New Zealand Legislation: Acts

9 Holding of referendum

• (1) A local authority may direct the electoral officer to conduct a referendum that is not required to be held under this or any other Act on—

  • (a) any matter relating to—

    • (i) the services that are provided or that may be provided by the local authority; or

    • (ii) any policy or intended policy of the local authority; or

  • (b) any proposal relating to—

    • (i) the current or future activities or objectives of the local authority; or

    • (ii) the current or future well-being of its local government area.

  (2) The local authority—

  • (a) must determine whether the matter that is the subject of the referendum affects all or part of its local government area; and

  • (b) must direct the electoral officer to conduct the referendum for all or the appropriate electors of the local government area accordingly.

  (3) More than 1 referendum may be conducted at the same time as a consequence of a direction under this section.

  (4) A referendum may be conducted as a consequence of a direction under this section in conjunction with any other election or poll, or separately.

  (5) A referendum conducted as a consequence of a direction under this section is a poll to which this Act applies.

  (6) This section does not prevent a local authority from directing the conduct of a referendum otherwise than under this section on a matter or proposal referred to in subsection (1), if that referendum is conducted separately from any election or poll.

  (7) The result of any referendum conducted as a consequence of a direction under this section is not binding on the local authority unless it resolves otherwise or any enactment provides otherwise.