to notify the Registrar by—
      1. changing or correcting on the form where provided any particular that is wrong, and returning the form; or
      2. using an approved electronic medium to make any change or correction required to the particulars.
  6. An elector who has a physical or mental impairment may give a notification required by subsection (5) through a representative, and section 86 applies with any necessary modifications.
  7. For the purposes of this section,—
    1. a person registered as an elector includes any person of or over the age of 17 years who has had an application to register as an elector accepted by a Registrar of Electors; and
    2. the particulars contained in the application to register are the particulars on the roll for that person.

89E. No inquiry required if application for registration as elector received

If a Registrar receives, during an inquiry under section 89D(1), or within 28 days before the commencement of an inquiry under that section, a duly completed application for registration as an elector,—

  1. that application is deemed to be a completed form for the purposes of section 89D; and
  2. the Registrar must notify that elector that he or she will not receive an inquiry under section 89D.

89F. Procedure following inquiry under section 89D

  1. If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) that an elector has changed his or her place of residence and now resides in another electoral district,—
    1. the Registrar must,—
      1. in accordance with section 98(1)(a), remove the elector’s name from the roll for the district in which the elector previously resided; and
      2. ensure that the notification is sent to the Registrar for the new electoral district (the new Registrar); and
    2. the notification is deemed to be an application for registration for the purposes of section 82; and
    3. the new Registrar must register that elector, in accordance with section 89, on the roll for the district in which the elector resides.
  2. If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) of any change or correction to an elector’s particulars, other than a change of place of residence referred to in subsection (1), the Registrar must amend the elector’s particulars on the roll in accordance with that notification.
  3. An elector remains on the roll and his or her particulars on the roll remain unchanged if—
    1. the Registrar does not receive from the elector a form or information under section 89D(5)(c); or
    2. the Registrar receives from the elector a form or information under section 89D(5)(c) with no changes.
  4. A form that a person intends to return, or returns, under section 89D(5)(c)(i) must be signed and may be rejected for incompleteness, in accordance with subsections (1)(a), (2), and (3) of section 83 (which apply with all necessary modifications), as if the form were an application in respect of registration as an elector.
  5. Information that an elector intends to supply, or supplies, electronically under section 89D(5)(c)(ii)—
    1. is not an application in respect of registration as an elector required by section 83(1)(a) to be signed; but
    2. may be rejected for incompleteness under section 83(3) (which applies with all necessary modifications) if it does not include all the details specified in section 83(2)(a), (b), (c), and (h).

89G. Elector who cannot be contacted to be included in dormant roll

  1. This section applies if—
    1. a Registrar is notified that an inquiry made under section 89D(1) or a notice sent under section 78(2) cannot be delivered to the elector to whom it is addressed because the whereabouts of the elector are not known; or
    2. at any other time, the elector cannot be contacted at the elector’s address on the roll.
  2. If this section applies, a Registrar must—
    1. make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Electoral Commission directs; and
    2. if the Registrar is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.

Subpart 3. Changes of address

[Repealed]

90. Changes of address to be notified

[Repealed]

91. Effect of failure to notify change of address

[Repealed]

Subpart 4. Death of registered elector

92. Notification of death of registered elector

  1. The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must, as soon as is reasonably practicable after the registration of the death of any person of or over the age of 17 years, notify the information described in subsection (2) to the Electoral Commission.
  2. The information referred to in subsection (1) is the fact of the death, together with any particulars known to the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 that may be required to enable the Electoral Commission—
    1. to determine the electoral district in which the deceased person resided; and
    2. to take appropriate steps in relation to the roll and other records.

Subpart 5. Marriage or civil union of registered elector

93. Notification of marriages and civil unions

  1. In this section, Registrar-General means the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
  2. As soon as is reasonably practicable after the registration of a marriage under Part 7 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, or the registration of a civil union under Part 7A of that Act, the Registrar-General must provide to the Electoral Commission the following information in respect of each of the parties to the marriage or civil union:
    1. full name:
    2. date of birth:
    3. usual residential address:
    4. date of marriage or civil union.
  3. Electoral commission
    Subsection (4) applies if a party to the marriage or civil union is—
    1. registered as an elector of any district; or
    2. a person who has applied under section 82(2) for registration as an elector.
  4. Electoral commission
    The Electoral Commission must—
    1. send to the party to the marriage or civil union a notice asking for details of any changes resulting from the marriage or civil union that may be required to the name, address, and occupation under which he or she is registered on the roll; and
    2. if a change is required, amend the roll in accordance with the details supplied.
  5. If an amendment to the roll is required under subsection (4) and the amendment does not appear on the main or supplementary roll printed for any election, the person is, if otherwise qualified, entitled to vote at the election under his or her former name as it appears on the roll.

Subpart 6. Change of name of registered elector

94. Notification of change of name

  1. This section applies if a person registers a change of his or her name under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
  2. The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must provide to the Electoral Commission the following information for the purposes of determining whether any change is required to the name and address under which that person is registered on the roll:
    1. the old name and the new name of the person; and
    2. the person’s date of birth; and
    3. the person’s full residential address.

Subpart 7. Confirmation of change of name, address, or other particulars

94A. Confirmation of change of name, address, or other particulars

  1. This section applies if the Registrar, in accordance with this Act, amends, in relation to any person whose name appears on the roll, any of the following particulars:
    1. the place of residence of the person, following a change of residence within an electoral district; or
    2. the name of the person; or
    3. any other particulars of a kind specified in section 83(2)(d), (g), or (h).
  2. The Registrar must, not later than 14 days after the roll is amended, deliver to that person personally, or send to that person by post, notice in writing of the amendment of the particulars on the roll.

Subpart 8. Objections to registration

95. Elector’s objection

  1. Any elector may at any time object to the name of any person being on the roll for any district on the ground that that person is not qualified to be registered as an elector of that district.
  2. Every such objection—
    1. shall be made in writing to the Registrar for the district; and
    2. shall specify—
      1. the name of the objector; and
      2. sufficient particulars to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.
  3. Where the Registrar considers that the particulars included in an objection are insufficient to inform the person objected to of the ground for the objection or the reason or reasons supporting that ground, the Registrar shall by written notice require the objector to provide within 14 days of the giving of the notice such further particulars as the Registrar thinks fit.
  4. Where any objector fails to comply with a notice given under subsection (3), the Registrar shall give a second such notice to the objector and, if the objector fails to comply with the second such notice, the Registrar shall take no further action in relation to the objection and shall notify the objector accordingly.

95A. Notice of elector’s objection

  1. Subject to subsections (3) and (4) of section 95, the Registrar shall, on receipt of an objection under section 95, forthwith serve on—
    1. the person objected to; or
    2. the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or
    3. the attorney appointed by the person objected to under an enduring power of attorney,—

    notice in writing of the objection, which notice shall include both the name of the objector and the particulars specified by the objector (being particulars sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection).

  2. Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in the District Courts Rules 1992.
  3. The notice issued by the Registrar under subsection (1) shall also inform the person objected to—
    1. that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
    2. that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that the name of the person objected to should be retained on the roll; and
    3. that if he or she fails to forward a statement to the Registrar within 14 days after the day on which that notice is served on the person objected to, the Registrar will, under section 95B, remove from the roll the name of the person objected to.
  4. Where, after making such inquiry as he or she thinks fit, or the Electoral Commission directs, the Registrar is unable, after making at least 2 attempts to do so, to serve the notice of objection on that person personally, the Registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109.

95B. Power to remove name from roll

Where, within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to,—

  1. the person objected to; or
  2. the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or
  3. the attorney appointed by the person objected to under an enduring power of attorney,— either fails to provide evidence of eligibility to be on the roll or notifies the Registrar that he or she consents to the removal from the roll of the name of the person objected to, the Registrar shall, unless the objection has been withdrawn by the objector, remove from the roll the name of the person objected to and shall notify the parties accordingly.

95C. Power to retain name on roll

Where, within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to,—

  1. the person objected to; or
  2. the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or
  3. the attorney appointed by the person objected to under an enduring power of attorney,—

provides the Registrar with evidence that satisfies the Registrar that the person objected to is qualified to be on the roll, the name of the person objected to shall be retained on the roll and the Registrar shall notify the parties accordingly.

95D. Reference of elector’s objection to District Court

  1. Unless,—
    1. within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to, the objection is withdrawn; or
    2. the name of the person who is objected to is removed from the roll under section 95B or retained on the roll under section 95C,— the Registrar shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.
  2. Subject to subsection (3), where any party notifies the Registrar that the party is dissatisfied with a decision of the Registrar made under section 95B or section 95C, the Registrar shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.
  3. Any notification given by a party under subsection (2) shall be in writing and shall be given within 14 days after the day on which the party is notified by the Registrar under section 95B or section 95C, as the case may be.

96. Registrar’s objection

  1. The Registrar for any district may at any time object to the name of any person being on the roll for the district on the ground that the person is not qualified to be registered as an elector of that district.
  2. The Registrar shall forthwith give to—
    1. the person objected to; or
    2. the welfare guardian appointed for the person objected to under section 12(1) of the Protection of Personal and Property Rights Act 1988; or
    3. the attorney appointed by the person objected to under an enduring power of attorney,—

    notice in writing of the objection and of such particulars of the objection as are sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.

  3. The notice issued by the Registrar under subsection (2) shall be served personally in accordance with the rules governing personal service contained in the District Courts Rules 1992.
  4. The notice issued by the Registrar under subsection (1) shall also inform the person objected to—
    1. that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
    2. that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that the name of the person objected to should be retained on the roll; and
    3. that if he or she fails to forward a statement to the Registrar within 14 days after the day on which that notice is served on the person objected to, the Registrar will, under section 95B, remove from the roll the name of the person objected to.
  5. Where, after making such inquiry as he or she thinks fit, or as the Electoral Commission directs, the Registrar is unable, after making at least 2 attempts to do so, to serve notice of objection on that person personally, the Registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109.
  6. Nothing in this section affects the provisions of this Act as to the removal of names from the roll by the Registrar.

97. Procedure on reference of application or objection to District Court

  1. The following provisions of this section shall apply with respect to proceedings on the reference to a District Court of an objection under section 95 or section 96.
  2. The Registrar of Electors, any objector, and the person objected to may appear before the court either in person or by some person appointed by him or her in writing or by a barrister or solicitor.
  3. In the case of an objection, the person objected to may forward to the Registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection.
  4. If a person objected to has a physical or mental impairment, that person’s representative may sign and forward to the Registrar a statement giving reasons why the person’s name should not be removed from the roll.
  5. If any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll.
  6. Except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined.
  7. At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection.
  8. In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit.
  9. Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply.
  10. The Registrar of Electors shall make any additions, deletions, and alterations to the roll that may be necessary to give effect to the order of the court.

Subpart 9. Removal of names from roll and alterations to roll

98. Removal of names from roll by Registrar

  1. Subject to subsection (6), the Registrar shall remove from the roll—
    1. the name of every person who, consequent on a change in his or her place of residence,—
      1. is not qualified to be registered as an elector of the district; and
      2. resides in, and is registered as an elector of, another district:
    2. the name of every person of whose identity the Registrar is satisfied and whose death has been notified to the Registrar—
      1. by any Registrar of Births and Deaths; or
      2. by the father, mother, or spouse, civil union partner, or de facto partner of that person or by a sister or brother of that person:
    3. [Repealed]
    4. the name of every person who, as a result of an inquiry made at that person’s address on the roll, the Registrar of Electors has reason to believe has ceased for 1 month or upwards to reside in the district:
    5. the name of every person whose name is entered on the Corrupt Practices List made out for any district:
    6. the name of every person whose disqualification under section 80—
      1. is duly certified to the Registrar; or
      2. is duly notified to the Registrar under section 81:
    7. the name of every person who, being a Maori,—
      1. has indicated his or her choice, pursuant to section 78, to be registered as an elector for a different type of electoral district; or
      2. is registered in contravention of section 79:
    8. where the roll is for a Maori electoral district, the name of every person who is not a Maori:
    9. the name of every person who has been registered for the district—
      1. by mistake; or
      2. by clerical error; or
      3. as a result of false information.
  2. Notwithstanding anything in this Act, the Registrar, on being satisfied that the name of any person has been omitted or removed from the roll—
    1. by mistake; or
    2. by clerical error; or
    3. as a result of false information,—

    may place the name of that person on the roll at any time or restore the name of that person to the roll at any time.

  3. In addition to other powers of alterations conferred by this Act, the Registrar may at any time, subject to subsection (6), alter the roll—
    1. by correcting any mistake or omission in the particulars of the enrolment of a person:
    2. by striking out the superfluous entry when the name of a person appears more than once on the roll.
  4. Electoral districts
    Where—
    1. a person has been registered as an elector of a district other than the district in which the person should have been registered; and
    2. the person’s name has, pursuant to subsection (1)(h) or subsection (1)(i), been removed from the roll of the district for which the person was correctly registered,-

    the Registrar of the district in which the person should have been registered may, subject to subsection (6), place that person’s name on the roll for that district.

  5. Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on the day before polling day, the Registrar shall, on removing that name, enter it on a list to be known as the list of post-writ day deletions.
  6. No alteration pursuant to this section shall be made to the roll for a district in the period beginning on polling day and ending on the day after the day of the return of the writ.

99. Notice of alterations to roll

  1. Where, pursuant to any of the provisions of paragraphs (c) to (i) of section 98(1), the name of a person is removed from the roll, the Registrar shall, in accordance with subsection (3) or subsection (4), deliver or send to that person, notice in writing of the removal of that person’s name from the roll.
  2. Where the name of a person (being a name which, pursuant to section 98(1)(h) or section 98(1)(i), has been removed from a roll) is entered, pursuant to section 98(4), on another roll, the Registrar who enters that person’s name on that other roll shall, in accordance with subsection (3) or subsection (4), deliver or send to that person notice in writing of the entry of that person’s name on that other roll.
  3. Subject to subsection (4), the notice required by subsection (1) or subsection (2)—
    1. shall be delivered to the person personally or sent to the person by post; and
    2. shall be so delivered or sent not later than 14 days after the date on which,—
      1. where the notice is required by subsection (1), the person’s name is removed; or
      2. where the notice is required by subsection (2), the person’s name is entered.
  4. Where the name of a person is removed or entered, as the case may be, in the period beginning on the day after writ day and ending on the day before polling day, the notice required by subsection (1) or subsection (2) shall forthwith be delivered to that person personally.

100. Corrupt Practices List

  1. Where it is proved before the Registrar for any district that any person who is registered or who applies for registration as an elector of the district has, within the immediately preceding period of 3 years,—
    1. been convicted of a corrupt practice; or
    2. been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice,—

    the Registrar shall enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the Corrupt Practices List.

  2. The Registrar shall remove the name of every person from the Corrupt Practices List at the expiration of 3 years from the date of the conviction or report in respect of which his or her name is entered on the list, or sooner if so ordered by the High Court.
  3. Whenever a main roll is printed for the district, a copy of the Corrupt Practices List for the district shall be appended to it and printed and published with it.
  4. Whenever a supplementary roll is printed for the district, a copy of so much of the Corrupt Practices List as has not been printed with the main roll or any existing supplementary roll for the district shall be appended to the supplementary roll and printed and published with it.

Subpart 10. Electoral rolls

Electoral districts

101. Electoral rolls

  1. Electoral commission
    Where a notice is gazetted under section 40(1)(b) or section 45(9)(b), the Electoral Commission shall—
    1. decide, on the basis of the then existing rolls, which of the electors are entitled to be registered as electors of each electoral district whose boundaries are fixed by the report to which the notice relates; and
    2. compile for each electoral district whose boundaries are fixed by the report to which the notice relates a list of persons appearing to be entitled to be registered as electors of that electoral district (in this section called the compiled list).
  2. For the purposes of any inquiry under section 89D which is considered before the dissolution or expiration of the Parliament in existence when any list is compiled pursuant to subsection (1)(b), the compiled list shall be the electoral roll for the district to which it relates.
  3. For the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall, if the Electoral Commission so directs, be the electoral roll for the district to which it relates.
  4. Where a compiled list is, under subsection (2) or subsection (3), the electoral roll for the district to which it relates, that electoral roll shall come into force on the dissolution or expiry of the then existing Parliament.
  5. The compiled lists shall be compiled immediately before—
    1. the next succeeding inquiry under section 89D; or
    2. the printing of the main rolls (where the Electoral Commission directs that, for the purposes of the printing of the main rolls and the supplementary rolls, each com- piled list shall be the electoral roll for the district to which it relates),—

    whichever is the earlier.

  6. Every roll to which subsection (4) applies, as it may be updated from time to time following an inquiry under section 89D, continues in force until a new roll for the district is compiled and comes into force.
  7. The Registrar shall keep every roll to which subsection (4) applies up to date by making all such additions, alterations, and deletions as become necessary.

102. Maintenance of rolls being replaced

  1. Where the Electoral Commission has compiled the lists referred to in section 101(1)(b), the respective Registrars of Electors shall not be obliged to keep up to date the rolls for the districts that were in existence immediately before the gazetting under section 40(1)(b) or section 45(9)(b) of the notice that immediately preceded the compilation of those lists.
  2. Notwithstanding subsection (1), the Electoral Commission shall ensure that each Registrar of a district to which that subsection applies has available to him or her, until the roll for that district ceases to be in force, all information necessary to enable him or her to bring his or her roll up to date in the event of a by-election in that district (which information may include or consist of photocopies of original documents).
  3. Where a by-election is to take place in a district to which subsection (1) applies, the Registrar of that district shall cause an up to date composite roll for the district to be closed and printed as at writ day for the by-election.
  4. Where a by-election has taken place in a district to which subsection (1) applies, the Registrar of that district shall, after the time allowed for the filing of an election petition in respect of the by-election has expired or, where an election petition is filed in respect of that by-election, after that election petition has been finally disposed of, send to other Registrars of Electors such of the original applications for registration as electors held by him or her as the Electoral Commission specifies.
Electoral distri