Electoral (Māori Electoral Option) Legislation Act 2022

1: Title
This Act is the Electoral (Māori Electoral Option) Legislation Act 2022.
2: Commencement
This Act comes into force on 31 March 2023.
1: Amendments to Electoral Act 1993
3: Principal Act
This Part amends the Electoral Act 1993 2023-03-31 Electoral Act 1993
4: Section 3 amended (Interpretation)
1: In section 3(1) Maori electoral population Māori electoral population
a: by ascertaining a proportion determined by dividing—
i: the total number of persons, on counting day, either—
A: registered as electors of Māori electoral districts; or
B: named on the dormant rolls for Māori electoral districts; by
ii: the total number of Māori persons, on counting day, either—
A: registered as electors of Māori electoral districts or General electoral districts; or
B: named on the dormant rolls for Māori electoral districts or General electoral districts; and
b: by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on census day
2: In section 3(1), insert in their appropriate alphabetical order: counting day section 79(2) on census day section 79(2)
5: Section 35 amended (Division of New Zealand into General electoral districts)
1: Replace section 35(5)
5: The Electoral Commission must supply the Government Statistician with the information required to be supplied under section 79(1)
2: Replace section 35(6)﻿(b)
b: has been supplied by the Electoral Commission with the information required to be supplied under section 79(1)
3: In section 35(6) at the close of the last day of that period on counting day
6: Sections 76 to 79 replaced
Replace sections 76 to 79
76: Māori option
1: A Māori who is eligible to be registered as an elector may choose to be registered as an elector of—
a: a Māori electoral district; or
b: a General electoral district.
2: The option under subsection (1) Māori option section 77
77: Exercise of Māori option
Exercise of option by 17-year-olds
1: A Māori who is 17 years old may exercise the Māori option at the time they apply for registration as an elector under section 82(2). Exercise of option when person applies for registration as elector
2: A Māori may exercise the Māori option at the time they apply for registration as an elector under section 83. Exercise of option by registered elector
3: A Māori who is registered as an elector may, at any time, exercise the Māori option by advising the Electoral Commission,—
a: in the case of a person registered as an elector of a Māori electoral district, that they wish to be registered as an elector of a General electoral district:
b: in the case of a person registered as an elector of a General electoral district, that they wish to be registered as an elector of a Māori electoral district.
78: Process for and effect of exercise of Māori option
How option is exercised
1: A person may exercise the Māori option by indicating their choice,—
a: in writing, by completing and signing a form that the Electoral Commission has approved and returning it to the Electoral Commission:
b: in an approved electronic medium, by providing the required information:
c: in an application for registration as an elector. Receipt of late or non-compliant form or application
2: If a form or an application described in subsection (1)﻿(a) or (c) subsection (3)
3: The requirements for a form or an application are the following:
a: it must be received no later than noon on the fourth day after the start of an election period; and
b: it must be postmarked or date-stamped before the start of an election period.
4: If a form or an application described in subsection (1)﻿(a) or (c) Representatives may act on behalf of some persons
5: A person who is outside New Zealand or who has a physical or mental impairment may exercise the Māori option through a representative and section 86 applies with any necessary modifications. Effect of exercise of option
6: The exercise of the Māori option (if not made in an application under section 83) is to be treated as an application for registration as an elector for the purposes of—
a: the definition of electoral roll in section 3(1); and
b: sections 89, 89A, 98, and 103.
7: In this section, election period
a: a general election period ( see section 78A(4)
b: a local government election period ( see section 78B(4)
c: a by-election period ( see section 78C(6)
78A: Māori option may not be exercised in general election period
1: The following persons may not exercise the Māori option during a general election period:
a: a Māori who is registered as an elector of an electoral district:
b: a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district.
2: To avoid doubt, subsection (1)
3: The Electoral Commission must not give effect to either of the following during a general election period:
a: any advice received under section 77(3)
b: if processing an application under section 83 by a Māori person named on a dormant roll, the choice made by the person when exercising the Māori option in that application if it would register them as an elector for a different type of district from that for which they were previously registered.
4: In this section, general election period
a: the period that is 3 months before polling day for a general election, if at least 3 months’ public notice is given of polling day ( polling day A
b: the period commencing on the day after the day on which public notice of polling day is given and ending on polling day, if less than 3 months’ public notice is given of polling day ( polling day B
c: if during a period specified in paragraph (a) or (b) polling day C paragraph (a) or (b) paragraph (a) or (b)
78B: Māori option may not be exercised in local government election period
1: The following persons may not exercise the Māori option during a local government election period:
a: a Māori who is registered as an elector of an electoral district:
b: a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district.
2: To avoid doubt, subsection (1)
3: The Electoral Commission must not give effect to either of the following during a local government election period:
a: any advice received under section 77(3)
b: if processing an application under section 83 by a Māori person named on a dormant roll, the choice made by the person when exercising the Māori option in that application if it would register them as an elector for a different type of district from that for which they were previously registered.
4: In this section, local government election period
78C: Māori option may not be exercised in by-election period
1: This section applies if the Speaker has published a notice of vacancy for an electoral district.
2: The following persons may not exercise the Māori option during a by-election period if doing so would result in the person being eligible to vote in the by-election:
a: a Māori who is registered as an elector of an electoral district:
b: a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district.
3: To avoid doubt, subsection (2)
4: The Electoral Commission must not give effect to either of the following during a by-election period:
a: any advice received under section 77(3)
b: if processing an application under section 83 by a Māori person named on a dormant roll, the choice made by the person when exercising the Māori option in that application if it would register them as an elector for a different type of district from that for which they were previously registered.
5: However, subsections (2) and (4)
6: In this section, by-election period
79: Determination of Māori electoral population
1: For the purpose of enabling the Government Statistician to calculate the Māori electoral population, the Electoral Commission must, as soon as practicable after counting day, supply to the Government Statistician the following information as on counting day:
a: the total number of persons registered as electors of Māori electoral districts; and
b: the total number of Māori persons registered as electors of General electoral districts; and
c: the total number of persons whose names are on the dormant rolls maintained under section 109 for Māori electoral districts; and
d: the total number of Māori persons whose names are on the dormant rolls maintained under section 109 for General electoral districts.
2: In this Act,— counting day
a: means on census day; or
b: if a periodic census and a general election take place in the same calendar year, means 1 April in the following year on census day
7: Section 86B amended (Prison manager to collect and send enrolment information to Electoral Commission)
Replace section 86B(1)﻿(b)
b: if the prisoner is Māori, whether their choice is to be registered in a Māori electoral district or a General electoral district.
8: Section 89 amended (Procedure following application for registration)
Replace section 89(2)
2: If on receiving any application that includes the exercise of the Māori option the Electoral Commission believes that it is prevented, by any of sections 78A to 78C
a: notify the applicant of the reason why the exercise of the Māori option cannot be given effect to until a later date and advise what that date is; and
b: advise the applicant whether they are entitled to be registered as an elector in another type of district.
9: New section 89DA inserted (Updating Māori option details)
After section 89D
89DA: Updating Māori option details
1: The Electoral Commission must send to Māori electors information about the exercise of the Māori option, if practicable, not later than—
a: 30 April 2023; and
b: 31 March in any other year in which Parliament is due to expire.
2: The Electoral Commission must send to Māori electors information about the exercise of the Māori option not less than 3 months before the commencement of a local government election period under section 78B
3: The information required to be sent to Māori electors under subsections (1) and (2)
a: must inform the elector that they are currently registered in a Māori electoral district or a General electoral district (whichever applies); and
b: must inform the elector that they are entitled to—
i: exercise the Māori option under section 76 sections 78A to 78C
ii: change the type of district in which they are registered; and
c: must include a form or information about an approved electronic medium to use to exercise the Māori option; and
d: may give information about the differences between the 2 types of electoral districts that the Electoral Commission considers would be useful.
10: Section 89F amended (Procedure following inquiry under section 89D)
1: In section 89F(2) and (3)﻿(a) and (b) 89D(5)﻿(c) 89D(5)﻿(b)
2: In section 89F(4) 89D(5)﻿(c)﻿(i) 89D(5)﻿(b)﻿(i)
3: In section 89F(5) 89D(5)﻿(c)﻿(ii) 89D(5)﻿(b)﻿(ii)
11: Section 89G amended (Elector who cannot be contacted to be included in dormant roll)
In section 89G(1)﻿(a) or a notice sent under section 78(2)
12: Section 98 amended (Removal of names from roll by Electoral Commission)
Replace section 98(1)﻿(g)
g: the name of every Māori person who has exercised the Māori option under section 76
2: Amendments to Local Electoral Act 2001
13: Principal Act
This Part amends the Local Electoral Act 2001 2023-03-31 Local Electoral Act 2001
14: Section 5 amended (Interpretation)
1: In section 5(1) dormant roll General electoral district Māori on census day
2: In section 5(1) Māori electoral population Māori electoral population
a: by ascertaining a proportion determined by dividing—
i: the total number of persons, on census day, either—
A: registered as electors of Māori electoral districts; or
B: named on the dormant rolls for Māori electoral districts; by
ii: the total number of Māori persons, on census day, either—
A: registered as electors of Māori electoral districts or General electoral districts; or
B: named on the dormant rolls for Māori electoral districts or General electoral districts; and
b: by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on census day
15: Schedule 1A amended
In Schedule 1A
2: The numbers included in the certificate must be derived from information contained in—
a: the most recent report of the Government Statistician to the Surveyor-General and the other members of the Representation Commission made under section 35(6) of the Electoral Act 1993; or
b: if subclause (2A) subclause (2A)﻿(b)
2A: In a year where a periodic census is held but a report under section 35(6) of the Electoral Act 1993 is not due to be completed (for the purposes of that Act) until after 1 April of the following year ( see section 79(2)
a: the Electoral Commission must, as soon as practicable after census day, supply to the Government Statistician the information listed in section 79(1)
b: the Government Statistician must prepare an alternative report for the purposes of this Act, with the information referred to in paragraph (a)
16: Consequential amendments to Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001
1: In section 3 Māori electoral population Māori electoral population
2: Replace section 9(2)
2: The numbers included in the certificate must be derived from information contained in the most recent of the reports referred to in clause 7(2) of Schedule 1A 2023-03-31 Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001