New Zealand

Population Statistics

4,438,393

Total Population

665,759

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

25 September 2008

Ratified the Convention on the Rights of Persons with Disabilities


Electoral Regulations (1996, last amended 2014)

Updated: June 2015

Section 19 states:

(4) It shall be the duty of every Returning Officer to ensure that, as far as practicable, facilities for special voting are made avail- able at every hospital, maternity home, or institution for the reception or relief of persons requiring medical or surgical or other treatment or suffering from any illness, disease, or dis- ability, or for convalescent, aged, infirm , incurable, destitute, or poor people.

(5) Without limiting the generality of subclause (3), for the purpose of enabling hospital votes to be exercised in accordance with regulation 23, the Returning Officer in whose district any such hospital, maternity home, or institution as aforesaid is situated shall ensure that, as far as practicable, there are pro- vided at the hospital, maternity home, or institution the main and supplementary rolls, ballot papers, and voting papers for the districts ordinarily served by the hospital, maternity home, or institution, and a ballot box for each such district…

 

Section 23 states:

(5) Every elector who exercises a hospital vote shall alone and secretly— …

  • (c) mark any voting paper in accordance with the instructions on that voting paper.

(6) Where a hospital vote is exercised by a voter who—

  • (a) is wholly or partially blind; or
  • (b) whether because of physical handicap or otherwise, is unable to read or write; or
  • (c) has severe difficulty in reading or writing; or
  • (d) is not sufficiently familiar with the English language to vote without assistance,— section 170 of the [Electoral Act ] shall apply, so far as it is applicable and with the necessary modifications.

(7)…Every person present when a hospital vote is exercised by a voter—

  • (a) shall refrain from looking at or becoming acquainted with the vote given by the voter; and
  • (b) shall not in any way attempt to influence or interfere with the voter in the exercise of his or her vote; and
  • (c) shall not allow any person—
    • (i) see or become acquainted with the voter's vote; or
    • (ii) to assist the voter to vote; or
    • (iii) to interfere in any way with the voter in relation to his or her vote.

(8) When a hospital vote under this regulation has been exercised by a voter, the voter—

  • (a) shall fold his or her ballot paper so that the contents cannot be seen; and
  • (b) shall fold any voting paper or voting papers so that the contents cannot be seen; and
  • (c) shall then deposit the ballot paper so folded and the voting paper or voting papers (if any) so folded in the ballot box for the appropriate district...

 

Section 23A states:

(1) This regulation applies to any person in New Zealand who is qualified to vote at any election in any district as a special voter because he or she has satisfied an Issuing Officer that it will not be practicable for him or her to vote at a polling place in a district without incurring hardship or serious inconvenience on the ground that he or she—

  • (a) is blind; or
  • (b) is partially blind and is unable to mark the ballot paper without assistance; or
  • (c) has another physical disability and is unable to mark the ballot paper without assistance.

(2) A person to whom this regulation applies may request to vote by dictation if for the particular election a system allowing special votes by dictation is made available by the Electoral Commission…

 

Section 27 states:

(8) If the elector—

  • (a) is wholly or partially blind; or
  • (b) whether because of physical handicap or otherwise, is unable to read or write; or
  • (c) has severe difficulty in reading or writing; or
  • (d) is not sufficiently familiar with the English language to vote without assistance,— he or she may vote in accordance with subclause (9) or subclause (10).

(9) If an elector to whom subclause (8) applies votes at a polling place, the provisions of section 170 of the Act shall apply with the necessary modifications.

(10) If an elector to whom subclause (8) applies votes otherwise than at a polling place, the witness to the declaration…shall—

  • (a) assist the elector to mark the ballot paper and any voting papers; or
  • (b) mark the ballot paper and any voting papers as instructed by the elector.

 

Section 66 states:

(2) Where it appears to a Returning Officer that an elector is unfamiliar with the English language, the Returning Officer shall, before calling on an interpreter, if present, for assistance, draw to the elector's attention a poster containing instructions, both in English and in languages other than English, on how to vote...

(3)If—

  • (a) no such poster is available; or
  • (b) the elector, having had the poster drawn to the elector's attention, still requires assistance because of the elector's lack of familiarity with the English language,— the Returning Officer shall call on an interpreter, if present, to assist.

 

Excerpts from the Electoral Regulations (1996, last amended 2014)

Electoral Act (1993, last amended 2014)

Updated: October 2020

Section 4I, subsection (4) states:

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.

 

Section 78, subsection (6) states:

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.

 

Section 86 states:

(1) A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that—

  • (a) sets out the capacity in which he or she is acting; and
  • (b) 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—

  • (a) in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or
  • (b) in an approved electronic medium, by providing the information necessary to complete the form.

 

Section 170 states:

(1) Any elector who is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or write or has severe difficulty in reading or writing, or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section…

(2) At the request of any such voter, any person nominated by the voter, or, if no person is so nominated, the issuing officer, shall accompany the voter into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the voter with the assistance of the person nominated or, as the case may be, of the issuing officer, or may be marked by the person nominated or, as the case may be, by the issuing officer in accordance with the instructions of the voter….

 

Section 235, subsection (2) states:

If any such Judge, before the conclusion of the trial, becomes unable to act, the Chief Justice shall name another Judge to act in his or her place.

 

Section 267 states:

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes…

  • (e) prescribing conditions upon or subject to which special voters may vote:
  • (d) prescribing the time at which, and the manner in which, special voters may vote (whether at a polling place or not and whether in or outside New Zealand): …
  • (f) prescribing different methods of voting for different classes of special voters…

 

Excerpts from the Electoral Act (1993, last amended 2014)