Local Electoral Act 2001

84 Counting of votes

(1)

Immediately after the close of voting, the electoral officer must, in the presence of those scrutineers who choose to be present and any Justice of the Peace appointed under section 82 who chooses to be present, count the votes cast at the election or poll in accordance with—

(a)

the procedures prescribed for counting in respect of the electoral system used for the election or poll; and

(b)

the procedures prescribed for counting in respect of the voting method or voting methods used at the election or poll.

(2)

Subsections (3) to (5) apply if elections for the position of mayor and a member or members of the territorial authority are held at the same time using either the Single Transferable Voting electoral system or the First Past the Post electoral system.

(3)

If the electoral officer is satisfied, after the close of voting, that any person who is a candidate for the position of mayor and is also a candidate at the election of the member or members of the territorial authority will be declared to be elected as mayor, the electoral officer must endorse that opinion on the candidate’s nomination form for the position of mayor.

(4)

If the electoral officer makes an endorsement under subsection (3), that candidate ceases to be available for election, and cannot be elected at the election of the member or members of the territorial authority.

(5)

If, for any reason, a person is declared to be elected as mayor and that person is also elected to be a member of the territorial authority, section 88 applies.

(5A)

Subsections (5B) to (5D) apply if elections for the position of a member or members of a territorial authority and a member or members of any of its local boards or community boards are held at the same time using either the Single Transferable Voting electoral system or the First Past the Post electoral system.

(5B)

If the electoral officer is satisfied, after the close of voting, that any person who is a candidate for the position of member of a territorial authority and is also a candidate at the election of the member or members of any of its local boards or community boards will be declared to be elected as a member of the territorial authority, the electoral officer must endorse that opinion on the candidate’s nomination form for the position of member of the territorial authority.

(5C)

If the electoral officer makes an endorsement under subsection (5B), that candidate ceases to be available for election, and cannot be elected at the election of the member or members of the local board or community board.

(5D)

If, for any reason, a person is declared to be elected as a member of the territorial authority and that person is also elected to be a member of a local board or community board, section 88A applies.

(6)

Subsection (1) is subject to section 68(4).

Section 84(5A): inserted, on 25 December 2002, by section 30 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 84(5A): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 84(5B): inserted, on 25 December 2002, by section 30 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 84(5B): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 84(5C): inserted, on 25 December 2002, by section 30 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 84(5C): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 84(5D): inserted, on 25 December 2002, by section 30 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 84(5D): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).