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Dear Stefan,

 

Thank you for your information request dated 7^th October 2020, pursuant
to the Official Information Act 1982 (the Act), which asked the Commission
to provide all information, advice or any other documentation made
available in any form to any Electoral Commission staff members,
contractors or any other persons who might provide advice to the public
regarding the eligibility of voters who are in New Zealand on a Residence
Class visa.

 

You have also requested that we provide any documentation which informs
the current content on our website or in any other public information or
advertising materials regarding the eligibility of voters who are in New
Zealand on a Residence Class visa.

 

Please find attached all of the information available both to the
Electoral Commission and our contractors which includes our standard
correspondence, website content, events messaging, training materials and
information leaflets.

 

We trust this answers your questions. You have the right under section
28(3) of the Act to make a complaint to the Ombudsman if you are not
satisfied with the response to your request.

 

Kind regards,

 

 

Electoral Commission | Te Kaitiaki Take Kōwhiri  

PO Box 3220 | Level 10, 34 – 42 Manners Street | Wellington | 6140 | New
Zealand

Phone +64 4 495 0030 | Fax +64 4 495 0031 | [1]vote.nz | [2]elections.nz

 

 

 

From: Stefan

Date: Wed, Oct 7, 2020 at 3:02 pm

Dear Electoral Commission,

Please provide all information, advice or other documentation made
available in any form to any Electoral Commission staff members,
contractors or any other persons who might provide advice to the public
regarding the eligibility of voters who are in New Zealand on a Residence
Class visa.
Please also provide any documentation which informs the current content on
your website or in any other public informational or advertising materials
regarding the eligibility of voters who are in New Zealand on a Residence
Class visa.

Pursuant to Section 12 of the Official Information Act 1982, I am
requesting that my request be responded to with urgency. The reasons for
this being:
1. The New Zealand general election is due to be held within 20 working
days (on Saturday 17 October).
2. The information provided on the Electoral Commission website regarding
the eligibility of holders of Resident visas who have been living in New
Zealand for 12 months to vote is:
- not clear that the holder of a Resident visa with travel conditions may
be eligible to vote, irrespective of whether those travel conditions have
been lifted by way of their application for a Permanent Resident visa.
- not written in plain English such that someone whose first language is
not English might more easily be able to understand it.
- not provided in any language other than English, Te Reo Māori or New
Zealand Sign Language such that someone who did not speak one of these
three languages might more easily be able to understand it.
3. The information provided to me over the phone when I called the
Electoral Commission indicated to me that the staff in the call centre
were not aware of the difference between a Resident and a Permanent
Resident visa with regard to the holders of each having an equivalent
ability to vote.
4. Points 2 and 3 are likely to result in the effective disenfranchisement
of otherwise eligible voters who have remained lawfully in New Zealand for
12 months on a Resident visa with travel conditions, if this information
is not released and clarified as early as possible prior to 17 October
2020.

Note that if all of the requested information cannot be released with
urgency at once, that you make available as much information as possible
in multiple releases prior to the election date.

Note also that I believe the above effective disenfranchisement stems from
a difference in terminology used by the Immigration Act 1987 and the
Immigration Act 2009. Section 406(1) of the Immigration Act 2009 updated
the legal definition contained in the Electoral Act 1993, but failed to
align the terminology of the two Acts. The Electoral Commission uses
accurate terminology with reference to its own Act, but fails to make
clear to potential electors that all Residence Class visa holders under
the Immigration Act 2009 may be eligible to vote.

I confirm that I am a New Zealand citizen and I currently live in New
Zealand, making me eligible to make requests under the Official
Information Act 1982.

Yours faithfully,

Stefan

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