Local Electoral Act 2001

Reprint as at 26 March 2015

Coat of Arms of New Zealand

Local Electoral Act 2001

Public Act
 
2001 No 35
Date of assent
 
29 May 2001
Commencement
 
see 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

1Title
2Commencement
3Purpose
4Principles
5Interpretation
5AGeneral description of First Past the Post electoral system
5BGeneral description of Single Transferable Voting electoral system
6Act binds Crown
7Application
8Holding of other elections
9Holding of referendum
10Triennial general election
11Triennial general election not necessary in certain cases
12Electoral officer
13Deputy electoral officer
14Rules applying to electoral officers, deputy electoral officers, and other electoral officials
15General duties of electoral officer
16Conduct of elections and polls for territorial authorities, local boards, and community boards
17Conduct of elections and polls for local authorities that are not territorial authorities
18Conduct of election or poll in conjunction with other election or poll
19Conduct of separate election or poll
19AADuties of programmers
19ABDuties of certifiers
19AMembership of territorial authorities
19BBasis of election of mayor of territorial authority
19CBasis of election of members of territorial authority
19DMembership of regional councils
19EBasis of election of members of regional council
19EAMembership of local boards
19EBBasis of election of chairperson of local board in certain circumstances
19ECBasis of election of members of local board
19FMembership of community boards
19GBasis of election of members of community board
19HReview of representation arrangements for elections of territorial authorities
19IReview of representation arrangements for elections of regional councils
19JReview of community boards
19JAMinor alterations to boundaries by territorial authority
19JBMinor alterations to boundaries by regional council
19KRequirements for resolution
19LDistribution of copies of resolution
19MPublic notice of proposals and responsibilities in relation to submissions
19NResponse to submissions
19OAppeals
19PObjections
19QObligation to forward appeals and objections to Commission
19RCommission to determine appeals and objections
19SDetermination of Commission
19TRequirement for effective representation and other factors in determination of membership and basis of election of territorial authorities and local boards
19URequirement for effective representation and other factors in determination of membership and basis of election of regional council
19VRequirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions
19WFactors in determination of matters in relation to community boards
19XCertificate of Government Statistician
19YWhen determinations take effect
19ZTerritorial authority or regional council may resolve to establish Māori wards or Māori constituencies
19ZAPublic notice of right to demand poll
19ZBElectors may demand poll
19ZCRequirements for valid demand
19ZDTerritorial authority or regional council may resolve to hold poll
19ZELimitation on division into Māori wards or Māori constituencies
19ZFPoll of electors
19ZGEffect of poll
19ZHBasis of election of territorial authority and regional council
19ZIGuidelines in relation to reviews of representation or minor alterations to boundaries
20Right to vote in election or poll
21Special voting
22Voting by special voters
23Residential electors
24Ratepayer electors
24AElectors of Māori wards
24BVoting rights at triennial general election of territorial authority
24CVoting rights at election to fill extraordinary vacancy in respect of Māori ward
24DElectors of Māori constituencies
24EVoting rights at triennial general election of regional council
24FVoting rights at election to fill extraordinary vacancy in respect of Māori constituency
25Candidate qualifications
26Right to nominate candidate
27Local authority may resolve to change electoral systems
28Public notice of right to demand poll on electoral system
29Electors may demand poll
30Requirements for valid demand
31Local authority may resolve to hold poll
32Limitation on change to electoral systems
33Poll of electors
34Effect of poll
35Electoral systems for polls
36Voting method for elections and polls
37Consultation
38Compilation of electoral roll
39Public notice of procedures for enrolment as ratepayer on electoral roll
40No person to be enrolled more than once for local authority or local board or community board
41Supply of information by Electoral Commission
42Roll to be available for public inspection
43Inspection of rolls at meetings and hui
44Application for registration as parliamentary elector
45Completion of electoral roll
46Removal of names from electoral roll
47Amendments to roll
48Objections to roll
49Appeals to District Court in respect of roll
50Closing of electoral roll
51When roll in force
52Notice of election or poll
53Additional material to be included in notice in respect of election
54Additional material to be included in notice in respect of poll
55Nomination of candidates
56Name of candidate
57Affiliation of candidate
57ACandidacy for more than 1 ward or constituency or subdivision prohibited
57BCandidacy for ward and membership at large prohibited
58Candidacy for both regional council and constituent authority prohibited
58AAProhibition on candidacy for local board
58AProhibition on candidacy for community board
59Forfeiture of deposit and refund of deposit
60Withdrawal, death, or incapacity of candidate before close of nominations
61Candidate profile statements
62Provision of candidate profile statements to electors
63If number of candidates does not exceed number of vacancies, candidates to be declared elected
64Vacancies remaining unfilled to be extraordinary vacancies
65Further notice to electors of election or poll
66Scrutineers at election
67Scrutineers at poll
68General rules affecting scrutineers
69Application for cancellation of nomination if candidate incapacitated after close of nominations
69AHow application for cancellation of nomination dealt with
70Death, incapacity, or invalid nomination of mayoral candidate after close of nominations
71Death, incapacity, or invalid or cancelled nomination of candidate
72If election becomes unnecessary
73Adjournment of election or poll
73AAdjournment of electoral processes
74Electoral officer to maintain security and secrecy at election or poll
75What voting documents for election must contain
76What voting documents for polls must contain
77Approval of voting documents for use at elections and polls
78Voting
79Early processing of votes [Repealed]
80Processing before close of voting
81Scrutineers’ presence at processing prohibited before close of voting
82Justices of the Peace to observe processing before close of voting
83Scrutiny of roll
84Counting of votes
85Preliminary results
86Declaration of result
87Death or incapacity of elected candidate before declaration of result of election
88What happens if same person elected as mayor and another member
88AWhat happens if same person elected to both territorial authority and local board or community board
88BAmended declaration if election under First Past the Post electoral system
88CAmended declaration if election under Single Transferable Voting electoral system
88DApplication of provision relating to petition for inquiry
88EWhat happens if no amended declaration can be made
88FWhat happens if member of local board or community board becomes member of territorial authority
89Electoral records
90Application for recount
91Scrutineers at recount
92Conduct of recount
93Petition for inquiry
94Specified grounds only to be investigated
95Who may be respondent
96Time for holding inquiry
97Powers of District Court Judge
98Result of inquiry
99Election or poll not void by reason of certain irregularities
100Costs of inquiry
101Return of deposit
102New election or poll if election or poll declared void
103Order to be final
103AInterpretation
103BDonations and contributions include GST
103CDonations to be transmitted to candidate
103DContributors to be identified
103EOffence relating to contravention of section 103D
103FIdentity of donor to be disclosed by transmitter, if known
103GOffence relating to contravention of section 103F
103HDisclosure of identity of donor
103IOffence relating to contravention of section 103H
103JAnonymous donation may not exceed $1,500
103KOffence relating to contravention of section 103J
103LRecords of electoral donations
104Interpretation
105Periods for claiming and paying expenses
106Procedure if claim disputed
107Leave to pay claim after time limited
108Payments to be vouched by bill
109Return of electoral expenses [Repealed]
110Return to be open for public inspection [Repealed]
111Maximum amount of electoral expenses
112Apportionment of electoral expenses
112AAOffence to pay electoral expenses in excess of relevant prescribed maximum
112AReturn of electoral donations and expenses
112BNil return
112CFailure to file return of electoral donations and expenses
112DFiling a false return of electoral donations and expenses
112EObligation to retain records necessary to verify return
112FReturn of electoral donations and expenses to be open for public inspection
113Advertisements for candidates
114Use of public money
115When members come into office
116When members leave office
117Extraordinary vacancy in local authority or local board or community board
117APower to fill by appointment extraordinary vacancy in local board or community board
118Notice of intention to fill vacancy by appointment
119Notice of intention to leave vacancy unfilled
120Election to fill extraordinary vacancy
121Illegal nomination, etc
122Interfering with or influencing voters
123Offences in respect of official documents
124Voting offences
125Bribery
126Treating
127Undue influence
128Personation
129Infringement of secrecy
130Disclosing voting or state of election or poll
131Penalty for electoral officer, deputy electoral officer, and other electoral officials
[Repealed]
132Payments in breach of section 105 [Repealed]
133Failure to transmit return [Repealed]
134False return [Repealed]
135Unauthorised advertisements [Repealed]
136Excessive expenditure [Repealed]
137Property may be stated as being in electoral officer
138Duty to take action in respect of offences
138AATime limit for prosecutions
138ASpecial provision in relation to certain elections to fill extraordinary vacancies and certain polls
139Regulations
140Powers and duties of electoral officers
140AElectoral systems
141Voting methods
142Electoral rolls
143Conduct of elections and polls
144Transitional regulations [Repealed]
145Expiry of section 144
146Regulations having effect under this Act
147Cost of elections and polls
148Validation of irregularities
149Amendments to section 101ZQ of Local Government Act 1974 [Repealed]
150Amendment to Schedule 2 of New Zealand Public Health and Disability Act 2000
151Amendments to other enactments
152Repeals and revocations
153Transitional provisions relating to electoral systems
154Transitional provisions relating to returning officers
155Transitional provisions relating to electoral rolls
156Further transitional provisions relating to electoral rolls
157Transitional provisions relating to voting documents
[Repealed]
Reprint notes