Local Electoral Act 2001

19Y When determinations take effect

(1)

If there are no submissions on the proposal publicly notified under section 19M by a territorial authority or regional council, or if there are no appeals against, or objections to, a resolution publicly notified under section 19N(1) by a territorial authority or a regional council, the proposal or amended proposal, as the case may be, becomes the basis for election at the next triennial general election of the territorial authority or regional council or local board or community board, and continues in effect until a subsequent determination under this Part comes into effect, and the territorial authority or regional council must give public notice accordingly of that basis for election.

(2)

As soon as practicable after the publication of a public notice under subsection (1), the territorial authority or regional council by which that notice was given must—

(a)

send a copy of that notice to—

(i)

the Commission; and

(ii)

the Surveyor-General; and

(iii)

the Government Statistician; and

(iv)

the Remuneration Authority; and

(v)

the Secretary for Local Government; and

(b)

if that notice was given by a territorial authority, send a copy of that notice to any regional council for a region in which the district of the territorial authority or a part of that district is situated; and

(c)

if that notice was given by a regional council, send a copy of that notice to every territorial authority whose district or a part of whose district is within the region.

(3)

If a territorial authority or a regional council has, under subsection (1), or the Commission has, under section 19S(1), given public notice of the basis of election for the next triennial general election for a territorial authority or regional council or local board or community board, no such basis has effect unless—

(a)

a description or plan of each ward or constituency or community or subdivision has been sent to the Surveyor-General; and

(b)

the Surveyor-General, or a person appointed by the Surveyor-General, certifies that the description or plan is sufficient to render the boundaries of each ward or constituency or community or subdivision capable of identification.

(4)

If the description of any ward or constituency or community or subdivision to which subsection (3) applies is defective, but the Surveyor-General, or a person appointed by the Surveyor-General, certifies that it can be amended and the defect overcome without making any change in what was evidently intended to be the area comprised in the description, the description—

(a)

may be so amended by resolution; and

(b)

if so amended, has effect as if the provisions of subsection (3) had been complied with.

(5)

The territorial authority or regional council must reimburse the Commission for any costs incurred by the Commission in obtaining the certificate required by subsection (3) or must meet the cost of the production of that certificate if required to do so by the Surveyor-General.

(6)

The following provisions apply to every determination of the Commission under this section:

(a)

it is to come into force at the next triennial general election, except so far as may be necessary to provide for that election; and

(b)

a copy must be kept at the office of the territorial authority or regional council, and must be available for inspection without fee by any person during normal office hours.

Compare: 1974 No 66 s 101M

Section 19Y: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 19Y(1): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 19Y(2)(a)(iv): amended, on 29 June 2013, by section 14 of the Local Electoral Amendment Act 2013 (2013 No 40).

Section 19Y(3): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).