ELECTORAL COMMISSION
TE KAITIAKI TAKE KŌWHIRI
POLICY AND PROCEDURES FOR THE REGISTRATION AND
CANCELLATION OF REGISTRATION OF POLITICAL PARTIES
AND LOGOS
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Contents
1.
Introduction ............................................................................................................. 3
2.
Registration of a political party and logo .................................................................. 4
Receipt of application and initial checks ........................................................................ 6
Electoral and authentication checks ............................................................................. 12
Public consultation ........................................................................................................ 15
3.
Determination of party (and logo) application ........................................................ 16
4.
Changes to registered parties (and logos) ............................................................... 17
5.
Annual membership declaration ............................................................................ 19
6.
Cancellation of registration of party (and logo) ....................................................... 20
Electoral Commission | Party Registration Policy and Procedures 2
1. Introduction
Purpose
The Commission’s statutory objective is to administer the electoral system impartially, efficiently,
effectively, and in a way that:
facilitates participation in parliamentary democracy; and
promotes understanding of the electoral system; and
maintains confidence in the administration of the electoral system.
The purpose of this document is to set out the Electoral Commission’s (Commission) policy and
responsibilities with regard to the registration and cancellation of registration of political parties and
logos in accordance with Part 4 of the Electoral Act 1993. All section references in the document are
to the Electoral Act 1993 unless otherwise specified.
Scope
This document describes the statutory requirements and processes that will be followed for the
registration and cancellation of registration of parties and logos which the Commission is responsible
for in accordance with the requirements of the Electoral Act. This document applies to Board
members and staff of the Commission. Detailed guidance for prospective parties is provided in the
Commission’s Party Registration Handbook.
Responsibilities
Electoral Commission Board
Registration and cancellation of political parties and logos are reserved to the Board. Significant
changes to this policy require Board approval.
Chief Electoral Officer
The Chief Electoral Officer shall be consulted on any decision to return an application to register a
party after the initial checking stage, any additional evidence requirements for an application to vary
a party’s name or any decision to request the party’s list of members. The Chief Electoral Officer is
responsible for approving minor changes to this policy.
Electoral Policy Team
The Electoral Policy Team is responsible for processing applications to register or cancel political
parties and logos. The Electoral Policy Team is also responsible for maintaining this policy and the
Party Registration Handbook, both of which will be regularly reviewed to ensure they conform to the
requirements of Part 4 of the Electoral Act.
Project Support Officer
The Project Support Officer is responsible for updating the Register of Political Parties database and
issuing a receipt for the application fee.
Communications Advisor
The Communications Advisor is responsible for updating the Register of Political Parties on the
Electoral Commission’s website.
Electoral Commission | Party Registration Policy and Procedures 3
2. Registration of a political party and logo
Overview
An application for registration of a political party may be made to the Commission in accordance
with the requirements of Part 4 of the Electoral Act. A party may apply to register a logo at the same
time or after the party is registered.
There are three key stages to the application process before the Board can determine an application:
Receipt of application and initial checks
Enrolment and authentication checks
Public consultation
The steps and approximate timeframe taken to process an application is as follows:
Electoral Commission | Party Registration Policy and Procedures 4
Registration application made to the Commission
Time taken in
working days
Commission undertakes initial checks including:
Application complete
Prima facie evidence of 500 current financial members who are eligible to enrol
Auditor appointed who is eligible to act and consented to appointment
Application fee paid
Logo application (if any) complete
5 days
If application is incomplete (or
If the processing of the
invalid members found)
application is prohibited
Commission to notify applicant
applicant notified – no
and specify what must (or may)
further action until after
be remedied within a specified
the day for the return of
timeframe, or return
the writ
application
Enrolment and authentication checks
10 days
If the application fails the enrolment checks or
significant issues arise with the authentication checks
the applicant will be notified and asked to provide a
response (within 5 days) after which the application
can be considered by the Board at this stage
5 days
Arrange public notices for public consultation
10 days
Public consultation
5 days
Party given opportunity to provide a response on comments (if any received)
10 days
Application considered by Board and application finalised
Electoral Commission | Party Registration Policy and Procedures 5
Receipt of application and initial checks
Checking the application on receipt
The Commission must ensure an application to register a party (and logo) satisfies the requirements
of Part 4 of the Act.
The application must be in writing and made by the party secretary or an MP who is a current
financial member of the party. Applications should be made using the Commission’s party
registration application form.
The name of the party and any abbreviation the party wishes to use and the name and contact
details for the party secretary must accompany the application (section 63).
On receipt of an application initial checks are undertaken by the Commission to ensure that prima
facie the requirements of sections 63 and 63A (and section 71C) are met and it is a time when an
application can be processed section 64 (and section 71E).
Initial checks include:
1. it is a time when an application can be processed
2. the auditor is eligible to be appointed as an auditor
3. checking the membership form used contains all the required information
4. the application includes evidence of at least 500 current financial members who are
eligible to enrol as electors
5. the application is otherwise complete (the checklist that accompanies the application
form sets out the requirements that must be met) and the $500 fee has been received.
Times when registration prohibited
An application to register a party cannot be progressed during the election period (beginning with
writ day and ending with the last day for the return of the writ for a general election). There is no
restriction on registering a party during the election period for a by-election (section 64).
If there is an accompanying logo application, no action can be taken by the Commission to register a
logo application during the election period for a general election or by-election (section 71E).
Where the Commission cannot progress an application because of section 64 or section 71E the
party should be notified in writing of the fact and informed of the date when the application can be
progressed.
Auditor check
An application must set out the name and address of the person appointed to be the party’s auditor
and include that person’s signed consent to the appointment (section 63(2)(c)(v)).
The Commission must be satisfied that the auditor appointed by the party is eligible to act in that
capacity. Section 206K provides the following persons are not eligible to be appointed as an auditor:
a constituency candidate
Electoral Commission | Party Registration Policy and Procedures 6
a list candidate
an employee or partner of a constituency or list candidate
an officer or employee of a party
a body corporate that is not a registered audit firm (within the meaning of the Auditor
Regulation Act 2011 and is not recognised for the purposes of section 36(1)(f) or (g) of
the Financial Reporting Act 2013)
a person who, by virtue of section 36(1) of the Financial Reporting Act 2013, may not be
appointed or act as an auditor of an entity, or
a Returning Officer.
The Electoral Policy Team will contact Chartered Accountants Australia and New Zealand to confirm
the auditor is a Chartered Accountant who holds a Certificate of Public Practice.
If the auditor is not a Chartered Accountant, or there is any other reason why the auditor is not
eligible to act in that capacity, the Commission will notify the applicant and the applicant will be
given an opportunity to amend the application.
Evidence of at least 500 current financial members that are eligible to enrol
The application must be accompanied by evidence, in a form approved by the Commission, that the
party has at least 500 current financial members that are eligible to enrol as electors (section
63(2)(c)(vi)).
Current financial member means a member of the party -
(a) whose membership of the party resulted from an application made by the member to join
the party; and
(b) is, under the party’s rules, subject to an obligation to pay to the party a membership fee-
(i) on becoming a member, and
(ii) then at specified intervals of not more than three years, and
(c) who has paid to the party every membership fee that has for the time being become
payable by the member in accordance with those rules (section 3(1)).
A person is
eligible to enrol as an elector if that person:
is 18 years or older
a New Zealand citizen or permanent resident of New Zealand, and
has at some time resided continuously in New Zealand for a period of not less than one year
(section 74(1)).
There are certain grounds on which a person may be disqualified from enrolling. The main grounds
of disqualification are:
a New Zealand citizen who is outside New Zealand and has not been in New Zealand within
the last three years, or
a permanent resident of New Zealand who is outside New Zealand and has not been in New
Zealand within the last 12 months.
There are other grounds of disqualification that affect a very small number of people, see section 80.
Electoral Commission | Party Registration Policy and Procedures 7
Membership evidence in a form approved by the Commission
The membership evidence provided with an application to register a party must be sufficiently
detailed to enable the Commission to be satisfied the party has at least 500 current financial
members who are eligible to enrol. The onus is on the applicant to provide the necessary evidence
but it is for the Commission to determine the approved form of the membership evidence.
The Commission requires evidence of at least 500, but no more than 550 members. The Commission
recommends applicants provide evidence of 550 members with the application.
The form of evidence required is:
a signed declaration for each member (usually the membership form) sorted alphabetically
by surname, and
an electronic spreadsheet of membership evidence sorted alphabetically by surname.
Where evidence of more than 550 members is provided the Commission will only consider the
evidence of the first 550 members listed alphabetically on the spreadsheet.
The membership form
The form used by the party to collect membership evidence should include the following
information:
the member's name and residential street address
confirmation by the member that they are enrolled or eligible to enrol as an elector
the membership fee paid to the party by the member
authorisation for the party to record the member as a financial member of the party
authorisation for the party to release their membership details to the Electoral
Commission for the purpose of the application to register the party under the Electoral
Act, and
the member’s signature.
For a member who lives overseas the applicant must also provide evidence the member is:
a New Zealand citizen who has been in New Zealand within the last three years, or
a permanent resident who has been in New Zealand within the last 12 months.
This evidence may be provided on the membership form by the overseas member including the date
of their last visit to New Zealand.
A template membership form is made available by the Commission for use by prospective parties.
If the information required by the Commission is not included on the form used by the party to
collect membership evidence the form of evidence may not be acceptable to the Commission.
Should this arise, the Commission will notify the applicant and advise what next steps are required,
including what further evidence is needed. The Commission may return the application to an
applicant where the membership evidence submitted is not in a form approved by the Commission.
Electoral Commission | Party Registration Policy and Procedures 8
Collecting membership evidence
A party can collect membership evidence using paper forms and/or electronically.
Where paper forms are used to collect membership evidence the Commission will accept original
signed forms or copies of the original forms i.e. that have been scanned or photocopied.
Where membership evidence is collected electronically the Commission will accept the following
types of signatures captured electronically for party membership evidence purposes:
images of signatures that are electronic replications of actual 'pen-and-paper'
signatures, such as scanned or photographic images
images of signatures that are produced and captured electronically, using technologies
such as signature pads, trackpads/touchpads or the mouse, light pens, or similar devices.
The membership evidence can be submitted in hardcopy or electronically. Where forms are
provided electronically they must be submitted in the same order as the spreadsheet.
Initial check of membership evidence
An initial check of membership evidence is undertaken to ensure evidence of at least 500 current
financial members who are eligible to enrol has been supplied. Forms are removed at this stage
that:
do not include the member's full name and/or residential street address
do not confirm the member is enrolled or is eligible to enrol as an elector
do not confirm payment of a membership fee
do not clearly differentiate between sponsored or multiple memberships
are not legible
have not been signed by the member
are from people under the age of 18
are duplicates.
The electronic spreadsheet is used to cross check the accuracy and number of membership forms
submitted and ensure there are no duplicates. The total number of forms and the number of
members in the spreadsheet should balance. The applicant may need to provide clarification if the
number of forms and members in the spreadsheet data do not match.
Once these initial checks are completed, the number of prima facie valid members and the number
of invalid members are recorded. The names of any members whose forms are invalid are flagged in
the electronic spreadsheet. Where there is any invalid membership evidence removed, the
applicant will be notified of the number of members and the reason/s for their removal at this stage.
If there are fewer than 500 valid members after the initial check of membership evidence, or where
any membership evidence has been removed, the Commission will allow the applicant one
opportunity to supply additional membership evidence to make the number of members up to 550
Electoral Commission | Party Registration Policy and Procedures 9
(excluding those found to be invalid). This is the only point during the registration process that
additional membership evidence can be supplied by the applicant.
Additional membership evidence must be supplied within the time specified by the Commission (this
will normally be within a two week period). Where there are fewer than 500 valid memberships and
the applicant does not provide additional membership evidence within the specified period the
Commission will return the application to the applicant on the basis the application does not meet
the statutory requirements. Where there are more than 500 valid memberships, and the applicant
does not supply any additional membership evidence, the application can continue to be processed.
Additional membership evidence cannot be added at a later stage.
Statutory declarations
The party secretary is required to make statutory declarations that accompany the application to
register the party to confirm:
the party has at least 500 current financial members who are eligible to enrol as electors,
the party intends at general elections to submit a party list, or have one or more electorate
candidates stand for the party (or for a related party), or both, and
whether or not the party has any component parties and, if so, naming them (section
63(2)(c)(vii), section 63(2)(ca) and section 63(2)(d)).
Template statutory declarations are provided by the Commission for this purpose with the
application form.
Party rules
Applicants are encouraged to supply a copy of the party’s rules with the application to register as it
helps the Commission confirm the definition of current financial member for the party. However,
there is no statutory duty for the rules for membership and candidate selection to be supplied to the
Commission until one month after notice of registration of the party is notified in the
Gazette (see
section 71B of the Act and section 3 of this policy).
Application fee
A fee of $500 (inclusive of GST) is payable on making an application to register a party (section 63A).
The fee must be paid to the Commission by direct credit or bank cheque. The fee is non-refundable.
A fee is payable for each application made to register a party, including a subsequent application
made following the cancellation of registration of a party.
Initial logo checks
A logo application must be in writing made by the party secretary or an MP who is a current financial
member of party. The name and contact details for the party secretary must accompany the
application.
Electoral Commission | Party Registration Policy and Procedures 10
Since 25 March 2014 only registered political parties may register a logo. Parties applying to register
can submit a logo application but a logo cannot be registered unless, and until, the party is
registered. There is no separate fee for a logo application.
The logo application must be accompanied by:
(a) Two electronic copies of the colour logo (one marked up with Pantone Matching System
codes for the colours) and the black and white logo in each of the following formats (for use
on the ballot paper, official publications, and
the www.elections.org.nz website):
High resolution .eps (5cm wide, 350dpi, CMYK)
High resolution .jpg (5cm wide,350dpi, RGB)
Low resolution .jpg (300 pixels wide, 72dpi, RGB)
(b) A statutory declaration made by the applicant stating that the use of the logo by the party
will not be an infringement of an intellectual property right of any person or breach of any
enactment (section 71C(2)(b)(iv)).
Timeframe for initial checks
The Commission will aim to complete the initial checks within five working days of receipt of an
application.
If the application is prima facie in order an acknowledgement will be sent to the applicant with a
receipt for the application fee.
If any part of the application is omitted or not in order the Commission will follow up with the
applicant.
The Commission may return an application to the applicant after completing the initial checks where
the statutory requirements have not been met, including where the membership evidence is not in a
form approved by the Commission. Any decision to return an application at this stage will be made
by the Electoral Policy Team in consultation with the Chief Electoral Officer. Where an application is
returned a new application fee must be paid if the party applies to register at a later date.
Electoral Commission | Party Registration Policy and Procedures 11
Electoral and authentication checks
Timeframe
The Commission’s aim is to complete the membership checks within ten working days but this will
vary depending on the quality of the membership evidence submitted and how difficult it is to
determine if members are eligible to enrol.
Electoral and authentication checks can be completed consecutively or simultaneously.
Electoral checks
Electoral checks are undertaken for the Commission to be satisfied the applicant party has at least
500 members who are eligible to enrol.
As it is compulsory for an eligible person to be registered as an elector (section 82) and because
levels of enrolment are high in New Zealand the Commission primarily checks members’ eligibility to
enrol by finding them on the electoral rolls.
If a member is not found on the electoral rolls the Commission needs to establish that the person is
eligible to enrol.
The applicant may be asked to clarify or provide additional information where a member’s
enrolment or eligibility to enrol is not established. There may be occasions where the Commission
contacts a member directly (by telephone, email or in writing) to confirm his or her enrolment or
eligibility to enrol. Information sought will include whether the member is:
over 18 years of age
a New Zealand citizen or permanent resident of New Zealand
resided continuously in New Zealand for a period of at least 12 months or more
If the member is a New Zealand citizen with an overseas address the
Commission will check whether the person has been in New Zealand in the last
three years.
If the member is a permanent resident of New Zealand with an overseas address
the Commission will check if the person has been in New Zealand in the last 12
months.
The number of members that need to be confirmed as enrolled, or eligible to enrol, for the
Commission to be confident the party has at least 500 members who are eligible to enrol is
determined by the size of the sample checked (50 or 100) and the number of valid memberships
provided with the application to register.
Initially a random sample of 50 members is selected using the electronic spreadsheet. The details of
the members are checked against the Commission’s electoral rolls database to identify those
members who are enrolled. The number of members who are confirmed as registered electors is
recorded.
For any members who cannot be confirmed as registered electors, follow up enquiries are made
with the applicant and/or the member directly. The results of those enquiries will be recorded and
where the Commission is satisfied the member is eligible to enrol they will be included in the total
Electoral Commission | Party Registration Policy and Procedures 12
number of passes in the sample. Where a member cannot be found on the electoral rolls or their
eligibility to enrol cannot be confirmed they will be recorded as a fail.
The tables below show the number of fails allowed (where it is not possible to establish a member’s
eligibility to enrol). The fail rate is calculated using the total number of valid memberships and the
sample size.
Sample size
Number of valid membership after initial
Maximum number of fails in the
checks
random sample of 50
50
500-510
0
511-520
1
521-531
2
532-543
3
544-550
4
If, after checking the sample of 50 members, the fail rate is greater than the maximum number of
permissible fails a further 50 members will be randomly selected from the membership spreadsheet
and the same electoral checks will be completed.
Sample size
Number of valid membership forms after
Maximum number of fails in the
initial checks
random sample of 100
100
500-505
0
506-510
1
511-515
2
516-520
3
521-526
4
527-531
5
532-537
6
538-543
7
544-549
8
550
9
Provided the number of fails is within the maximum number permitted for the sample size (50 or
100) the electoral checking is complete and the Commission can continue to process the application
to register. The results of the electoral checks will be reported to the Board when the application is
determined.
If, after checking 100 members, the number of fails is above the maximum number of permitted fails
for the sample size the application will have prima facie failed the electoral checks. The applicant
will be notified at this stage of the number of fails and the application will generally be referred to
the Board for consideration at this stage.
A party is not able to provide additional membership evidence at this stage. Where a party wishes
to submit further membership evidence after electoral checks have been completed a new
application must be made.
Electoral Commission | Party Registration Policy and Procedures 13
Membership authentication checks
Authentication checks are undertaken for the Commission to be satisfied the membership evidence
is made up of current financial members. This check is a basic authentication check rather than a
statistical exercise. It will be for the Board to consider where evidence indicates that persons are, or
are not, members of the party.
15 members are randomly selected from the spreadsheet for authentication checks.
Members are contacted by telephone, email or in writing. It will be explained that they are being
contacted as part of the routine checks for party registration.
The person is asked to respond to the following standard questions:
Are you a current member of [xxxx] party?
Have you paid a membership fee to join the party?
The responses to the authentication checks are noted, including where it is not possible to contact a
member.
Where any current member responds that they are not a member of the party and/or have not paid
a membership fee the applicant is notified and invited to provide any response within five working
days. Comments by the party will be reported to the Board.
If there are significant issues raised during the authentication checks the application can go straight
for Board consideration.
Electoral Commission | Party Registration Policy and Procedures 14
Public consultation
Public consultation will only proceed once electoral and authentication checks have been completed
and no significant issues have arisen.
Consultation on party name (and logo)
The purpose of the public consultation is to establish whether there is any reason to refuse the
registration of the party, under section 65, because the name of the party or any proposed
abbreviation is:
indecent or offensive
excessively long
likely to cause confusion or mislead electors, or
contains any reference to a title or honour or similar form of identification.
The Commission shall refuse to register a logo if the logo is indecent or offensive, likely to cause
confusion or mislead electors, or contains any reference to a title or honour or similar form of
identification (section 71D).
The Commission gives notice in the following ways:
information posted on
www.elections.org.nz website
public notice in major newspapers (Christchurch Press, Dominion Post, NZ Herald, Otago
Daily Times, Waikato Times) on a Wednesday or Saturday
email to all registered parties
media advisory release.
Two calendar weeks from the date the notice is published in the newspaper shall be provided for
public comment.
The party is written to at the end of the consultation phase to confirm whether comments were
received. Where comments are received the party will be provided with an extract of the comments
but not the details of who has made the comments. To protect the privacy of natural persons, the
name and contact details of any individual who has commented will not be disclosed.
The party will be provided with at least five working days to respond to any comments. Any public
comment and any response by the party will be reported to the Board when the application is
determined.
Electoral Commission | Party Registration Policy and Procedures 15
3. Determination of party (and logo) application
The Commission’s Board is responsible for determining all applications to register political parties
and logos.
A briefing paper will be prepared for the Board to determine any application to register a political
party (and logo). The paper should include:
the outcome of the membership checks completed and any comments from the party
where membership checks indicate any non-members
confirmation whether other registration requirements have been met
responses to the public consultation process and any comment from the party.
The matter will be considered at the next practicable Board meeting following the public
consultation. For straightforward applications the Board has discretion to determine the application
by Board written resolution.
Actions following Board decision
If the registration is approved the Commission must:
update the Register of Political Parties – this includes the hard copy for public inspection
and the PDF available on
www.elections.org.nz
notify the applicant in writing that the party has been registered
give notice of registration in the
Gazette.
If the party or logo registration application is refused the party must, in accordance with sections 67
and 71D, be notified in writing within ten working days after the date of determination setting out
the reasons for the refusal.
Membership evidence supplied to the Commission in hardcopy will be returned to the applicant
within six months of the application being determined. All electronic information with regard to
individual party members’ details will be deleted by the Commission within six months from the date
the application is determined.
Party rules
Where the party has submitted its membership and candidate selection rules at the time of
application the rules should be made available as a PDF on th
e www.elections.org.nz website after
the party is registered. They should be checked to ensure that the rules cover:
membership of the party
the process for selection of persons to represent the party as candidates for election as
MPs (this includes list and constituency candidates).
If the rules do not cover the membership of the party and selection of candidates the party should
be asked to supply revised rules.
Where the membership rules have not been submitted prior to registration the membership rules
must be supplied within one month of the date notice of registration is placed in the
Gazette.
Electoral Commission | Party Registration Policy and Procedures 16
4. Changes to registered parties (and logos)
The party secretary is required to notify the Commission if:
the contact address for service of correspondence to the party changes
there is a new party secretary
there is a change in auditor or the auditor’s contact details change
the party membership rules or candidate selection rules change (within one month of their
adoption)
the number of current financial members for the party who are eligible to enrol as electors
falls below 500
there is any change to the details of any separate political parties that are component
parties of the party.
Changes should be notified by the party secretary in writing, by letter or email.
Any change to the details of component parties must be made by way of a statutory declaration.
Changes to party contact details, details of a new party secretary, component party details and
changes to the party’s rules will be updated on the Register of Political Parties as soon as is
reasonably practicable.
If the Commission is notified the number of current financial members has fallen below 500 the
matter will be considered by the Commission’s Board to determine whether the party’s registration
should be cancelled – see page 19 on the process to be followed for the cancellation of registration
of a party.
Varying a party name or abbreviation
An application to change the name of the party, or the abbreviated name of the party, must be in
writing and made by the party secretary or an MP who is a current financial member of the party
(section 69).
There is generally no need for the applicant to resubmit membership evidence or the statutory
declarations for an application to vary the party name. However, if the name change is significant,
the Electoral Policy Team may seek a decision by the Chief Electoral Officer or the Board about
whether there will be any additional evidence requirements.
There is no fee for an application to vary a party name or abbreviation. The Commission will
undertake the same consultation process for a change of name application as for the registration of
a party.
The applicant may submit a change of logo application at the same time.
Varying a logo
The party secretary or an MP who is a current financial member of the party can apply to change the
party logo (section 71H). The application can be to:
vary the form of the current party logo
Electoral Commission | Party Registration Policy and Procedures 17
substitute a new party logo
amend the party logo to refer to the new name of the party where there has been a change
in the party name.
The documents to be submitted for a logo variation application are the same as for a logo
application (see page 9 above).
There is no fee for an application to vary a logo application. The Commission will undertake the
same consultation process for the variation of a logo as for registration of a logo.
A party is only able to register one logo at any given time for use on the ballot paper. A party’s
previously registered logos are available with the online Register of Political Parties at
www.elections.org.nz.
Electoral Commission | Party Registration Policy and Procedures 18
5. Annual membership declaration
All registered parties are required to complete a statutory declaration, pursuant to section 71A, by
30 April each year confirming:
(a)
the party intends at general elections
(i)
to submit a list of candidates under section 127; or
(ii)
to have 1 or more constituency candidates stand for the party or for a related political
party; or
(iii)
both; and
(b)
state whether the party has at least 500 current financial members who are eligible to enrol
as electors.
If a party secretary fails to file a statutory declaration in time the Commission will write to the party
as soon as reasonably practicable to ask for the information to be provided within a specified
timeframe. The Board will only give a 2-3 week period following which the Board will need to
determine the matter.
Failure to comply with the request will result in the matter being referred to the Commission’s Board
to determine whether to require a party to supply its list or whether the party’s registration should
be cancelled – see below.
Electoral Commission | Party Registration Policy and Procedures 19
6. Cancellation of registration of party (and logo)
Applying for cancellation
The party secretary or an MP who is a current financial member of the party may apply to cancel the
registration of a party or logo (sections 70 and 71I). The application should be made in writing.
Cancellation initiated by the Commission
The Commission must cancel a party’s registration upon being satisfied the party has fewer than 500
current financial members (section 70(2)).
Where the party’s registration is cancelled, the Commission must also cancel the party’s logo
(section 71I(1)(b)).
A party’s logo will also be cancelled where the Commission is satisfied the use of the logo by the
party constitutes an infringement of an intellectual property right or a breach of an enactment
(section 71I(1)(c)).
A registered party having less than 500 members
The Commission may require a party to supply a list of the party’s current financial members within
any reasonable time that the Commission specifies if the Commission is considering the cancellation
of registration of the party because the number of current financial members of the party who are
eligible to enrol has fallen below 500 (section 70(2A)). A party will generally be given two weeks to
provide the list.
The decision to request the party list may only be made by the Chief Electoral Officer or the Board.
A request for the party list of members will be made to the party secretary in writing. If a party
requests more time, the Chief Electoral Officer or Board will not allow more than a total of three
weeks.
Decision to cancel party registration (and logo)
Part 4 of the Act, which governs the registration and cancellation of registered parties, does not
provide any mechanism to defer the exercise of the Commission’s statutory obligation to cancel the
registration of a party, where it is satisfied eligible membership has fallen below 500, while the party
verifies or collects new memberships.
Decisions to cancel the registration of a party (and logo) are reserved to the Board.
Actions following Board decision
Where a party has its registration (and/or logo) cancelled the following actions are required within
ten working days:
update the Register of Political Parties – this includes the hard copy for public inspection and
the PDF available on ww
w.elections.org.nz
Electoral Commission | Party Registration Policy and Procedures 20
notify the applicant (and party secretary if he or she is not the applicant) in writing that the
party’s registration has been cancelled and the reasons for cancellation
give notice of cancellation in the
Gazette.
Where a party has had its registration cancelled and subsequently applies to register as a party this
will be treated as a new application. The $500 application fee will apply and all the documentation
for a new application must be provided to the Commission.
Electoral Commission | Party Registration Policy and Procedures 21
Change History:
Date
Version
Change
Prepared/Approved by
04 May 2011
V0.1
Initial Draft
N McNaught
09 May 2011
V0.2
Review and comments on draft
K Temel
10 May 2011
V0.3
Review and comments on draft
R Peden
17 May 2011
V0.4
Review and comments on draft
Sir H Williams
20 May 2011
V2.0
Approved policy and procedures
Commission Board
20 September 2013
V3.0
Approved policy and procedures
Commission Board
2 April 2014
V4.0
Approved policy and procedures
Commission Board
26 November 2015
V5.0
Approved policy and procedures
Electoral Policy
Team/Commission Board
Electoral Commission | Party Registration Policy and Procedures 22