38 Notice of proposed boundaries and classification

(1)

When the Commission proposes to make a division under section 35 or section 45, it shall publish in the Gazette a notice—

(a)

stating places at which the public may inspect, without charge,—

(i)

the names, and a description of the boundaries, of the proposed districts; and

(ii)

any classification of the proposed districts that is required for the purposes of the Remuneration Authority Act 1977; and

(iii)

a summary, in respect of each proposed district, of the reasons why the boundaries described are being proposed; and

(b)

stating the last date on which the Commission will receive written objections to the proposed boundaries or any of them and to the proposed names or any of them and to the proposed classification (if any) (which date shall be not less than 1 month after the date of the publication of the notice in the Gazette).

(1A)

The boundaries fixed by the Commission in respect of the proposed districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those proposed boundaries accurately.

(2)

The places stated pursuant to subsection (1)(a) must include the offices of the Electoral Commission.

(3)

Any failure to comply with subsection (1)(a)(iii) shall not of itself invalidate any decision or proceedings of the Commission.

(4)

If any objections are received under subsection (1)(b), the Commission must publish,—

(a)

on an Internet site administered by the Electoral Commission,—

(i)

the objections received; and

(ii)

an explanation of the process and deadline for making counter-objections; and

(b)

in the Gazette, a notice—

(i)

stating the address of the Internet site on which the objections and the counter-objection process are published; and

(ii)

stating the last date on which the Commission will receive any written counter-objections to any of those objections (which must not be less than 2 weeks after the date of publication of the notice in the Gazette).

(4A)

The Electoral Commission must facilitate the publication required under subsection (4)(a).

(5)

The Commission shall, before coming to a final determination, duly consider any objections lodged under subsection (1)(b) and any counter-objections lodged under subsection (4).

Compare: 1956 No 107 s 18; 1991 No 68 s 4(1)

Section 38(1): substituted, on 17 December 1993, by section 9(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 38(1)(a)(ii): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 38(1A): inserted, on 17 December 1993, by section 9(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 38(2): amended, on 21 March 2017, by section 9(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 38(4): replaced, on 21 March 2017, by section 9(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 38(4A): inserted, on 21 March 2017, by section 9(2) of the Electoral Amendment Act 2017 (2017 No 9).