Local Electoral Act 2001

  • This version was replaced on 13 April 2017 to make corrections to clauses 2(1) and 4(1) of Schedule 1A under section 25(1)(k) of the Legislation Act 2012.

Part 1 Preliminary provisions

5 Interpretation

(1)

In this Act, unless the context otherwise requires,—

allotment has the meaning given by section 218(2) of the Resource Management Act 1991

candidate

(a)

means a person who has been nominated as a candidate in any election; and

(b)

includes, in Parts 5 and 5A, a person who has declared his or her intention of becoming a candidate

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

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

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

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

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

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

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

election means election to any office in, under, or in connection with any local authority, local board, 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 Commission means the Electoral Commission established by section 4B of the Electoral Act 1993

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

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

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

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

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

local authority means a territorial authority or regional council; and also includes any other elected or partly-elected body (other than a local board or 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 board has the same meaning as in section 5(1) of the Local Government Act 2002

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

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

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

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

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

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

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

nomination day means the 57th 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

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

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

subdivision means a ward of a district of a territorial authority, a constituency of a region, a subdivision of a local board area or community, 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

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 and a half 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.

(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

Section 5(1) allotment: inserted, on 29 June 2013, by section 4(2) of the Local Electoral Amendment Act 2013 (2013 No 40).

Section 5(1) anonymous: repealed, on 29 June 2013, by section 4(1) of the Local Electoral Amendment Act 2013 (2013 No 40).

Section 5(1) candidate: inserted, on 29 June 2013, by section 4(2) of the Local Electoral Amendment Act 2013 (2013 No 40).

Section 5(1) census: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Chief Registrar of Electors: repealed, on 1 July 2012, by section 58(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 5(1) Commission: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) community: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) community board: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) constituency: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) counting program: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) district: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) election: amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) Electoral Commission: inserted, on 1 July 2012, by section 58(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 5(1) electoral system paragraph (b): amended, on 25 December 2002, by section 4(2) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) First Past the Post: inserted, on 7 July 2004, by section 3(1) of the Local Electoral Amendment Act 2004 (2004 No 62).

Section 5(1) general constituency: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) general electoral population: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) general ward: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) local authority: amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) local board: inserted, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) local board area: inserted, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) Māori constituency: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Māori electoral district: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Māori electoral population: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Māori ward: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Meek’s method of counting votes: repealed, on 25 December 2002, by section 4(3) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) New Zealand method of counting single transferable votes: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) New Zealand method of counting single transferable votes: amended, on 7 July 2004, by section 3(2) of the Local Electoral Amendment Act 2004 (2004 No 62).

Section 5(1) nomination day: amended, on 29 June 2013, by section 4(3) of the Local Electoral Amendment Act 2013 (2013 No 40).

Section 5(1) region: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) Registrar of Electors: repealed, on 21 March 2017, by section 114 of the Electoral Amendment Act 2017 (2017 No 9).

Section 5(1) Single Transferable Voting: inserted, on 7 July 2004, by section 3(3) of the Local Electoral Amendment Act 2004 (2004 No 62).

Section 5(1) subdivision: amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) ward: added, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).