Māori option may not be exercised in by-election period

1 This section applies if— a a notice of vacancy for an electoral district is published by the Speaker under section 129(1) ; or b a writ for a fresh election in a district is issued by the Governor-General under section 153E(2) . 2 The following persons may not exercise the Māori option during a by-election period if doing so would result in the person being eligible to vote in the by-election: a a Māori who is registered as an elector of an electoral district: b a Māori who is named on a dormant roll and applies for registration as an elector of an electoral district. 3 To avoid doubt, subsection (2) relates to changing the type of district in which the person is entitled to vote only and does not otherwise affect any other section in this Act relating to the registration of electors. 4 The Electoral Commission must not give effect to either of the following during a by-election period: a any advice received under section 77(3) by a registered elector; or b if processing an application under section 83 by a Māori person named on a dormant roll, the choice made by the person when exercising the Māori option in that application if it would register them as an elector for a different type of district from that for which they were previously registered. 5 However, subsections (2) and (4) do not apply if under section 131 no writ is issued. 6 In this section, by-election period means,— a in the case of a by-election conducted to fill a vacancy published by the Speaker under section 129(1) , the period beginning on the date on which the notice of vacancy is published and ending on polling day for the by-election; and b in the case of a fresh election conducted in a district following the issue of a writ by the Governor-General under section 153E(2) , the period beginning on the date on which the previous election failed and ending on polling day for the fresh election. Section 78C : inserted , on 31 March 2023 , by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62). Section 78C(1) : replaced , on 20 December 2025 , by section 58(1) of the Electoral Amendment Act 2025 (2025 No 82). Section 78C(6) : replaced , on 20 December 2025 , by section 58(2) of the Electoral Amendment Act 2025 (2025 No 82).