Frequently Asked Questions

The Act amends the Electoral Act 1993 to disestablish the office of the Chief Registrar of Electors and transfer its functions (including responsibility for the electoral roll) to the Electoral Commission. This is the second and final stage of the integrated electoral administration reforms.

The Act implements recommendations about the administration of elections made by the Justice and Electoral Committee after the 2008 General Election. The Act enables immigration information checks to occur at the time enrolment applications are processed (rather than the previous post-registration check). It enables passport data to be used for enrolment purposes and allows the destruction of paper enrolment records that have been stored as secure electronic images.

Finally, the Act gives electors the option of re-enrolling and communicating changes to their enrolment details via the Internet using the Government’s igovt online logon service and ensures all electoral enrolment offences include Internet-based acts.

2. When does the Act come into force?

Amendments related to the Justice and Electoral Committee recommendations and the online elector service for re-enrolment and updating of elector details come into force the day after Royal assent.

The amendments for stage two of the integrated electoral administration reforms will come into force on 1 July 2012.

B. QUESTIONS ABOUT THE ELECTORAL AMALGAMATION REFORM

3. How is electoral enrolment managed now?

Under the Electoral Act 1993 the Chief Registrar of Electors is responsible for the electoral roll and all enrolment activities. The Chief Registrar of Electors is also the Chief Executive of New Zealand Post Ltd. The electoral roll and all enrolment activities are managed by New Zealand Post Ltd on a day-to-day basis through the Electoral Enrolment Centre.

4. How will the Act change the management of electoral enrolment?

From 1 July 2012, the Electoral Commission will assume responsibility for electoral enrolment, and the office of the Chief Registrar of Electors will be disestablished.

This will complete the second stage of the integrated electoral administration reforms. Stage one involved the transfer of functions of the previous Electoral Commission and the Chief Electoral Office to the new Electoral Commission on 1 October 2010. The reforms are being implemented in two stages to avoid any disruption to electoral activity.

It is likely that the Electoral Commission will contract with an external provider for the delivery of electoral enrolment services. The ability of an external service provider to maintain the current high level of enrolment and accuracy of the electoral roll will be a key part of any contract negotiations.

5. Why is the Electoral Commission being made responsible for electoral enrolment?

Before the current Electoral Commission was established, responsibility for electoral services was split among three agencies. Several reviews noted that this led to inefficiencies, as well as confusion for members of the public, candidates and political parties. Making the new Electoral Commission responsible for all electoral services, including running elections and managing enrolment services, will enable it to exercise necessary strategic oversight. It also provides a “one stop shop” for the public, candidates and political parties.

6. Will the reform of electoral enrolment affect the next general election, the Māori Electoral Option or the work of the Representation Commission?

The integrated electoral administration reforms are being implemented in two stages to avoid any disruption to electoral activity, including the Māori Electoral Option and the work of the Representation Commission. The provisions relating to electoral agency amalgamation come into force on 1 July 2012, which will provide sufficient time to transition to the new arrangement without disrupting the next general election. There will be no change to electoral administration arrangements for the 2011 General Election as a result of the Act.

C. QUESTIONS ABOUT THE FINAL GOVERNMENT RESPONSE TO THE JUSTICE AND ELECTORAL COMMITTEE’S RECOMMENDATIONS

GENERAL

7. How did the Committee’s recommendations arise?

Following a general election, a select committee inquiry is carried out about how the election was conducted and how the relevant electoral law functions. The Justice and Electoral Committee made five recommendations following the 2008 General Election.

8. What were the Committee’s recommendations?

The Committee made five recommendations about electoral administration on the following matters:

the delivery of election material on polling day;
advance voting;
the time at which an elector’s immigration status is checked;
the destruction of paper enrolment records; and
the use of passport information for enrolment purposes.

9. Does the Act implement any of the Committee’s recommendations?

The Act implements three of the Justice and Electoral Committee’s five recommendations. The Act changes the time at which an elector’s immigration status is checked, authorises the destruction of paper enrolment records provided that they are stored as secure electronic images, and authorises the use of passport information for enrolment purposes.

10. Will the Act’s implementation of three of the Committee’s recommendations save money?

Savings of approximately $600,000 over each three year election cycle are expected.

11. What about the other recommendations the Committee made?

The remaining two of the Justice and Electoral Committee’s five recommendations concerning advance voting and the delivery of election material on polling day have been dealt with separately.

The Electoral (Finance Reform and Advance Voting) Amendment Act 2010 removes the requirement for advance voters to establish their eligibility and complete a written declaration in order to vote in advance.

The Justice and Electoral Committee recommended the Government consider reviewing section 197(1)(g) of the Electoral Act 1993 which makes it an offence to distribute election material on polling day. The Government decided not to amend the section as it should continue to be an offence to distribute election material on polling day.

PRE-ENROLMENT CHECK USING IMMIGRATION INFORMATION

12. What changes does the Act make to the time at which an elector’s immigration status is checked?

The Act enables an elector’s immigration status to be checked at the time the elector’s enrolment application is processed, rather than after they are enrolled.

13. Why is the amendment needed?

Previously, under the Electoral Act 1993, the immigration status of an elector could only be checked after the elector was enrolled. The challenge process (which required at least two attempts at contacting the enrolled voter) and eventual removal of a person from the electoral roll could take up to two months. This meant that an unqualified elector could potentially cast a vote before his or her name is removed from the electoral roll. The new process is not only more efficient, but it also occurs before the person is enrolled.

In addition, a pre-enrolment check with a streamlined procedure for notifying challenges to ineligible applicants would save approximately $400,000 over the three year election cycle.

14. How does the new notice procedure work?

Within five working days of receiving advice of the potential ineligibility, the Registrar must deliver or send by post a written notice to the applicant. The notice must advise the results of the immigration status check and the applicant’s ineligibility for enrolment unless contrary evidence is provided within five working days after the applicant receives the notice.

The Act provides that a further notice must be sent to the applicant. The Registrar can only decide not to enrol the applicant after considering any response received or, if no response is received, after 10 working days from the applicant receiving the second notice. If the Registrar decides the applicant is not qualified to enrol, a written notice confirming the decision must be sent to the applicant.

15. Can the immigration information be used for any other purpose?

There is no change to the type of information being matched or to its use. As with all information matching under the Electoral Act 1993, the information can only be used for enrolment purposes. Immigration information cannot be used to initiate prosecutions for failing to enrol or for other offences such as unlawfully residing in New Zealand.

16. What guarantee is there that eligible electors won’t be rejected by mistake?

The Act provides a robust notice procedure if the pre-enrolment eligibility check reveals the applicant is unlawfully in New Zealand or only holds a temporary entry class visa.

DESTRUCTION OF PAPER ENROLMENT RECORDS STORED AS SECURE ELECTRONIC IMAGES

17. What changes does the Act make to the storage of enrolment records?

The Act allows paper enrolment records to be destroyed once secure electronic images are stored.

18. Why is this amendment needed?

Previously, enrolment records for each elector were stored in each electorate. If an elector moved to another electorate, the paper enrolment records had to be physically moved to and stored in the new electorate. In addition, the latest enrolment record may have needed to be transferred between electorates at the time of boundary changes.

The manual handling of enrolment records was time and resource intensive. It cost the Electoral Enrolment Centre around $150,000 to $200,000 in administration costs in each three year electoral cycle due to this previous requirement.

19. What are enrolment records?

Enrolment records include enrolment applications, enrolment inquiries, Māori electoral options, confirmation of an elector’s new place of residence and change of enrolment details (eg, change of address forms, change of name by deed poll or marriage, written correspondence).

20. Why are enrolment records kept?

The Electoral Enrolment Centre must retain enrolment records so it can subsequently check the accuracy of a record, if necessary, to verify an elector’s eligibility to be on the roll and to vote, or to stand as a candidate (candidates must be validly enrolled). The enrolment record can also be used in any electoral petition on an elector’s eligibility to vote or stand as a candidate.

21. Could paper enrolment records be destroyed previously?

The Electoral Act 1993 authorised the Registrar to destroy paper enrolment records that were no longer required provided that two general elections had taken place since the records were made and the Registrar considered that the records were no longer required.

22. How are paper enrolment records stored as secure electronic images?

The Electoral Enrolment Centre has a fully operational electronic document management system. The Electoral Enrolment Centre scans all enrolment applications immediately on receipt.

23. How does the Electoral Enrolment Centre prevent manipulation of the scanned enrolment record?

The Electoral Enrolment Centre’s electronic document management system has been fully operational since December 2009. Scanned enrolment records are stored in a secure, read only, archive directory. Protections against unauthorised access include the logging of any search, view, or access to any enrolment record for maintenance purposes.

24. What happens if the Electoral Enrolment Centre’s hard drive crashes?

The Electoral Enrolment Centre has robust backups in place for any hard drive crash. This includes backup databases and both daily and monthly backups which are stored offsite.

25. Can an individual inspect their stored electronic records and how does this work?

Yes, retention of applications for registration is necessary in order to facilitate the public’s right to inspect applications [see note]. To inspect their enrolment records, electors need to visit the Registrar’s office with proof of identity. If the request is made within three months of receipt of their enrolment record they will be shown their original, otherwise it will be a print copy of the imaged form.

[Note: Under section 110(3)(e) of the Act, any person may inspect his or her application for registration as an elector. Additionally, under section 110(3)(f) any person may inspect the application for registration of any person whose name is on the electoral roll with that person’s consent, or if the Registrar is satisfied that the inspection of the application is “justified by a genuine and proper interest”.]

NEW DATA MATCH FOR NEW AND RENEWAL PASSPORT APPLICANTS

26. What additional information matching is introduced by the Act?

Information on applicants for new and renewed New Zealand passports is to be provided to the Chief Registrar of Electors for enrolment purposes.

27. Why is this additional information matching needed?

The Electoral Enrolment Centre estimates 191,000 eligible voters are not enrolled. In addition, it is estimated that at least 150,000 people who have moved since the 2008 General Election have not updated their address details.

The Electoral Enrolment Centre has, over recent years, consistently achieved enrolment rates at around 95 per cent of the estimated eligible voting population. As at the end of February 2010, the enrolment rate had declined to 92.8 per cent. This decline may continue without further data matching support.

Passport data provides an up-to-date source of personal information. A data match test run identified that just over 10 per cent (11,770) of new passport applicants (116,457) in the period 1 October 2009 through to 31 March 2010 were either not enrolled or were enrolled at a different address to that advised to the Passport Office, and had not been identified previously through existing processes. The test run highlights the benefits of the additional data match in maximising enrolment and ensuring the accuracy of the electoral roll.

28. What other existing information matches are currently being carried out under the Electoral Act 1993?

Section 263B of the Act allows the Registrar to request, from time to time, specified information from the databases of the Ministry of Social Development, the Ministry of Transport, New Zealand Transport Agency and the Department of Internal Affairs (DIA) to ensure the electoral roll is accurate and up-to-date. Data matches are undertaken four times each calendar year. The data provided by DIA was limited to information held in the citizenship register (section 263B(4)(d)) and did not include data on applicants for new and renewal passports.

29. Does the Privacy Commissioner support this additional data match?

The Office of the Privacy Commissioner has assessed the additional data match against the information matching guidelines and confirmed the match meets the criteria. The Office is satisfied that, although it does not result in any monetary savings, the match is a useful addition to the Chief Registrar of Electors’ existing matches and result in more people being on the electoral roll [see note].

[Note: Section 98 of the Privacy Act 1993 requires the Privacy Commissioner to consider whether an information matching proposal will result in monetary savings that are both significant and quantifiable or in other comparable benefits to society.]

30. Can the passport information be used for prosecution of electoral offences?

Passport information cannot be used for any purpose other than to encourage enrolment and cannot be used to initiate prosecutions for failing to enrol.

D. QUESTIONS ABOUT ONLINE ELECTOR SERVICES

31. What does the Act do?

The Act gives voters the option of re-enrolling (eg, if the elector is moving between electoral districts) and communicating changes to their enrolment details (eg, making a name change) using the Internet. The online service uses the igovt logon service, which is a government logon service developed by the Department of Internal Affairs.

The Act also ensures that all electoral enrolment offences include Internet-based acts.

32. How does the online service work?

Everyone who wants to use the online service first has to indicate this by signing a paper form. Applicants can get the form by going into their nearest Registrar of Electors Office or NZ PostShop, going online at http://www.elections.org.nz, or by calling freephone 0800 36 76 56 (0800 ENROL NOW) or freetexting their name and address to 3676.

The process is as follows:

Process for online service

33. What is igovt?

The public can use the igovt logon service to log on to government online services, using one username and password, in a safe and private way. To find out more about the igovt logon service on the Department of Internal Affairs’ website go to https://www1.i.govt.nz/cls/static/faq.

34. How does the new online service differ from the previous online service the Electoral Enrolment Centre provided?

The Act allows people to re-enrol or update their enrolment details online, without the need for a signed enrolment form.

Previously, when people enrolled or updated their details, they could fill in the information online but they had to complete the process by signing the completed form.

35. Are physically disabled people able to opt into the new service?

Yes.

36. Are people living overseas able to opt into the new service?

Yes. Eligible electors living overseas can opt to use the online service but they first need to fill out a form to indicate that they want to do so. Once they have signed onto the online service, they are able to log on from overseas.

37. Is there potential for false igovt logons to be created?

The protocols surrounding igovt regulate the creation of logons, and are controlled by the Department of Internal Affairs. Eligible electors are only able to register one logon to use the online service (optional online re-enrolment and updating of details service). This works through the registration process, which is separate to the igovt logon setup.

When people register to the igovt service, they create an igovt logon. People then register to use the online service and enter a unique activation code that has been provided to them. This links one igovt logon to one elector on the electoral roll. People are unable to link more than one igovt logon to the online service, although they may have other igovt logons for other services if they choose.

38. When will full online enrolment be introduced?

Further changes to the Electoral Act 1993 will be required in order to enable full online enrolment. It is likely that these changes will be made after the 2011 General Election, once the igovt logon service for re-enrolment has been trialled and providing that the necessary technology is available.

E. QUESTIONS ABOUT THE SELECT COMMITTEE PROCESS AND ITS RECOMMENDATIONS

39. How many submissions were there on the Bill and can I view them?

The Committee received four submissions and heard from two of the submitters.

The submissions have been made public and can be found on the Parliament website at www.parliament.nz.

40. What changes to the Bill did the Justice and Electoral Committee recommend?

The Justice and Electoral Committee made a number of recommendations in its report including:

bringing forward the implementation date for the transfer of the functions of the Chief Registrar of Electors to the Electoral Commission from 1 October 2012 to 1 July 2012;
including contact telephone numbers and an email address in the contact details that can be provided to the Tūhono Trust for consenting Māori voters who choose to register with the Māori Affiliation Service
clarifying that an electronic copy of enrolment records replacing paper records can be used for exactly the same purposes as the paper copy
making a number of technical drafting and cross-referencing amendments to the Electoral Act 1993 to ensure that electoral legislation remains accurate and up-to-date.

41. Why is the implementation date for the transfer of the functions of the Chief Registrar of Electors to the Electoral Commission being changed?

The date was brought forward from 1 October 2012 to 1 July 2012 to align with the beginning of the 2012/13 financial year and thereby avoid part-year reporting. This change of date is expected to reduce administrative burden.

42. Are there any risks to the implementation process?

No risk to the implementation process as a result of the shortened timeframe has been identified.

43. What are the Tūhono Trust and the Māori Affiliation Service?

Under the Electoral Act 1993, the Chief Registrar of Electors is empowered to seek the consent of declared Māori electors to supply certain electoral and iwi affiliation information set out in section 111C(2) to a designated body, which is the Tūhono Trust. The Tūhono Trust is responsible for the Māori Affiliation Service, which involves electronically capturing and supplying that information to iwi and other Māori organisations, to assist them with the development and maintenance of their membership registers.

44. Where can I get more information about the Tūhono Trust and the Māori Affiliation Service?

For further information about the Tūhono Trust or to register directly with the Tūhono Trust, please go to www.tuhono.net. For questions about the consent process for electoral information being supplied to the Tūhono Trust, please contact the Electoral Enrolment Centre on 0800 ENROL NOW (0800 36 76 56) or email enrol@elections.org.nz.

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Ministry of Justice, New Zealand

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Electoral