Local Electoral Act 2001 No 35 (as at 24 January 2009), Public Act

5 Interpretation
  • (1) In this Act, unless the context otherwise requires,—

    anonymous, in relation to an electoral donation (as defined in section 104), means a donation that is made in such a way that the candidate concerned does not know who made the donation

    anonymous: this definition was inserted, as from 25 December 2002, by section 3 Local Electoral Amendment Act 2002 (2002 No 85).

    census means the census of population and dwellings carried out by Statistics New Zealand under the Statistics Act 1975

    census: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    Chief Registrar of Electors means the person who is the Chief Registrar as defined in section 3(1) of the Electoral Act 1993

    close of nominations, in relation to any election, means 12 noon on nomination day

    close of voting, in relation to any election or poll, means,—

    • (a) if booth voting is the method of voting used at the election or poll, 7 pm on polling day:

    • (b) if postal voting is the method of voting used at the election or poll, 12 noon on polling day:

    • (c) if any other method of voting is used at the election or poll, the prescribed time and day at which the period during which an elector may cast a vote at an election or poll ends

    Commission means the Local Government Commission continued by section 37V of the Local Government Act 1974 or section 28 of the Local Government Act 2002

    Commission: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    community has the same meaning as in section 5(1) of the Local Government Act 2002

    community: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    community board has the same meaning as in section 5(1) of the Local Government Act 2002

    community board: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    constituency means a constituency established under this Act and resulting from the division, for electoral purposes, of a region

    constituency: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    counting program is a computer application program used to implement the New Zealand method of counting single transferable votes that must operate within a particular operating environment

    counting program: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    district means the district of a local authority; and includes a region

    district: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    election means election to any office in, under, or in connection with any local authority, community board, or other body required by law to be filled by the election of the electors of any local government area

    elector means any person entitled under any law for the time being in force to vote at an election or poll, as the case may be, held under this Act

    electoral officer means a person appointed under section 12(1); and includes any person for the time being exercising all or any of the duties and powers of that person

    electoral official means an electoral officer, a deputy electoral officer, and any person authorised to exercise any power or perform any duty of an electoral officer under section 12(2)

    electoral system means any of the following electoral systems that are prescribed for use at an election or poll

    • (a) the system commonly known as First Past the Post:

    • (b) the system commonly known as Single Transferable Voting (STV) using the New Zealand method of counting single transferable votes

    electoral system: this definition was amended, as from 25 December 2002, by section 4(2) Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words the New Zealand method of counting single transferable votes for the words Meek's method of counting votes.

    electronic includes electrical, digital, magnetic, optical, electromagnetic, biometric, and photonic

    extraordinary vacancy means a vacancy occurring in any elective office except for the purpose of any triennial or other general election

    First Past the Post means the electoral system that is described generally in section 5A

    First Past the Post: this definition was inserted, as from 7 July 2004, by section 3(1) Local Electoral Amendment Act 2004 (2004 No 62).

    general constituency, in relation to a region, means every constituency of the region that is not a Maori constituency

    general constituency: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    general electoral population has the same meaning as in section 3(1) of the Electoral Act 1993

    general electoral population: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    general ward, in relation to the district of a territorial authority, means every ward of the district that is not a Maori ward

    general ward: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    local authority means a territorial authority or regional council; and also includes any other elected or partly-elected body (other than a community board) to which this Act, or any of its predecessors, is applied or has been made to apply by any other enactment

    local government area means the area comprised within the jurisdiction of a local authority; and includes a subdivision of that area

    Maori constituency means a Maori constituency created in accordance with Schedule 1A

    Maori constituency: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    Maori electoral district has the same meaning as in section 3(1) of the Electoral Act 1993

    Maori electoral district: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    Maori electoral population has the same meaning as in section 3(1) of the Electoral Act 1993

    Maori electoral population: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    Maori ward means a Maori ward created in accordance with Schedule 1A

    Maori ward: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    Meek's method of counting votes

    [Repealed]

    Meek's method of counting votes: this definition was repealed, as from 25 December 2002, by section 4(3) Local Electoral Amendment Act 2002 (2002 No 85).

    member of a local authority, in relation to a local authority, includes the Mayor

    Minister means the Minister of Local Government

    New Zealand method of counting single transferable votes means the method of counting votes described in Schedule 1A of the Local Electoral Regulations 2001

    New Zealand method of counting single transferable votes: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    New Zealand method of counting single transferable votes: this definition was amended, as from 7 July 2004, by section 3(2) Local Electoral Amendment Act 2004 (2004 No 62) by substituting the words Schedule 1A of the Local Electoral Regulations 2001 for the expression Schedule 1.

    nomination day means the 50th day before polling day

    official document includes any facsimile, electronic document, or electronic message created or transmitted by or to an electoral officer or other electoral official under this Act or regulations made under this Act

    official place means any place at which there are provided, for the time being, opportunities or facilities for members of the public to—

    • (a) vote; or

    • (b) apply for an ordinary or special vote; or

    • (c) inspect the electoral roll; or

    • (d) apply for enrolment or for amendment of the electoral roll; or

    • (e) lodge nominations of candidates for an election

    poll means the submission to the vote of electors for decision of a proposal or the provision of opinion on a proposal or other matter, other than an election, that is required to be submitted under this Act or any other Act to which this Act, or any of its predecessors, is applied or has been made to apply

    polling day means the day on which the voting period for an election or poll ends

    region has the same meaning as in section 5(1) of the Local Government Act 2002

    region: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    regional council has the same meaning as in section 5(1) of the Local Government Act 2002

    regional council: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    Registrar of Electors means a person who is a Registrar as defined in section 3(1) of the Electoral Act 1993

    roll or roll of electors, in relation to any local authority, means any list or roll made in a manner provided by law that contains the names of the persons entitled to vote at an election or poll

    Single Transferable Voting means the electoral system described generally in section 5B

    Single Transferable Voting: this definition was inserted, as from 7 July 2004, by section 3(3) Local Electoral Amendment Act 2004 (2004 No 62).

    subdivision means a ward of a district of a territorial authority, a constituency of a region, or any other division of a local government area for electoral purposes or for the purposes of any poll

    territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002; but does not include the Minister of the Crown who is responsible for the administration of that Act

    territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

    voting document includes, if appropriate provision for electronic voting is made in regulations under this Act,—

    • (a) an electronic document or electronic message that is designed to enable a voter to record his or her vote at an election or poll and transmit it electronically for counting; and

    • (b) any copy of that document or message (with or without the voter's vote recorded); and

    • (c) any record of that document or message with the voter's vote recorded

    voting method means any of the following methods of voting that are prescribed for use at an election or poll

    • (a) the method of voting commonly known as booth voting:

    • (b) the method of voting commonly known as postal voting:

    • (c) any form of electronic voting:

    • (d) any method of voting involving a combination of more than 1 of the methods of voting referred to in paragraphs (a) to (c):

    • (e) any other method of voting (however described)

    voting period, in relation to an election or poll, means—

    • (a) if booth voting is the method of voting used at the election or poll, the period between 9 am and 7 pm on polling day and any earlier prescribed period:

    • (b) if postal voting is the method of voting used at the election or poll, the period of 22 1/2 days ending with 12 noon on polling day:

    • (c) if any other method of voting is used at the election or poll, the prescribed period during which an elector may cast a vote at the election or poll.

    ward means a ward established under this Act and resulting from the division, for electoral purposes, of the district of a territorial authority.

    ward: this definition was inserted, as from 25 December 2002, by section 4(1) Local Electoral Amendment Act 2002 (2002 No 85).

    (2) In this Act, every reference to the electoral officer is, unless the context otherwise requires, a reference to the electoral officer responsible for the conduct or undertaking of the election or poll or other thing to which the reference relates.

    (3) In this Act, every reference to an election on a specified date or day is, unless the context otherwise requires, a reference to an election, the polling day for which is on that date or day.

    Compare: 1976 No 144 s 2