Democratic structures and processes

Key statutes

  • Electoral Act 1993
  • Broadcasting Act 1989 (Part 6)
  • Citizens Initiated Referenda Act 1993
  • Political Disabilities Removal Act 1960
  • Referenda (Postal Voting) Act 2000
  • Local Restoration Polls Act 1990
  • Electoral Access Fund Act 2020

Key secondary legislation

  • Court of Appeal (List Election Petitions) Rules 1998
  • Constituency Election Petition Rules 2008
  • Election Petition Rules 1996
  • Electoral (Advertisements of a Specified Kind) Regulations 2005
  • Electoral (Expenditure Limit) Order 2020
  • Electoral (Fees) Amendment Regulations 2011
  • Electoral (Iwi Organisation and Other Māori Organisation) Regulations 2018
  • Electoral Main Rolls Closing Order 2020
  • Electoral Regulations 1996
  • Citizens Initiated Referenda (Fees) Regulations 1993
  • Citizens Initiated Referenda Regulations 1995
  • Referenda (Postal Voting) Regulations 2009

Recent Reviews and Electoral Reforms

Independent Electoral Review

The Electoral Act 1993, as a core part of our constitution, was reviewed between May 2022 and November 2023 by an independent six-person panel. The final report of this independent review was provided to the Minister of Justice on 30 November 2023 and published on 16 January 2024.

Further information about this review can be found on the archived Independent Electoral Review website here: Home | Independent Electoral Review(external link)

The final report and other supporting documents can also be downloaded here:

Recent electoral amendment acts

  • Electoral Amendment Act 2019 (external link)– This act restricted donations from overseas persons to political parties and candidates, to reduce the risk of foreign money influencing the election process.
  • Electoral Amendment Act 2020 (external link)– This amendment act introduced election day enrolment and voting in supermarkets and updated the emergency powers in the Electoral Act 1993.
  • Electoral Access Fund Act 2020 (external link)– This act came into force in July 2021. The Act established a fund, administered by the Electoral Commission, which was designed to remove or reduce barriers to standing as a candidate in a general election or a by-election faced by individuals as a consequence of their disability.
  • Waitangi Tribunal Report on Māori prisoners’ voting rights (external link)(WAI 2870) and Electoral (Registration of Sentenced Prisoners) Amendment Act 2020(external link) - this Act enfranchised people serving a sentence of imprisonment for less than 3 years and facilitated participation in the electoral system of prisoners who are to be released from prison following a sentence of over 3 years.
  • Electoral (Māori Electoral Option) Legislation Act 2022(external link) – The roll type a Māori voter is on determines whether they can vote for a candidate in a general electorate or a Māori electorate at any general elections and by-elections. This amendment act allowed Māori voters to change rolls at any time and as often as they like except during certain pre-election periods: the three months before polling day for general and local body elections; and, for some Māori voters in an electorate where a parliamentary by-election occurs, in the period leading up to the by-election. These changes came into effect on 31 March 2023.
  • Electoral Amendment Act 2022 (external link)- This act progressed changes to the disclosure rules for political donations and loans. It also provided a temporary extension of the eligibility criteria for New Zealand citizens from three years to six years, and for permanent residents from one year to four years for the 2023 General Election only, to mitigate the impact of COVID-19 travel restrictions.

Reports on the General Election

The Electoral Commission must report to the Minister on the administration of the general election within 6 months of the election, including any changes it considers necessary or desirable to the Electoral Act 1993. This report must be tabled in Parliament.

See Electoral Commission(external link) for more information, and to download a copy of its election reports.  

 Parliament’s Justice Committee opens an Inquiry into the previous general election, after each election.  

See: Inquiry into the 2023 General Election (external link)for more information about the current Inquiry process. 

 

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