Local Electoral Act 2001

Reprint as at 8 August 2014

Local Electoral Act 2001

Public Act2001 No 35
Date of assent29 May 2001
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.


Contents

1 Title

2 Commencement

3 Purpose

4 Principles

Part 1
Preliminary provisions

5 Interpretation

5A General description of First Past the Post electoral system

5B General description of Single Transferable Voting electoral system

6 Act binds Crown

7 Application

8 Holding of other elections

9 Holding of referendum

10 Triennial general election

11 Triennial general election not necessary in certain cases

Officials

12 Electoral officer

13 Deputy electoral officer

14 Rules applying to electoral officers, deputy electoral officers, and other electoral officials

Duties of electoral officers

15 General duties of electoral officer

16 Conduct of elections and polls for territorial authorities, local boards, and community boards

17 Conduct of elections and polls for local authorities that are not territorial authorities

18 Conduct of election or poll in conjunction with other election or poll

19 Conduct of separate election or poll

Duties of programmers and certifiers

19AA Duties of programmers

19AB Duties of certifiers

Part 1A
Representation arrangements for elections of territorial authorities, regional councils, local boards, and community boards

19A Membership of territorial authorities

19B Basis of election of mayor of territorial authority

19C Basis of election of members of territorial authority

19D Membership of regional councils

19E Basis of election of members of regional council

19EA Membership of local boards

19EB Basis of election of chairperson of local board in certain circumstances

19EC Basis of election of members of local board

19F Membership of community boards

19G Basis of election of members of community board

19H Review of representation arrangements for elections of territorial authorities

19I Review of representation arrangements for elections of regional councils

19J Review of community boards

19JA Minor alterations to boundaries by territorial authority

19JB Minor alterations to boundaries by regional council

19K Requirements for resolution

19L Distribution of copies of resolution

19M Public notice of proposals and responsibilities in relation to submissions

19N Response to submissions

19O Appeals

19P Objections

19Q Obligation to forward appeals and objections to Commission

19R Commission to determine appeals and objections

19S Determination of Commission

19T Requirement for effective representation and other factors in determination of membership and basis of election of territorial authorities and local boards

19U Requirement for effective representation and other factors in determination of membership and basis of election of regional council

19V Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions

19W Factors in determination of matters in relation to community boards

19X Certificate of Government Statistician

19Y When determinations take effect

Māori wards and Māori constituencies

19Z Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies

19ZA Public notice of right to demand poll

19ZB Electors may demand poll

19ZC Requirements for valid demand

19ZD Territorial authority or regional council may resolve to hold poll

19ZE Limitation on division into Māori wards or Māori constituencies

19ZF Poll of electors

19ZG Effect of poll

19ZH Basis of election of territorial authority and regional council

Guidelines

19ZI Guidelines in relation to reviews of representation or minor alterations to boundaries

Part 2
Local elections and polls

Electoral rights

20 Right to vote in election or poll

21 Special voting

22 Voting by special voters

23 Residential electors

24 Ratepayer electors

24A Electors of Māori wards

24B Voting rights at triennial general election of territorial authority

24C Voting rights at election to fill extraordinary vacancy in respect of Māori ward

24D Electors of Māori constituencies

24E Voting rights at triennial general election of regional council

24F Voting rights at election to fill extraordinary vacancy in respect of Māori constituency

25 Candidate qualifications

26 Right to nominate candidate

Electoral systems for elections

27 Local authority may resolve to change electoral systems

28 Public notice of right to demand poll on electoral system

29 Electors may demand poll

30 Requirements for valid demand

31 Local authority may resolve to hold poll

32 Limitation on change to electoral systems

33 Poll of electors

34 Effect of poll

Electoral systems for polls

35 Electoral systems for polls

Voting methods

36 Voting method for elections and polls

37 Consultation

Electoral rolls

38 Compilation of electoral roll

39 Public notice of procedures for enrolment as ratepayer on electoral roll

40 No person to be enrolled more than once for local authority or local board or community board

41 Supply of information by Electoral Commission

42 Roll to be available for public inspection

43 Inspection of rolls at meetings and hui

44 Application for registration as parliamentary elector

45 Completion of electoral roll

46 Removal of names from electoral roll

47 Amendments to roll

48 Objections to roll

49 Appeals to District Court in respect of roll

50 Closing of electoral roll

51 When roll in force

Part 3
Conduct of elections and polls

Notice of election or poll

52 Notice of election or poll

53 Additional material to be included in notice in respect of election

54 Additional material to be included in notice in respect of poll

Candidacy

55 Nomination of candidates

56 Name of candidate

57 Affiliation of candidate

57A Candidacy for more than 1 ward or constituency or subdivision prohibited

57B Candidacy for ward and membership at large prohibited

58 Candidacy for both regional council and constituent authority prohibited

58A Prohibition on candidacy for community board

59 Forfeiture of deposit and refund of deposit

60 Withdrawal, death, or incapacity of candidate before close of nominations

Candidate profile statements

61 Candidate profile statements

62 Provision of candidate profile statements to electors

Procedures after close of nominations

63 If number of candidates does not exceed number of vacancies, candidates to be declared elected

64 Vacancies remaining unfilled to be extraordinary vacancies

Further notice of election or poll

65 Further notice to electors of election or poll

Scrutineers

66 Scrutineers at election

67 Scrutineers at poll

68 General rules affecting scrutineers

Death, incapacity, or invalid or cancelled nominations of candidates

69 Application for cancellation of nomination if candidate incapacitated after close of nominations

69A How application for cancellation of nomination dealt with

70 Death, incapacity, or invalid nomination of mayoral candidate after close of nominations

71 Death, incapacity, or invalid or cancelled nomination of candidate

72 If election becomes unnecessary

Adjourned elections or polls

73 Adjournment of election or poll

73A Adjournment of electoral processes

Voting, processing, and counting of votes

74 Electoral officer to maintain security and secrecy at election or poll

75 What voting documents for election must contain

76 What voting documents for polls must contain

77 Approval of voting documents for use at elections and polls

78 Voting

79 Early processing of votes [Repealed]

80 Processing before close of voting

81 Scrutineers' presence at processing prohibited before close of voting

82 Justices of the Peace to observe processing before close of voting

83 Scrutiny of roll

84 Counting of votes

85 Preliminary results

86 Declaration of result

87 Death or incapacity of elected candidate before declaration of result of election

88 What happens if same person elected as mayor and another member

88A What happens if same person elected to both territorial authority and local board or community board

88B Amended declaration if election under First Past the Post electoral system

88C Amended declaration if election under Single Transferable Voting electoral system

88D Application of provision relating to petition for inquiry

88E What happens if no amended declaration can be made

88F What happens if member of local board or community board becomes member of territorial authority

89 Electoral records

Part 4
Disputed elections and polls

Recount of votes cast at election

90 Application for recount

91 Scrutineers at recount

92 Conduct of recount

Inquiry into election or poll

93 Petition for inquiry

94 Specified grounds only to be investigated

95 Who may be respondent

96 Time for holding inquiry

97 Powers of District Court Judge

98 Result of inquiry

99 Election or poll not void by reason of certain irregularities

100 Costs of inquiry

101 Return of deposit

102 New election or poll if election or poll declared void

103 Order to be final

Part 5
Electoral donations and expenses

Subpart 1Electoral donations

103A Interpretation

103B Donations and contributions include GST

103C Donations to be transmitted to candidate

103D Contributors to be identified

103E Offence relating to contravention of section 103D

103F Identity of donor to be disclosed by transmitter, if known

103G Offence relating to contravention of section 103F

103H Disclosure of identity of donor

103I Offence relating to contravention of section 103H

103J Anonymous donation may not exceed $1,500

103K Offence relating to contravention of section 103J

103L Records of electoral donations

Subpart 2Electoral expenses

104 Interpretation

105 Periods for claiming and paying expenses

106 Procedure if claim disputed

107 Leave to pay claim after time limited

108 Payments to be vouched by bill

109 Return of electoral expenses [Repealed]

110 Return to be open for public inspection [Repealed]

111 Maximum amount of electoral expenses

112 Apportionment of electoral expenses

112AA Offence to pay electoral expenses in excess of relevant prescribed maximum

Subpart 3Return of electoral donations and expenses

112A Return of electoral donations and expenses

112B Nil return

112C Failure to file return of electoral donations and expenses

112D Filing a false return of electoral donations and expenses

112E Obligation to retain records necessary to verify return

112F Return of electoral donations and expenses to be open for public inspection

Part 5A
Electoral advertising

113 Advertisements for candidates

114 Use of public money

Part 6
Term of elected members and extraordinary vacancies

Term of membership of elected members

115 When members come into office

116 When members leave office

Filling of extraordinary vacancies

117 Extraordinary vacancy in local authority or local board or community board

117A Power to fill by appointment extraordinary vacancy in local board or community board

118 Notice of intention to fill vacancy by appointment

119 Notice of intention to leave vacancy unfilled

120 Election to fill extraordinary vacancy

Part 7
Offences

121 Illegal nomination, etc

122 Interfering with or influencing voters

123 Offences in respect of official documents

124 Voting offences

125 Bribery

126 Treating

127 Undue influence

128 Personation

129 Infringement of secrecy

130 Disclosing voting or state of election or poll

131 Penalty for electoral officer, deputy electoral officer, and other electoral officials

Electoral expenses

[Repealed]

132 Payments in breach of section 105 [Repealed]

133 Failure to transmit return [Repealed]

134 False return [Repealed]

135 Unauthorised advertisements [Repealed]

136 Excessive expenditure [Repealed]

General provisions

137 Property may be stated as being in electoral officer

138 Duty to take action in respect of offences

138AA Time limit for prosecutions

Part 8
Miscellaneous provisions

138A Special provision in relation to certain elections to fill extraordinary vacancies and certain polls

139 Regulations

140 Powers and duties of electoral officers

140A Electoral systems

141 Voting methods

142 Electoral rolls

143 Conduct of elections and polls

144 Transitional regulations [Repealed]

145 Expiry of section 144

146 Regulations having effect under this Act

147 Cost of elections and polls

148 Validation of irregularities

149 Amendments to section 101ZQ of Local Government Act 1974 [Repealed]

150 Amendment to Schedule 2 of New Zealand Public Health and Disability Act 2000

151 Amendments to other enactments

152 Repeals and revocations

153 Transitional provisions relating to electoral systems

154 Transitional provisions relating to returning officers

155 Transitional provisions relating to electoral rolls

156 Further transitional provisions relating to electoral rolls

157 Transitional provisions relating to voting documents

Schedule 1
New Zealand method of counting single transferable votes

[Repealed]

Schedule 1A
Provisions relating to Māori wards and Māori constituencies

Schedule 2
Return of electoral donations and expenses

Schedule 3
Enactments amended

Schedule 4
Repeals and revocations

Local Electoral Amendment Act 2002

Local Electoral Amendment Act 2013

Reprint notes