07/09/23
Gareth Watkins
By email to:
[FYI request #23765 email]
Dear Gareth
OFFICIAL INFORMATION ACT REQUEST 2023/34
On Thursday 10 August 2023 you made a request under the Official Information Act 1982 (the OIA)
for the following information:
Could you please supply me with the following.
1. Whether the supply of electoral rolls is a commercial arrangement with Ancestry, and the
details of that arrangement (charges, contract etc).
2. The names of any other commercial organisations that the Commission has supplied electoral
rolls too. Please also specify in which countries the organisations are registered, and any monies
the Commission has received from the preparation and supply of the rolls.
3. All information relating to the decision to release/supply the electoral rolls dated so close to
the present day (e.g. the 2010 electoral roll).
4. All information relating to any discussions within the Commission about whether the supply of
contemporary voter information challenges the integrity of the electoral process.
The Commission’s response follows.
1. Whether the supply of electoral rolls is a commercial arrangement with Ancestry, and the
details of that arrangement (charges, contract etc).
The Electoral Commission has no commercial relationship with Ancestry.com.au.
Section 110(5) of the Electoral Act 1993 (The Act) provides that any person may, on paying
the prescribed fee, obtain a copy of the main or supplementary roll for an electoral district
and/or an index compiled unde
r section 108 of the Act.
Section 117(1) of the Act provides that it is an offence to process, manipulate, or otherwise
change by optical scanning or other electronic or mechanical means, any printed electoral
roll, in such a way as to produce that information or part of that information in a different
form from that in which it was supplied under this Act.
Electoral Commission
Level 4, 34-42 Manners Street, PO Box 3220, Wellington 6140, New Zealand
Telephone +64 4 495 0030 Fax +64 4 495 0031
www.vote.nz | www.elections.nz
However, section 117(3) of the Act provides that it is permissible to process, manipulate, or
otherwise change information contained in any printed roll into a different form, if the
information was obtained under the Electoral Act more than 10 years before the date on
which the processing or manipulation is done or the change is effected.
It is noted that the Ancestry.com.au website refers to New Zealand Electoral Roll
information for the period 1853 to 2010. Sections 111 to 114A of the Act require the
provision of specified electronic elector data on request to the Tūhono iwi affiliation service,
local councils, the Ministry of Justice, political parties, candidates and MPs, Stats NZ for
statistical and research purposes and state sector organisations for research purposes.
These provisions do not allow any electronic elector data to be provided to commercial
organisations.
2. The names of any other commercial organisations that the Commission has supplied
electoral rolls too. Please also specify in which countries the organisations are registered, and
any monies the Commission has received from the preparation and supply of the rolls.
The Electoral Commission only holds data relating to the sale of electoral rolls going back to
2021.
Between 2021 and 2023 there have been a total of 205 separate roll sales, totalling 1,487
electoral rolls and 69 Habitation Indexes. The total monies received from these roll sales
was $47,034.94.
This includes the following commercial entities that have purchased electoral rolls over the
period 2021 to 2023.
Alison Green Law
Mactodd Lawyers
Allied Press
Malborough Automotive
Anderson Memorials
Malborough Lines Ltd
Asteron Life Ltd
Mangere Congregation of Jehovah’s Witness
Auckland central Jehovah's Witnesses
McIntosh & Signal Ltd
Auckland Library
McKenzie Law
Barfoot & Thompson Real Estate
Medical Alarms
Berry & Co
Moore Ltd
Bisson Moss Ltd
Morris & Morris Funeral Directors
Boyer Estate Ltd
Mwis Lawyers, Whangarei
Bramwell Bate, Lawyers
Napier City Library
Christchurch Casino
New Plymouth CAB
Christchurch City Library
New Zealand Cancer Society
Clancy, Fisher, Oxner & Bryant
New Zealand Post
Congregation of Jehovah’s Witness
Norris, Ward, McKinnon
Connors Legal
North End Law
Electoral Commission
Level 4, 34-42 Manners Street, PO Box 3220, Wellington 6140, New Zealand
Telephone +64 4 495 0030 Fax +64 4 495 0031
www.vote.nz | www.elections.nz
Core Legal
North Otago Motor Group
Corett Quillam Lawyers
NZR Real Estate Ltd
Cruickshank, Pryde Barristers and Solicitors
Onehunga Jehovah’s Witness
Danniverke Cave Dwellers Inc
Otari Catholic Parish
Danniverke Congregation Jehovah’s Witness
Palmerston North Library
Dew & Company
Penketh Property Law
Driving Ms Daisy, North Canterbury
Pinpoint Professional Investigators Ltd
Duncan Cotterill
Pitt & Moore Lawyers
Dunstalls Funeral Services
Porirua City Library
Easy Find Ltd
Presbytarian Support Upper South Island
Fendalton Funeral Services
Process Servers, Rotorua
Firewatch Wairarapa Tararua Ltd
Property Brokers
First Gas
Purnell Lawyers
Fitzherbert Rowe, Lawyers
Rabobank
Foresight Financial Planning
Radich Law
Gawith Burridge Lawyers
Rae Wright Ltd
Gibson Sheat Lawyers, Masterton
RMF Silva Ltd
Government Superannuation Fund Authority Rotoma No.1 Incorporation
Gresson Dorman & Co
Salvation Army
H B Williams Memorial Library
Schofield Law
H Foundation Life (NZ) Ltd
Seaworks Ltd
Hall Law
Security Alert Ltd
Halliwells
Sellar & Sellar Chartered Accountants
Hamilton Filipino
Selwyn Libraries
Hannan Seddon Lawyers
Shand Thompson Ltd
Hansen Bate Ltd
Shone and Shirley Funeral Directors
Harcourts Team Taranaki
Smith Law
Harcourts West Coast
Sole Trader Protect Partnership
Hardy-Jones, Clarke
Solomons
Haven Realty Group 2014 Ltd
South Pacific Pictures
Headstone Warehouse
Sumpter Moore Lawyers
Home Safe Alarms
Tasman District Library
Hope Associates Legal
Taupo North Congregation of Jehovah’s Witness
Hospice South Canterbury
Te Runga o Ngati Whatua
HTL Group
The Beacon
Hutt City Council Libraries
Thompson O’Neil & Co
Innes Dean Lawyers
Thompson Wilson Law
Invercargill Jehovahs Witness
Threadwell Gordon
Kaimai Law, Bethlehem
Timaru District Libraries
Kaimai Law, Katikati
Tripp Rollerston & Co
Kapiti Independent News
TVNZ Research Library
Knapps Lawyers
Wadham Partners lawyers
Langley Twigg Lawyers
Waiau Pa Historical trust
Leishman Funeral Services
Wairarapa Building Society
Electoral Commission
Level 4, 34-42 Manners Street, PO Box 3220, Wellington 6140, New Zealand
Telephone +64 4 495 0030 Fax +64 4 495 0031
www.vote.nz | www.elections.nz
Locally Loyal
Wellington College Old Boys Association
Loughans
WG Broadbent & Co
Lucas Ltd
Wilkinson Rodgers Lawyers
Lychway Funeral Directors
Wisehart, MacNab & Partners
MacDonald, Brummer Lawyers
No organisation using the name “Ancestry” is recorded as having purchased electoral rolls
from the Commission between 2021 and 2023.
3. All information relating to the decision to release/supply the electoral rolls dated so close
to the present day (e.g. the 2010 electoral roll).
As discussed above, the Act provides that any person may purchase copies of a main or
supplementary electoral rolls, and that after 10 years they may process, manipulate, or
change any information in a printed roll, into a different form (for example on a website).
Thus, the decision to release or supply electoral rolls so close to the present day is made to
meet legislative requirements.
4. All information relating to any discussions within the Commission about whether the supply of
contemporary voter information challenges the integrity of the electoral process.
In 2022 the Commission made a submission to the Independent Electoral Review in relation
to access to Electoral Rolls. That submission is included below, and can also be accessed via
this link
:Submissions (2022) | Independent Electoral Review
Maintaining and accessing the electoral rolls
Since 2002 the rolls have been maintained continuously for the conduct of parliamentary
and local elections and referendums.
For the most part maintaining the rolls is an electronic process using the Commission’s
enrolment management system. While there is less reliance on paper, the Commission is
still required to produce printed copies of the rolls and habitation indexes on an annual
b
asis.[1] The printed rolls and indexes are made available for inspection at the Commission’s
offices and public librarie
s.[2] Changes to the Commission’s regional structure in 2022 mean
the public can now only inspect the printed rolls and indexes, the master roll or list of
dormant electors for a dist
rict[3] at a limited number of our offices.
Electoral Commission
Level 4, 34-42 Manners Street, PO Box 3220, Wellington 6140, New Zealand
Telephone +64 4 495 0030 Fax +64 4 495 0031
www.vote.nz | www.elections.nz
Allowing access to rolls serves an important integrity function, enabling people to be
assured of the accuracy of the rolls. However, access to the rolls must be balanced with the
need to protect personal information on the roll that New Zealanders are compelled to
provide and individuals’ concerns about the privacy of their personal information.
Sale of printed rolls and habitation indexes
The Commission recommended in its reports on the 2014, 2017 and 2020 elections the Act
be amended to remove the rolls and habitation indexes from general sale. Despite a
recommendation for a review of this area by the Justice Committee in its report on the 2017
General Election, to be conducted in conjunction with the Privacy Commissioner, there
appears to have been no progress on a review to date.
In our view, allowing any person in New Zealand Aotearoa or overseas to purchase a printed
copy of the roll (listing electors’ name, address and occupation if specified) and use it for
any purpose is inconsistent with the Privacy Act principles and contemporary understanding
of the appropriate handling and use of personal information. Contrary to their primary
purpose, the rolls are mainly purchased by business, media organisations and private
investigators and used for debt collection, marketing, and other ancillary purposes.
There are restrictions on the digitisation of a paper roll, but once sold, or where rolls are
available for inspection in unsupervised locations, digitisation may be occurring.
New Zealand Aotearoa is well out of step with tighter restrictions in other jurisdictions. In
Australia, for example, rolls have not been available for sale since 2004 and can only be
inspected at an office of the Commission.
Recommendation made in report on 2020 General Election and referendums
Page
The Commission recommends legislative change to remove electoral rolls and
57
habitation indexes from general sale except to MPs, parties and candidates for
electoral purposes, and that public inspection of an electronic copy of the roll is
provided for only at national and regional offices of the Commission.
Electoral Commission
Level 4, 34-42 Manners Street, PO Box 3220, Wellington 6140, New Zealand
Telephone +64 4 495 0030 Fax +64 4 495 0031
www.vote.nz | www.elections.nz
Production and sale of Index to Places and Streets
4. The Commission works with Land Information New Zealand (LINZ) to produce the
Index of Places and Streets, habitation indexes and up to date address
information for electors who move into new developments or properties.
5. The Electoral Act does not make any provision for the Commission to share
elector address information with LINZ. We recommend there is express provision
that specifies what information the Commission can provide to LINZ to assist
with the maintenance of the rolls and habitation indexes under Part 5 of the Act.
6. The Act should be future proofed to allow for the supply of the index in digital
format. This will allow us to transition away from the paper index prepared by
LINZ and used by electoral officials to look up voters’ addresses in voting places.
7. In addition, the Index has not been available for sale to the public for a number
of years. On that basis we recommend removing provision for the sale of the
physical indexes in the Act.
Recommendation made in report on 2020 General Election and referendums
Page
The Commission also recommends review of the provisions for the sale and
58
inspection of the Index to Places and Streets and clarification of the address
information provided by Land Information New Zealand and their access to the
habitation index for that purpose.
Supply of electronic roll data for research and campaign purposes
1. The Act is highly prescriptive about who, how and for what purpose roll data can be
supplied including:
• the Tūhono iwi affiliation service
• local councils for electoral purposes
• the Ministry of Justice for jury lists
• political parties, candidates and MPs
• state sector organisations for health or scientific research
• Stats NZ for the production of official statistics or research.
2. We also note that the Act is unclear whether local body candidates standing on the
same ticket are able to make one request for data (and pay one fee) or apply separately.
The arrangements are less clear than those for a party which means we are not able to
process them as an application by a party.
Electoral Commission
Level 4, 34-42 Manners Street, PO Box 3220, Wellington 6140, New Zealand
Telephone +64 4 495 0030 Fax +64 4 495 0031
www.vote.nz | www.elections.nz
The master rolls
3. The master roll shows a record of who has voted at an election. After an election we
compile a master roll for each district, which is kept for three
years.[4] The master roll for
a district can only be inspected at our offices by the electors of that district. Academics
and parties have shown an interest in having access to master roll data, particularly in
electronic form. This would require law change.
4. There are significant policy and operational issues that would need to be worked
through for such a proposal. Questions for consideration include:
• Should this data be available before the close of polling for an election or only after
an election?
• What privacy concerns would voters have?
• Would it be operationally feasible to collate this information before election day and
the scrutiny and qualification of special voters?
• Who should be allowed access to this data?
• How long should they be able to keep the data?
5. Although the master roll does not show how voters have voted, sharing the master roll
more widely could undermine the public’s confidence about the secrecy of the ballot.
Other interested parties may argue they have a right to see a person’s choice to cast a
vote.
6. We would welcome any further consideration of these issues in consultation with the
Privacy Commissioner.
Recommendation made in report on 2017 General Election
Page
The Commission recommends that Parliament considers whether or not
34
electronic master roll information should be available to parties during or after
the election. The Commission recommends consultation with the Privacy
Commissioner, as information about whether or not a person has voted
engages significant privacy interests.
[1] See sections 104, 105, 107 and 108 of the Electoral Act 1993.
[2] Section 110 of the Electoral Act 1993.
[3] Section 110(3) of the Electoral Act 1993 lists the documents that can be inspected at the
Commission’s offices.
[4] Section 187(3) to (5) of the Electoral Act 1993.
Electoral Commission
Level 4, 34-42 Manners Street, PO Box 3220, Wellington 6140, New Zealand
Telephone +64 4 495 0030 Fax +64 4 495 0031
www.vote.nz | www.elections.nz
In the interests of transparency, we release responses to Official Information Act requests
every 3 months. We will publish this response with your personal details redacted.
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. Information about how to do this is
available at
www.ombudsman.parliament.nz or by phoning 0800 802 602.
Yours sincerely
Ross McPherson
Director, Enrolment
Electoral Commission
Level 4, 34-42 Manners Street, PO Box 3220, Wellington 6140, New Zealand
Telephone +64 4 495 0030 Fax +64 4 495 0031
www.vote.nz | www.elections.nz
