New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint
as at 24 January 2009
| Public Act | 2001 No 35 |
| Date of assent | 29 May 2001 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Internal Affairs.
Duties of programmers and certifiers
Part 1A
Representation arrangements for elections of territorial authorities, regional councils, and community boards
19T Requirement for effective representation and other factors in determination of membership and basis of election of territorial authorities
19U Requirement for effective representation and other factors in determination of membership and basis of election of regional council
19V Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions
Maori wards and Maori constituencies
19Z Territorial authority or regional council may resolve to establish Maori wards or Maori constituencies
Electoral systems for elections
Procedures after close of nominations
Further notice of election or poll
Voting, processing, and counting of votes
Recount of votes cast at election
Term of membership of elected members
The Parliament of New Zealand enacts as follows:
This Act is the Local Electoral Act 2001.
This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made appointing different dates for different provisions.
The purpose of this Act is to modernise the law governing the conduct of local elections and polls and, in doing this, to—
(a) provide sufficient flexibility in the law to readily accommodate new technologies and processes as they are developed (through the use of regulations to prescribe matters of detail that will be the subject of future change); and
(b) adopt uniform rules in relation to—
(i) the timing of local elections; and
(ii) the right of individuals to vote, stand for election, and nominate candidates for election; and
(iii) the appointment, powers, and duties of electoral officers and other electoral officials; and
(iv) the compilation of electoral rolls; and
(v) the procedures to be adopted for the conduct of elections and polls; and
(vi) offences against this Act and penalties for those offences; and
(vii) disputed elections; and
(viii) electoral expenses; and
(ix) extraordinary vacancies; and
(c) allow diversity (through local decision-making) in relation to—
(i) the particular electoral system to be used for local elections and polls; and
(ia) the regular review of representation arrangements for local authorities; and
(ii) the particular voting method to be used for local elections and polls; and
(d) implement the principles set out in section 4.
Paragraph (c)(ia) was inserted, as from 25 December 2002, by section 3 Local Electoral Amendment Act 2002 (2002 No 85).
(1) The principles that this Act is designed to implement are the following:
(a) fair and effective representation for individuals and communities:
(b) all qualified persons have a reasonable and equal opportunity to—
(i) cast an informed vote:
(ii) nominate 1 or more candidates:
(iii) accept nomination as a candidate:
(c) public confidence in, and public understanding of, local electoral processes through—
(i) the provision of a regular election cycle:
(ii) the provision of elections that are managed independently from the elected body:
(iii) protection of the freedom of choice of voters and the secrecy of the vote:
(iv) the provision of transparent electoral systems and voting methods and the adoption of procedures that produce certainty in electoral outcomes:
(v) the provision of impartial mechanisms for resolving disputed elections and polls.
(2) Local authorities, electoral officers, and other electoral officials must, in making decisions under this Act or any other enactment, take into account those principles specified in subsection (1) that are applicable (if any), so far as is practicable in the circumstances.
(3) This section does not override any other provision in this Act or any other enactment.
(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
For local electoral purposes, the First Past the Post electoral system,—
(a) in the case of an election, has the following features:—
(i) voters may cast as many votes as there are positions to be filled:
(ii) where a single position is to be filled, the candidate who receives the highest number of votes is elected:
(iii) where more than 1 position is to be filled, the candidates equal to the number of positions who receive the highest number of votes are elected:
(b) in the case of a poll, has the features specified in paragraph (a) as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that are the subject of the poll.
Sections 5A and 5B were inserted, as from 7 July 2004, by section 4 Local Electoral Amendment Act 2004 (2004 No 62).
For local electoral purposes, the Single Transferable Voting electoral system,—
(a) in the case of an election for multi-member vacancies, has the following features:—
(i) voters express a first preference for 1 candidate and may express second and further preferences for other candidates:
(ii) a quota for election is calculated from the number of votes and positions to be filled:
(iii) the first preferences are counted and any candidate whose first preference votes equal or exceed the quota is elected:
(iv) if insufficient candidates are elected under subparagraph (iii), the proportion of an elected candidate's votes above the quota is redistributed according to voters' further preferences, and—
(A) candidates who then reach the quota are elected; and
(B) the candidate with the fewest votes is excluded:
(v) the excluded candidate's votes are redistributed according to voters' further preferences:
(b) in the case of an election for a mayoral or single member vacancy, has the following features:—
(i) voters express a first preference for 1 candidate and may express second and further preferences for other candidates:
(ii) an absolute majority of votes for election is calculated from the number of votes and positions to be filled:
(iii) the first preferences are counted and, if a candidate's first preference votes equal or exceed the absolute majority of votes, that candidate is elected:
(iv) if no candidate is elected under subparagraph (iii), the candidate with the fewest votes is excluded and that candidate's votes are redistributed according to voters' further preferences:
Sections 5A and 5B were inserted, as from 7 July 2004, by section 4 Local Electoral Amendment Act 2004 (2004 No 62).
This Act binds the Crown.
This Act applies to—
(a) every election of the Mayor of a territorial authority; and
(b) every election of 1 or more members of a territorial authority; and
(c) every election of 1 or more members of a regional council; and
(d) every election of 1 or more members of a community board; and
(e) every election of 1 or more members of a licensing trust; and
(f) every election of 1 or more members of a district health board; and
(g) any other election to which this Act, or its predecessors, is applied by any other Act, to the extent provided in that Act; and
(h) every poll required by any Act to be taken under this Act, or its predecessors; and
(i) any other election conducted as a consequence of a direction under section 8; and
(j) any referendum deemed to be a poll by section 9.
(1) A local authority may direct the electoral officer to conduct an election (whether on behalf of some other person or body or otherwise) that is not required to be held under this or any other Act.
(2) More than 1 election may be conducted as a consequence of a direction under this section at the same time.
(3) An election conducted as a consequence of a direction under this section may be conducted in conjunction with any other election or poll, or separately.
(4) An election conducted as a consequence of a direction under this section is an election to which this Act applies.
(5) This section does not prevent a local authority from directing the conduct of an election otherwise than under this section on behalf of some other person or body, if that election is conducted separately from any other election or poll.
(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.
(1) The next triennial general election of members of every local authority and community board is on 13 October 2001.
(2) A general election of members of every local authority or community board must be held on the second Saturday in October in every third year after the general election referred to in subsection (1).
Compare: 1976 No 144 s 4
Despite section 10, if a general election of any local authority or community board is held within 12 months before the date of a triennial general election under that section, a triennial general election must not be held for that local authority or community board.
Compare: 1976 No 144 s 5
(1) For every local authority there must at all times be an electoral officer appointed by the local authority to exercise the powers and carry out the duties conferred on the electoral officer by this Act and any other enactment, in relation to that local authority.
(2) The electoral officer may—
(a) delegate to any person or class of persons any power or duty under this Act or regulations made under this Act (except this power of delegation):
(b) appoint or engage any person or class of persons for the purposes of carrying out any of those powers or duties.
(3) An electoral officer, unless he or she dies, resigns, is dismissed from office, or becomes incapable of acting, remains in office until his or her successor comes into office.
(1) Every electoral officer must appoint a deputy electoral officer.
(2) The deputy electoral officer must act as electoral officer if the electoral officer dies, resigns, is dismissed from office, or becomes incapable of acting, and must continue to act until—
(a) the electoral officer is again capable of acting; or
(b) a new electoral officer is appointed and comes into office.
(3) The deputy electoral officer has all the powers of the electoral officer and must carry out the duties of the electoral officer while the deputy is acting as the electoral officer.
(1) An electoral officer, deputy electoral officer, or other electoral official is not subject to the directions of any local authority or community board in the exercise of powers or the carrying out of duties under this Act or regulations made under this Act.
(2) An electoral officer, deputy electoral officer, or other electoral official must not exercise any powers or carry out any duties under this Act or any regulations made under this Act unless he or she has made a declaration containing the prescribed details and the declaration is current.
(3) For the purposes of subsection (2), a declaration is current until,—
(a) in the case of a declaration made on or after 1 February in the year in which a triennial general election is to be held, the close of 31 January in the third year after the year in which the declaration is made:
(b) in the case of a declaration made at any other time, the close of 31 January in the year in which the next triennial general election is to be held.
(4) A person must not be appointed or act as electoral officer, deputy electoral officer, or other electoral official if that person is—
(a) a candidate in any election to be conducted; or
(b) a member of any local authority or community board for whom an election or poll is to be conducted.
(5) The chief executive of a local authority (however described) must not be appointed or act as an electoral officer, deputy electoral officer, or other electoral official, unless the local authority concerned is satisfied that no other course of action is reasonably practicable in the circumstances.
Subsection (5) was amended, as from 25 December 2002, by section 5 Local Electoral Amendment Act 2002 (2002 No 85) by omitting the words “principal administrative officer or”
.
(1) An electoral officer is responsible for conducting every election or poll—
(a) falling within the description of the type of election or poll he or she was appointed to conduct; and
(b) to be held or taken within the local government area for which he or she was appointed to conduct elections and polls.
(2) An electoral officer is responsible, in accordance with the provisions of this Act and regulations made under this Act, for—
(a) the compilation and certification of electoral rolls:
(b) the publication of any public notice relating to elections and polls and the calling of nominations, required to be given:
(c) receiving nominations, candidate profile statements, and deposits required to be paid:
(d) issuing and receiving ordinary and special votes and other official documents:
(e) the processing and counting of votes:
(f) the declaration of results:
(g) receiving returns of electoral expenses:
(h) investigating possible offences and reporting alleged offences to the police.
(3) The electoral officer has all the powers and duties conferred on the electoral officer by this Act or any other enactment.
Every election of 1 or more members of a territorial authority and its community boards (if any) or poll of electors of that territorial authority or those community boards must be conducted by an electoral officer as provided in section 15.
Compare: 1976 No 144 s 5B(1)
If section 17 applies, and the election of 1 or more members of a local authority that is not a territorial authority or a poll of the electors of that authority is to be conducted in conjunction with the election of 1 or more territorial authorities in the same local government area, for the purposes of the election of members of the local authority that is not a territorial authority or the poll of electors of that authority,—
(a) the electoral roll for the election or poll comprises the relevant part or parts of the electoral roll or rolls compiled by the electoral officer or officers of the territorial authority or authorities that are wholly or partly within the local government area of the local authority that is not a territorial authority and the relevant details of any other person qualified to vote at the election or poll; and
(b) it is not necessary for the electoral officer of the local authority that is not a territorial authority to compile and certify that electoral roll; and
(c) the electoral officer or officers of the territorial authority or authorities that are wholly or partly within the local government area of the local authority that is not a territorial authority are responsible for—
(i) issuing and receiving ordinary and special votes and other official documents; and
(ii) carrying out any power or duty delegated to that officer or officers under section 12(2)(a); or
(iii) carrying out any power or duty that the officer or officers have been appointed or engaged to carry out under section 12(2)(b); and
(d) if any electors at the election or poll are in a local government area that is not within the district of a territorial authority, the duties referred to in paragraph (c) must, in respect of those electors, be carried out by 1 of the electoral officers referred to in that paragraph appointed by the local authority for whom the election is held or poll is taken.
Paragraph (c) was substituted, as from 7 July 2004, by section 5 Local Electoral Amendment Act 2004 (2004 No 62).
(1) If section 17 applies, but the election of 1 or more members of a local authority that is not a territorial authority or the poll of the electors of that authority is not to be conducted in conjunction with an election of members of any territorial authority or a poll of electors of that authority, the electoral officer of the local authority that is not a territorial authority may—
(a) carry out all duties required by section 15(2); or
(b) require the electoral officer or electoral officers of the territorial authorities wholly or partly within the local government area of the local authority that is not a territorial authority to take responsibility for carrying out any duty delegated to that person under section 12(2) by the electoral officer of the local authority for whom the election or poll is held or taken.
(2) If any of the electors at the election or poll are in a local government area that is not within the district of a territorial authority and subsection (1)(b) applies, the duties referred to in subsection (1)(b) must, in respect of those electors, be carried out by 1 of the electoral officers referred to in that paragraph, appointed by the local authority for whom the election is held or poll is taken.
This heading was inserted, as from 7 July 2004, by section 6 Local Electoral Amendment Act 2004 (2004 No 62).
Every person responsible for the design of a counting program intended to implement the New Zealand method of counting single transferable votes must take all reasonable steps to ensure that the program produces outcomes that are consistent with the process specified in Schedule 1A of the Local Electoral Regulations 2001.
Sections 19AA and 19AB were inserted, as from 7 July 2004, by section 6 Local Electoral Amendment Act 2004 (2004 No 62).
A counting program may not be used at an election or poll under this Act, for the purpose of implementing the New Zealand method of counting single transferable votes, unless a certifier appointed for the purpose by the Secretary for Local Government has first certified that the program produces outcomes that are consistent with the process specified in Schedule 1A of the Local Electoral Regulations 2001
Sections 19AA and 19AB were inserted, as from 7 July 2004, by section 6 Local Electoral Amendment Act 2004 (2004 No 62).
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
Every governing body of a territorial authority is to consist of not fewer than 6 members nor more than 30 members, including the mayor, who are the members of the territorial authority.
Compare: 1974 No 66 s 101C
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) The mayor of a territorial authority is to be elected by the electors of the district as a whole.
(2) The election of the mayor is to be held at the same time as the general election of the other members of the territorial authority.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A district of a territorial authority may be divided into wards for electoral purposes.
(2) If a district is divided into wards, some of the members of the territorial authority may be elected by the electors of the district as a whole, but, in that case, the other members of the territorial authority must be elected by the electors of each ward of the district.
(3) Each ward must elect at least 1 member of the territorial authority.
(4) If a district is not divided into wards, the members of the territorial authority must be elected by the electors of the district as a whole.
(5) If a district is divided into wards, each member of the territorial authority representing a ward must be elected by the electors of that ward.
Compare: 1974 No 66 ss 101D(1), (3), 101E(1), (3), (4)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
Every governing body of a regional council is to consist of not fewer than 6 members nor more than 14 members, who are the members of the regional council.
Compare: 1974 No 66 s 101CA
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A region must be divided into constituencies for electoral purposes.
(2) The members of a regional council must be elected by the electors of each constituency of the region.
(3) The members of a regional council may not be elected partly by the electors of the region and partly by the electors of each constituency of the region.
(4) Each constituency must elect at least 1 member of the regional council.
(5) The members of the regional council representing the respective constituencies of the region must be elected by the electors of those constituencies respectively.
Compare: 1974 No 66 ss 101D(2), (3), 101E(1), (2)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) Every community board—
(a) is to consist of not fewer than 4 members nor more than 12 members; and
(b) is to include at least 4 elected members; and
(c) may include appointed members.
(2) The number of appointed members is to be less than half the total number of members.
(3) The persons who are appointed under subsection (1)(c) as members of the community board must—
(a) be members of, and must be appointed by, the territorial authority for the district in respect of which the community is constituted; and
(b) if the territorial authority is divided into wards, also be members of the territorial authority representing a ward in which the community is situated.
Compare: 1974 No 66 s 101ZQ(1), (2), (5)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) The part of a district in respect of which a community is constituted may be subdivided for electoral purposes.
(2) Each subdivision must elect at least 1 member of the community board.
(3) If a community comprises 2 or more whole wards, the elected members of the community board may be elected by the electors of each ward.
(4) If the community is not subdivided for electoral purposes, the members of the community board must, unless they are to be elected in accordance with subsection (3), be elected by the electors of the community as a whole.
(5) If a community is subdivided for electoral purposes or if the members of the community board are to be elected in accordance with subsection (3),—
(a) each member of the community board who represents a subdivision must be elected by the electors of the subdivision; and
(b) each member of the community board who represents a ward must be elected by the electors of that ward.
Compare: 1974 No 66 s 101E(5)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A territorial authority must determine by resolution, and in accordance with this Part,—
(a) whether the members of the territorial authority (other than the mayor) are proposed to be elected—
(i) by the electors of the district as a whole; or
(ii) by the electors of 2 or more wards; or
(iii) in some cases by the electors of the district as a whole and in the other cases by the electors of each ward of the district; and
(b) in any case to which paragraph (a)(i) applies, the proposed number of members to be elected by the electors of the district as a whole; and
(c) in any case to which paragraph (a)(iii) applies,—
(i) the proposed number of members to be elected by the electors of the district as a whole; and
(ii) the proposed number of members to be elected by the wards of the district; and
(2) The determination required by subsection (1) must be made by a territorial authority,—
(a) on the first occasion, either in 2003 or in 2006; and
(b) subsequently, at least once in every period of 6 years after the first determination.
Compare: 1974 No 66 s 101H(1)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A regional council must determine by resolution, and in accordance with this Part,—
(a) the proposed number of constituencies; and
(b) the proposed name and the proposed boundaries of each constituency; and
(c) the number of members proposed to be elected by the electors of each constituency.
(2) The determination required by subsection (1) must be made by the regional council,—
(a) on the first occasion, either in 2003 or in 2006; and
(b) subsequently, at least once in every period of 6 years after the first determination.
Compare: 1974 No 66 s 101H(2)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A territorial authority must, on every occasion on which it passes a resolution under section 19H, determine by that resolution, and in accordance with this Part, not only the matters referred to in that section but also whether, in light of the principle set out in section 4(1)(a) (which relates to fair and effective representation for individuals and communities),—
(a) there should be communities and community boards; and
(b) if so resolved, the nature of any community and the structure of any community board.
(2) The resolution referred to in subsection (1) must, in particular, determine—
(a) whether 1 or more communities should be constituted:
(b) whether any community should be abolished or united with another community:
(c) whether the boundaries of a community should be altered:
(d) whether a community should be subdivided for electoral purposes or whether it should continue to be subdivided for electoral purposes, as the case may require:
(e) whether the boundaries of any subdivision should be altered:
(f) the number of members of any community board:
(g) the number of members of a community board who should be elected and the number of members of a community board who should be appointed:
(h) whether the members of a community board who are proposed to be elected are to be elected—
(i) by the electors of the community as a whole; or
(ii) by the electors of 2 or more subdivisions; or
(iii) if the community comprises 2 or more whole wards, by the electors of each ward:
(i) in any case to which paragraph (h)(ii) applies,—
(i) the proposed name and the proposed boundaries of each subdivision; and
(ii) the number of members proposed to be elected by the electors of each subdivision.
(3) Nothing in this section limits the provisions of section 19F.
Compare: 1974 No 66 s 101ZR(3)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) Every resolution specified in subsection (3) must include or be accompanied by a description of each proposed ward, constituency, community, or subdivision, and its proposed boundaries, so as to make each proposed ward, constituency, community, or subdivision readily identifiable to the public.
(2) If any resolution under section 19H or section 19I or section 19J proposes any change to the basis of election, membership, or ward, constituency, community, or subdivision boundaries which applied at the last triennial general election of members of the territorial authority, regional council, or community board, that resolution must include an explanation of the reasons for the proposed change.
(3) Subsection (1) applies to every resolution under section 19H(1)(a)(ii) or section 19H(1)(a)(iii) or section 19I(1) or section 19J(2)(a) or section 19J(2)(b) or section 19J(2)(c) or section 19J(2)(d) or section 19J(2)(e) or section 19J(2)(h)(iii).
Compare: 1974 No 66 s 101H(3), (4)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
If a territorial authority or regional council makes a resolution under section 19H or section 19I or section 19J, that territorial authority or regional council must, as soon as practicable after making that resolution,—
(a) send a copy of that resolution to—
(i) the Commission; and
(ii) the Surveyor-General; and
(iii) the Government Statistician; and
(iv) the Higher Salaries Commission or the Remuneration Authority.
(b) in the case of a resolution made by a regional council, send a copy of that resolution to every territorial authority whose district or a part of whose district is within the region; and
(c) in the case of a resolution made by a territorial authority, send a copy of that resolution to any regional council for a region in which the district of the territorial authority or any part of that district is situated.
Compare: 1974 No 66 s 101I
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A territorial authority or regional council that makes a resolution under section 19H or section 19I or section 19J must, within 14 days after making the resolution (but, in the year immediately before the year of a triennial general election, not later than 8 September), give public notice of the proposals contained in the resolution.
(2) The public notice must—
(a) include a statement about how persons interested in the proposals may inspect the full proposals; and
(b) specify the communities of interest considered by the territorial authority or regional council as required by section 19T and section 19V or, as the case may require, section 19U and section 19V; and
(c) specify the ratio of population to proposed members for each proposed ward (if any) or constituency or subdivision (if any), and the reasons for those proposals in terms of section 19V(2) and, if applicable, section 19V(3); and
(d) specify a period of not less than 1 month from the date of the first or only publication of the notice within which persons interested in the resolution may make submissions on the resolution to the territorial authority or regional council.
(3) A territorial authority or regional council to whom subsection (1) applies must—
(a) ensure that any person who makes a submission on the proposal within the period referred to in subsection (2)(d)—
(i) is sent a written notice acknowledging receipt of that person's submission; and
(ii) is given a reasonable opportunity to be heard by the territorial authority or regional council (if that person so requests); and
(b) ensure that the notice given to a person under paragraph (a) contains information—
(i) advising that person of that person's opportunity to be heard; and
(ii) explaining how that person may exercise that person's opportunity to be heard; and
(c) ensure that, except as otherwise provided by Part 7 of the Local Government Official Information and Meetings Act 1987, every meeting at which submissions on a resolution referred to in subsection (1) are heard or at which the territorial authority or regional council deliberates on the proposal is open to the public; and
(d) subject to the Local Government Official Information and Meetings Act 1987, make all written submissions on a resolution of that kind available to the public.
Compare: 1974 No 66 s 101J(1)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) The territorial authority or regional council must, within 6 weeks after the end of the period allowed for the making of submissions and specified in the notice given under section 19M,—
(a) consider all submissions received and may, by resolution, make such amendments to the resolution made under section 19H or section 19I or section 19J, as the case may be, as it thinks fit; and
(b) give public notice of its proposals.
(2) The public notice must—
(a) incorporate any amendments resolved under subsection (1)(a); and
(b) state both the reasons for the amendments and the reasons for any rejection of submissions; and
(c) specify the right of appeal conferred by section 19O, including the place and closing date for the receipt of appeals; and
(3) The territorial authority or regional council by which the public 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 Higher Salaries Commission or the Remuneration Authority.
(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 any 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.
Compare: 1974 No 66 s 101J(3), (6)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) Any person who or organisation (including a community board) that has made submissions on a resolution made under section 19H or section 19I or section 19J may lodge a written appeal against the decision of the territorial authority or regional council at the principal office of the territorial authority or regional council on or before the date specified in the public notice of that decision.
(2) That date—
(a) must not be earlier than 1 month after the date of the first or only publication of the public notice; and
(b) must not, in a year immediately before the year of a triennial general election, be later than 20 December.
(3) An appeal lodged under this section—
(a) must identify the matters to which the appeal relates:
(b) may raise only those matters that were raised in the appellants' submissions.
Compare: 1974 No 66 s 101J(4)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) If the territorial authority or regional council has, under section 19N(1)(a), amended the resolution made by it under section 19H or section 19I or section 19J, any interested person or organisation (including a community board) may lodge a written objection to the amended resolution at the principal office of the territorial authority or regional council on or before the date specified in the public notice, which date must be the same date as that specified for the closing of receipt of appeals under section 19O.
(2) An objection lodged under this section must identify the matters to which the objection relates.
Compare: 1974 No 66 s 101J(5)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
If the territorial authority or regional council receives any appeal under section 19O or any objection under section 19P, the territorial authority or regional council must, as soon as practicable, but, in the year of a triennial general election, in no case later than 15 January, forward to the Commission—
(a) the resolution made under section 19H or section 19I or section 19J and any resolution made under section 19N(1)(a) that made amendments to the resolution made under section 19H or section 19I or section 19J; and
(b) a copy of the public notice given under section 19N(1)(b); and
(c) every submission made to the territorial authority or regional council on the resolution made by the territorial authority or regional council under section 19H or section 19I or section 19J; and
(d) every appeal and objection received by the territorial authority or regional council under section 19O or section 19P; and
(e) such information concerning the communities of interest and population of the district or region or community, or any proposed ward or constituency or subdivision, as is held by the territorial authority or regional council and is necessary for the purposes of section 19R.
Compare: 1974 No 66 s 101J(7)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) The Commission must—
(a) consider the resolutions, submissions, appeals, objections, and information forwarded to it under section 19Q; and
(b) subject to sections 19T and 19V in the case of a territorial authority, and to sections 19U and 19V in the case of a regional council, determine,—
(i) in the case of a territorial authority that has made a resolution under section 19H, the matters specified in that section:
(ii) in the case of a regional council that has made a resolution under section 19I, the matters specified in that section:
(iii) in the case of a territorial authority that has made a resolution under section 19J, the matters specified in that section.
(2) For the purposes of making a determination under subsection (1)(b), the Commission—
(a) may make any enquiries that it considers appropriate; and
(b) may hold, but is not obliged to hold, meetings with the territorial authority or regional council or any persons who have lodged an appeal or objection and have indicated a desire to be heard by the Commission in relation to that appeal or objection.
(3) The Commission must, before 11 April in the year of a triennial general election, complete the duties it is required to carry out under subsection (1).
Compare: 1974 No 66 s 101K(1), (2)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) Notice in writing of every determination made under section 19R(1)(b), setting out the reasons for the determination, must be given by the Commission to the territorial authority or regional council concerned, and by public notice.
(2) As soon as practicable after the publication of a public notice under subsection (1), the Commission must send a copy of that notice to—
(a) the Surveyor-General; and
(b) the Government Statistician; and
(c) the Higher Salaries Commission or the Remuneration Authority; and
(d) the Secretary for Local Government.
(3) Subject to Part 2AA of the Local Government Act 1974 or Schedule 5 of the Local Government Act 2002, the determination of the Commission made under section 19R(1)(b) is final and comes into force for the next triennial general election, and continues in effect until a subsequent determination under this Part comes into effect.
Compare: 1974 No 66 s 101K(3)-(5)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
In determining the matters specified in paragraphs (a) to (d) of section 19H(1), the territorial authority and, where appropriate, the Commission must ensure—
(a) that the election of members of the territorial authority (other than the mayor), in 1 of the ways specified in subparagraphs (i) to (iii) of section 19H(1)(a), will provide effective representation of communities of interest within the district; and
(b) that ward boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and
(c) that, so far as is practicable, ward boundaries coincide with community boundaries.
Compare: 1974 No 66 s 101L(2), (4)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
In determining the matters specified in paragraphs (a) to (c) of section 19I(1), the regional council and, where appropriate, the Commission must ensure—
(a) that the number and boundaries of constituencies will provide effective representation of communities of interest within the region; and
(b) that constituency boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and
(c) that, so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards.
Compare: 1974 No 66 s 101L(1)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) In determining the number of members to be elected by the electors of any ward or constituency or subdivision, the territorial authority or regional council and, where appropriate, the Commission must ensure that the electors of the ward or constituency or subdivision receive fair representation, having regard to the population of every district or region or community and every ward or constituency or subdivision within the district or region or community.
(2) For the purposes of giving effect to subsection (1), the territorial authority or regional council and, where appropriate, the Commission must ensure that the population of each ward or constituency or subdivision, divided by the number of members to be elected by that ward or constituency or subdivision, produces a figure no more than 10% greater or smaller than the population of the district or region or community divided by the total number of elected members (other than members elected by the electors of a territorial authority as a whole, if any, and the mayor, if any).
(3) Despite subsection (2),—
(a) if the territorial authority or the Commission considers that the effective representation of communities of interest within island communities or isolated communities situated within the district of the territorial authority so requires, wards and subdivisions of a community may be defined and membership distributed between them in a way that does not comply with subsection (2):
(b) if the regional council or the Commission considers that effective representation of communities of interest so requires, constituencies may be defined and membership distributed between them in a way that does not comply with subsection (2).
(4) A regional council that decides under subsection (3)(b) not to comply with subsection (2) must refer that decision to the Commission together with the information specified in section 19Q(a) to (e).
(5) A reference under subsection (4) must be treated as if it were an appeal against the decision of the regional council, for the purposes of sections 19R (other than subsection (1)(b)), 19S, and 19Y, which apply with any necessary modifications.
(6) On receiving a reference under subsection (4), the Commission must determine, under section 19R(1), whether—
(a) to uphold the decision of the regional council; or
(b) to alter that decision.
Compare: 1974 No 66 s 101L(3)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
Subsection (2) was amended, as from 7 July 2004, by section 7 Local Electoral Amendment Act 2004 (2004 No 62) by inserting the words “members elected by the electors of a territorial authority as a whole, if any, and”
after the words “other than”
.
In determining the matters specified in paragraphs (a) to (i) of section 19J(2), the territorial authority and, where appropriate, the Commission must ensure—
(a) that, in the case of the matters specified in paragraphs (a) to (g) of section 19J(2), it has regard to such of the criteria as apply to reorganisation proposals under the Local Government Act 1974 or the Local Government Act 2002 as the territorial authority or the Commission considers appropriate in the circumstances; and
(b) that the election of members of the community board, in 1 of the ways specified in subparagraphs (i) to (iii) of section 19J(2)(h), will provide effective representation of communities of interest within the community and fair representation of electors; and
(c) that the boundaries of every community, and of every subdivision of a community, coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes.
Compare: 1974 No 66 ss 101ZH(2), 101ZL
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) For the purposes of sections 19H to 19W, the certificate of the Government Statistician as to the population of any region, district, constituency, ward, community, or subdivision or any proposed constituency, ward, community, or subdivision is to be—
(a) a certificate of the ordinarily resident population as shown by the figures for the most recently published census (other than the figures for a census carried out in the year before a triennial general election of a territorial authority or regional council or the year in which such an election is to be held); or
(b) a certificate of the ordinarily resident population as assessed by the Government Statistician at any later date assessed by the Government Statistician.
(2) Every territorial authority and every regional council must supply to the Government Statistician such information as may be required by the Government Statistician concerning the definition of any area to which any certificate of the kind referred to in subsection (1) is to relate.
Compare: 1974 No 66 s 101L(5)
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in 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 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 Higher Salaries Commission or 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 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
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) Any territorial authority may resolve that the district be divided into 1 or more Maori wards for electoral purposes.
(2) Any regional council may resolve that the region be divided into 1 or more Maori constituencies for electoral purposes.
(3) A resolution under this section,—
(a) if made after a triennial general election but no later than 23 November of the year that is 2 years before the next triennial general election, takes effect, subject to paragraph (c), for the purposes of the next triennial general election of the territorial authority or regional council; and
(b) in any other case, takes effect, subject to paragraph (c), for the purposes of the next but one triennial general election; and
(c) in either case, takes effect for 2 triennial general elections of the territorial authority or regional council, and any associated election, and continues in effect after that until either—
(i) a further resolution under this section takes effect; or
(ii) a poll of electors of the territorial authority or regional council held under section 19ZF takes effect.
(5) In this section and in sections 19ZB to 19ZG, associated election, in relation to any 2 successive triennial general elections of a territorial authority or regional council, means—
(a) any election to fill an extraordinary vacancy in the membership of the body concerned that is held—
(i) between those elections; or
(ii) after the second of those elections but before the subsequent triennial general election:
(b) an election of the members of the body concerned under section 255(1)(b) or Schedule 15 of the Local Government Act 2002 that is held—
(i) between those elections; or
(ii) after the second of those elections but before the subsequent triennial general election.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
Subsection (4) was amended, as from 28 June 2006, by section 4 Local Electoral Amendment Act 2006 (2006 No 25) by substituting the expression “clauses 2(5)”
for the expression “clauses 2(4)”
.
(1) A territorial authority or regional council that passes a resolution under section 19Z must give public notice, not later than the required date, of the right to demand, under section 19ZB, a poll on the question whether,—
(a) in the case of a territorial authority, the district should be divided into 1 or more Maori wards; or
(b) in the case of a regional council, the region should be divided into 1 or more Maori constituencies.
(2) The public notice under subsection (1) must include—
(a) notice of the resolution under section 19Z; and
(b) a statement that a poll is required to countermand that resolution.
(3) In subsection (1), required date means,—
(a) in the case of a resolution under section 19Z that is made after a triennial general election but not later than 23 November of the year that is 2 years before the next triennial general election, 30 November in that year:
(b) in the case of a resolution under section 19Z that is made at some other time, the date that is 7 days after the date of the resolution.
(4) This section is subject to section 19ZE.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A specified number of electors of a territorial authority or regional council may, at any time, demand that a poll be held on the question whether,—
(a) in the case of a territorial authority, the district should be divided into 1 or more Maori wards; or
(b) in the case of a regional council, the region should be divided into 1 or more Maori constituencies.
(2) This section is subject to section 19ZE.
(3) In this section and sections 19ZC and 19ZD,—
demand means a demand referred to in subsection (1)
specified number of electors, in relation to a territorial authority or regional council, means a number of electors equal to or greater than 5% of the number of electors enrolled as eligible to vote at the previous triennial general election of the territorial authority or regional council.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A demand must be made by notice in writing—
(a) signed by a specified number of electors; and
(b) delivered to the principal office of the territorial authority or regional council.
(2) An elector may sign a demand and be treated as 1 of the specified number of electors only if,—
(a) in the case of a territorial authority, the name of the elector appears on the electoral roll of the territorial authority; or
(b) in the case of a regional council, the name of the elector appears on the electoral roll of a territorial authority and the elector's address as shown on that roll is within the region; or
(c) in a case where the name of an elector does not appear on a roll in accordance with paragraph (a) or paragraph (b),—
(i) the name of the elector is included on the most recently published electoral roll for any electoral district under the Electoral Act 1993 or is currently the subject of a direction by the Chief Registrar under section 115 of that Act (which relates to unpublished names); and
(ii) the address for which the elector is registered as a parliamentary elector is within the local government area of the territorial authority or regional council; or
(d) the address given by the elector who signed the demand—
(i) is confirmed by a Registrar of Electors as the address at which the elector is registered as a parliamentary elector; and
(ii) is, if the demand was given to a territorial authority, within the district of the territorial authority; or
(iii) is, if the demand was delivered to a regional council, within the region of the regional council; or
(e) the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the territorial authority or, as the case may require, the regional council.
(3) Every elector who signs a demand must state, against his or her signature,—
(a) the elector's name; and
(b) the address for which the person is qualified as an elector of the territorial authority or regional council.
(4) If a valid demand is received after 28 February in the year before the next triennial general election, the poll required by the demand—
(a) must be held after 21 May in that year; and
(b) has effect in accordance with section 19ZG(4) (which provides that the poll has effect for the purposes of the next but one triennial general election and the subsequent triennial general election).
(5) The chief executive of the territorial authority or regional council must, as soon as practicable, give notice to the electoral officer of every valid demand for a poll made in accordance with section 19ZB and this section.
(6) This section is subject to section 19ZE.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) A territorial authority or regional council may, at any time, resolve that a poll be held on the question whether,—
(a) in the case of a territorial authority, the district should be divided into 1 or more Maori wards; or
(b) in the case of a regional council, the region should be divided into 1 or more Maori constituencies.
(2) A resolution under subsection (1) may, but need not, specify the date on which the poll is to be held.
(3) The date specified for the holding of a poll must not be a date that would require deferral of the poll under section 138A.
(4) The chief executive of the territorial authority or regional council must give notice to the electoral officer under subsection (1),—
(a) if no date for the holding of the poll is specified in the resolution, as soon as is practicable:
(b) if a date for the holding of the poll is specified in the resolution, at an appropriate time that will enable the poll to be conducted in accordance with section 19ZF(3).
(5) This section is subject to section 19ZE.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
Sections 19Z to 19ZD do not apply, in relation to a territorial authority or regional council, if—
(a) a poll on the proposal described in section 19ZB or section 19ZD held under section 19ZF took effect at the previous triennial general election of the territorial authority or regional council or takes effect at the next triennial general election of the territorial authority or regional council; or
(b) another enactment requires that the district be divided into 1 or more Maori wards or the region be divided into 1 or more Maori constituencies.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) If the electoral officer for a territorial authority or regional council receives notice under section 19ZC(5) or section 19ZD(4), the electoral officer must, as soon as practicable after receiving that notice, give public notice of the poll under section 52.
(2) Despite subsection (1), if an electoral officer for a territorial authority or regional council receives 1 or more notices under both section 19ZC(5) and section 19ZD(4), or more than 1 notice under either section, in any period between 2 triennial general elections, the polls required to be taken under each notice may, to the extent that those polls would, if combined, take effect at the same general election, and if it is practicable to combine those polls, be combined.
(3) A poll held under this section must be held not later than 82 days after the date on which—
(a) the notice referred to in subsection (1) is received; or
(b) the last notice referred to in subsection (2) is received.
(5) Every poll under this section that is held in conjunction with a triennial general election or held after that date but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held determines whether, for the next 2 triennial general elections for the territorial authority or regional council and any associated election,—
(a) the district of the territorial authority is to be divided into 1 or more Maori wards; or
(b) the region of the regional council is to be divided into 1 or more Maori constituencies.
(6) Every poll under this section that is held at some other time determines whether, for the next but one triennial general election and the following triennial general election for the territorial authority or regional council and any associated election,—
(a) the district of the territorial authority is to be divided into 1 or more Maori wards; or
(b) the region of the regional council is to be divided into 1 or more Maori constituencies.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) Subsection (2) applies to a poll held in conjunction with a triennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held.
(2) If the result of a poll to which this subsection applies requires the division of the district of a territorial authority into 1 or more Maori wards, or the division of the region of a regional council into 1 or more Maori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,—
(a) in the case of a territorial authority, for the next 2 triennial general elections of the territorial authority, and any associated election; and
(b) in the case of a regional council, for the next 2 triennial general elections of the regional council, and any associated election; and
(c) for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.
(3) Subsection (4) applies to a poll held at some other time.
(4) If the result of a poll to which this subsection applies requires the division of a territorial authority into 1 or more Maori wards, or the division of the region of a regional council into 1 or more Maori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,—
(a) in the case of a territorial authority, for the next but one triennial general election and the following triennial general election of the territorial authority, and any associated election; and
(b) in the case of a regional council, for the next but one triennial general election and the following triennial general election of the regional council, and any associated election; and
(c) for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
If, for the purpose of a triennial general election,—
(a) a district of a territorial authority is required to be divided into 1 or more Maori wards; or
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) The Commission must issue guidelines identifying factors and considerations for territorial authorities or regional councils to take into account in making determinations under any of the provisions of sections 19H to 19J and Schedule 1A.
(2) The Commission may, from time to time, amend or revoke any guidelines issued under subsection (1).
(3) Any guidelines issued under subsection (1) may relate to territorial authorities or regional councils generally or to a specific class of territorial authorities or regional councils.
(4) The Commission must, as soon as practicable after issuing any guidelines under subsection (1),—
(a) send a copy of those guidelines to every territorial authority and every regional council; and
(b) publish in the Gazette a notice—
(i) stating that the guidelines have been issued; and
(ii) naming the place or places at which copies of the guidelines are available for inspection free of charge or for purchase or both.
(5) The Commission must ensure that, so long as the guidelines remain in force, copies of the guidelines are available—
(a) for inspection by members of the public free of charge; and
(b) for supply to members of the public either free of charge or for purchase at a reasonable price.
(6) The provisions of subsections (4) and (5) apply, with all necessary modifications, in respect of any amendment or revocation of any guidelines issued under subsection (1).
Part 1A (comprising sections 19A to 19ZI) was inserted, as from 25 December 2002, by section 6 Local Electoral Amendment Act 2002 (2002 No 85). See section 55 of that Act as to certain determinations remaining in effect.
(1) Every person whose name appears on the electoral roll in force in any district of a territorial authority or in the local government area of any other local authority as a residential elector or a ratepayer elector is, unless the person has ceased to possess a qualification as a residential elector or ratepayer elector, an elector and is entitled to exercise 1 vote—
(a) at every election for which that roll indicates the elector is qualified to exercise a vote; and
(b) at every poll for which that roll indicates the elector is qualified to exercise a vote.
(2) Every person who has qualified as a residential elector before the close of voting, and who applied to enrol as an elector not later than the day before the close of voting but whose name does not appear on the electoral roll or whose voting entitlements are incorrectly recorded on that roll, is an elector and is entitled to exercise 1 vote—
(a) at every election for which that elector is qualified to exercise a vote; and
(b) at every poll for which that elector is qualified to exercise a vote.
(3) Every person who has qualified as a ratepayer elector before the close of voting and who applied to enrol as a ratepayer elector not later than the day before the close of voting but whose name does not appear on the electoral roll or whose voting entitlements are incorrectly recorded on that roll, is an elector and is entitled to exercise 1 vote—
(a) at every election for which that elector is qualified to exercise a vote; and
(b) at every poll for which that elector is qualified to exercise a vote.
(4) No person is entitled to vote more than once at the same election or poll.
Compare: 1976 No 144 s 7A
Any elector may vote at an election or poll as a special voter if—
(a) the elector's name does not appear on the copy of the roll used for that election or poll or has been wrongly deleted from that copy; or
(b) in the case of an election or poll relating to a ward, community, or constituency, the elector has qualified as an elector and the name of the elector is entered on a roll for the territorial authority or other local authority in whose district or region the ward, community, or constituency is situated, but is not entered on a roll in respect of that ward, community, or constituency; or
(c) the elector is a person to whom, for any other reason, section 20(2) or (3) applies; or
(d) the elector spoils, loses, or does not receive his or her voting documents; or
(e) the elector satisfies the electoral officer that it will not be possible or practicable for the elector to vote by casting an ordinary vote without incurring hardship or undue inconvenience.
(1) Despite anything to the contrary in this Act, a special voter may vote in any manner and subject to any condition prescribed by regulations made under this Act, and the voting documents must be dealt with in the prescribed manner.
(2) Subject to this Act and to any regulations made under this Act, the provisions of this Act and any regulations made under this Act, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.
Every parliamentary elector is qualified as a residential elector of a local government area if the address in respect of which the person is registered as a parliamentary elector is within the local government area.
Compare: 1974 No 66 s 101F(1)
(1) Every parliamentary elector is qualified as a ratepayer elector of a region, a district, or a community if the address for which the person is registered as a parliamentary elector is outside the region, district, or community, and—
(a) that person is identified in the appropriate valuation roll as the sole ratepayer in respect of a rating unit within the region, district, or community; or
(b) that person is nominated to be enrolled as a ratepayer elector in respect of a rating unit within the region, district, or community, owned by 1 or more ratepayers, none of whom is qualified as a residential elector within the region, district, or community.
(2) Subsection (1) does not authorise the nomination of different persons by the same ratepayer or ratepayers in respect of different properties within the same region, district, or community.
Compare: 1974 No 66 s 101F(2)
Subsection (1)(a) was amended, as from 7 July 2004, by section 8(a) Local Electoral Amendment Act 2004 (2004 No 62) by substituting the words “rating unit”
for the words “rateable property”
.
Subsection (1)(b) was amended, as from 7 July 2004, by section 8(b)(i) Local Electoral Amendment Act 2004 (2004 No 62) by substituting the words “a rating unit”
for the word “property”
.
Subsection (1)(b) was amended, as from 7 July 2004, by section 8(b)(ii) Local Electoral Amendment Act 2004 (2004 No 62) by substituting the word “owned”
for the word “occupied”
.
(1) In the case of a triennial general election, every residential elector of a district who, on the day before polling day for the election,—
(a) is registered as a parliamentary elector at an address within a Maori ward; and
(b) is registered as an elector of a Maori electoral district,—is, at that triennial general election, an elector of that Maori ward.
(2) In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a district—
(a) whose entitlement as an elector arises in respect of property in a Maori ward; and
(b) who is registered as an elector of a Maori electoral district,—is, at that general election, an elector of that Maori ward.
(3) In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every residential elector of a district who, on the day before polling day for the election,—
(a) is registered as a parliamentary elector at an address within a Maori ward; and
(b) is registered as an elector of a Maori electoral district,—is, at that election, an elector of that Maori ward.
(4) In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every person who, on the day before polling day for the election, is a ratepayer elector of a district—
(a) whose entitlement as an elector arises in respect of property in a Maori ward; and
(b) who is registered as a elector of a Maori electoral district,—is, at the election, an elector of that Maori ward.
Compare: 2001 No 1 (L) s 10(1)(a), (2)(a)
Sections 24A to 24F were inserted, as from 25 December 2002, by section 7 Local Electoral Amendment Act 2002 (2002 No 85).
(1) A person who, under section 24A, is an elector of a Maori ward of a territorial authority is, at a triennial general election,—
(a) entitled to vote—
(i) at the election of the mayor; and
(ii) at the election of the member or members who will represent that Maori ward; and
(iii) at the election of the member or members (if any) to be elected to represent the whole of the district; and
(iv) at the election of the member or members of the appropriate community board (if any) situated within or partly within the Maori ward; but
(b) not entitled to vote at the election of the member or members who will represent any other ward of the territorial authority.
(2) No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Maori ward of that territorial authority.
Compare: 2001 No 1 (L) s 11
Sections 24A to 24F were inserted, as from 25 December 2002, by section 7 Local Electoral Amendment Act 2002 (2002 No 85).
(1) A person who, under section 24A, is an elector of a Maori ward of a territorial authority is, at any election to fill an extraordinary vacancy in the office of a member who represents that Maori ward, entitled to vote at that election.
(2) No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Maori ward of that territorial authority.
Compare: 2001 No 1 (L) s 12
Sections 24A to 24F were inserted, as from 25 December 2002, by section 7 Local Electoral Amendment Act 2002 (2002 No 85).
(1) In the case of a triennial general election, every residential elector of a region who, on the day before polling day for the election,—
(a) is registered as an elector at an address within a Maori constituency; and
(b) is registered as an elector of a Maori electoral district,—is, at that triennial general election, an elector of that Maori constituency.
(2) In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a region—
(a) whose entitlement as an elector arises in respect of property in a Maori constituency; and
(b) who is registered as an elector of a Maori electoral district,—is, at that triennial general election, an elector of that Maori constituency.
(3) In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every residential elector of a region who, on the day before polling day for the election,—
(a) is registered as a parliamentary elector at an address within a Maori constituency; and
(b) is registered as an elector of a Maori electoral district,—is, at that election, an elector of that Maori constituency.
(4) In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every person who, on the day before polling day for the election, is a ratepayer elector of the region—
(a) whose entitlement as an elector arises in respect of property in a Maori constituency; and
(b) who is registered as an elector of a Maori electoral district,—is, at that election, an elector of that Maori constituency.
Compare: 2001 No 1 (L) s 10(1)(a), (2)(a)
Sections 24A to 24F were inserted, as from 25 December 2002, by section 7 Local Electoral Amendment Act 2002 (2002 No 85).
(1) A person who, under section 24D, is an elector of a Maori constituency of a regional council is, at a triennial general election,—
(a) entitled to vote at the election of the member or members who will represent that constituency; but
(b) not entitled to vote at the election of the member or members who will represent any other constituency of the regional council.
(2) No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Maori constituency of that regional council.
Compare: 2001 No 1 (L) s 11
Sections 24A to 24F were inserted, as from 25 December 2002, by section 7 Local Electoral Amendment Act 2002 (2002 No 85).
(1) A person who, under section 24D, is an elector of a Maori constituency of a regional council is, at any election to fill an extraordinary vacancy in the office of a member who represents that Maori constituency, entitled to vote at that election.
(2) No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Maori constituency of that regional council.
Compare: 2001 No 1 (L) s 12.
Sections 24A to 24F were inserted, as from 25 December 2002, by section 7 Local Electoral Amendment Act 2002 (2002 No 85).
(1) Every parliamentary elector is qualified to be a candidate at every election to be held under this Act if that person is a New Zealand citizen.
(2) This section is subject to section 58.
Subsection (1) was substituted, as from 25 December 2002, by section 8 Local Electoral Amendment Act 2002 (2002 No 85).
Two or more electors of a local government area or, in the case of an election in any subdivision, 2 or more electors of that subdivision, are qualified to nominate, in the manner provided in section 55, 1 or more qualified persons as candidates at the election in that area or subdivision.
Compare: 1976 No 144 s 12(1)
(1) Any local authority may, not later than 12 September in the year that is 2 years before the year in which the next triennial general election is to be held, resolve that the next 2 triennial general elections of the local authority and its community boards (if any), and any associated election, will be held using a specified electoral system other than that used for the previous triennial general election.
(2) A resolution under this section—
(a) takes effect, subject to paragraph (b), for the next 2 triennial general elections of the local authority and its community boards (if any), and any associated election; and
(b) continues in effect until either—
(i) a further resolution under this section takes effect; or
(ii) a poll of electors of the local authority held under section 33 takes effect.
(3) This section is subject to section 32.
(4) In this section, and in sections 28 to 34, associated election, in relation to any 2 successive triennial general elections of a local authority (and its community boards (if any)), means—
(a) any election to fill an extraordinary vacancy in the membership of the body concerned that is held—
(i) between those elections; or
(ii) after the second of those elections but before the subsequent triennial general election:
(b) an election of the members of the body concerned called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002 that is held—
(i) between those elections; or
(ii) after the second of those elections but before the subsequent triennial general election.
Subsection (1) was amended, as from 25 December 2002, by section 9(1) Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words “the next 2 triennial general elections of the local authority and its community boards (if any), and any associated election,”
for the words “that triennial general election”
.
Subsection (2)(a) was substituted, as from 25 December 2002, by section 9(2) Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (2)(b)(ii) was amended, as from 25 December 2002, by section 9(3) Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words “held under section 33 takes effect”
for the words “is held under section 33”
.
Subsection (4) was inserted, as from 25 December 2002, by section 9(4) Local Electoral Amendment Act 2002 (2002 No 85).
(1) Every local authority must, not later than 19 September in the year that is 2 years before the year in which the next triennial general election is to be held, give public notice of the right to demand, under section 29, a poll on the electoral system to be used for the elections of the local authority and its community boards (if any).
(2) If the local authority has passed a resolution under section 27 that takes effect at the next triennial election, every notice under subsection (1) must include—
(a) notice of that resolution; and
(b) a statement that a poll is required to countermand that resolution.
(2A) Despite subsections (1) and (2), if, on or before the date referred to in subsection (1), the local authority has passed a resolution under section 31 and has specified a date for the holding of the poll that is on or before 21 May in the year before the next triennial general election, subsection (1) does not apply.
(3) This section is subject to section 32.
Subsection (1) was amended, as from 25 December 2002, by section 10(1) Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words “elections of the local authority and its community boards (if any)”
for the words “next 2 triennial general elections of the local authority and its community boards (if any)”
.
Subsection (2) was amended, as from 25 December 2002, by section 10(2) Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words “that takes effect at”
for the words “in respect of”
.
Subsection (2A) was inserted, as from 25 December 2002, by section 10(3) Local Electoral Amendment Act 2002 (2002 No 85).
(1) A specified number of electors of a local authority may, at any time, demand that a poll be held on a proposal by those electors that a specified electoral system be used at the elections of the local authority and its community boards (if any).
(2) This section is subject to section 32.
(3) In this section and sections 30 and 31,—
demand means a demand referred to in subsection (1)
specified number of electors, in relation to a local authority, means a number of electors equal to or greater than 5% of the number of electors enrolled as eligible to vote at the previous general election of the local authority.
Subsection (1) was amended, as from 25 December 2002, by section 11 Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words “, at any time, demand that a poll be held on a proposal by those electors that a specified electoral system be used at the elections of the local authority and its community boards (if any)”
for the words “demand that a poll be held on a proposal by those electors that a specified electoral system be used at the next 2 triennial elections of the local authority and its community boards (if any)”
. See section 54 of that Act as to the transitional provision relating to polls on electoral systems.
(1) A demand must be made by notice in writing—
(a) signed by a specified number of electors; and
(b) delivered to the principal office of the local authority.
(2) An elector may sign a demand and be treated as 1 of the specified number of electors only if—
(a) the name of that elector appears,—
(i) in the case of a territorial authority, on the electoral roll of the territorial authority; and
(ii) in the case of any other local authority, on the electoral roll of any territorial authority or other local authority as the name of a person eligible to vote in an election of that local authority; or
(b) in a case where the name of an elector does not appear on a roll in accordance with paragraph (a),—
(i) the name of the elector is included on the most recently published electoral roll for any electoral district under the Electoral Act 1993 or is currently the subject of a direction by the Chief Registrar under section 115 of that Act (which relates to unpublished names); and
(ii) the address for which the elector is registered as a parliamentary elector is within the local government area of the local authority; or
(c) the address given by the elector who signed the demand is—
(i) confirmed by a Registrar of Electors as the address at which the elector is registered as a parliamentary elector; and
(ii) within the district of the local authority; or
(d) the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the local authority.
(3) Every elector who signs a demand must state, against his or her signature,—
(a) the elector's name; and
(b) the address for which the person is qualified as an elector of the local authority.
(3A) If a valid demand is received after 28 February in the year before the next triennial general election, the poll required by the demand—
(a) must be held after 21 May in that year; and
(b) has effect in accordance with section 34(2) (which provides that the poll has effect for the purposes of the next but one triennial general election of the local authority and the subsequent triennial general election).
(4) The chief executive of the local authority must, as soon as is practicable, give notice to the electoral officer of every valid demand for a poll made in accordance with section 29 and this section.
(5) This section is subject to section 32.
Subsection (1)(b) was substituted, as from 25 December 2002, by section 12(1) Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (3A) was inserted, as from 25 December 2002, by section 12(2) Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (4) was amended, as from 25 December 2002, by section 12(3) Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words “chief executive”
for the words “principal administrative officer”
.
(1) A local authority may, no later than 28 February in the year immediately before the year in which the next triennial general election is to be held, resolve that a poll be held on a proposal that a specified electoral system be used for the elections of the local authority and its community boards (if any).
(2) A resolution may, but need not, specify a date on which the poll is to be held.
(2A) The date specified for the holding of a poll must not be a date that would require deferral of the poll under section 138A.
(3) The chief executive of the local authority must give notice to the electoral officer of any resolution under subsection (1),—
(a) if no date for the holding of the poll is specified in the resolution, as soon as is practicable:
(b) if a date for the holding of the poll is specified in the resolution, at an appropriate time that enables the poll to be conducted in accordance with section 33(3).
(4) This section is subject to section 32.
Subsections (1) and (2) were substituted, as from 25 December 2002, by section 13(1) Local Electoral Amendment Act 2002 (2002 No 85). See section 54 of that Act as to the transitional provision relating to polls on electoral systems.
Subsection (2A) was inserted, as from 25 December 2002, by section 13(1) Local Electoral Amendment Act 2002 (2002 No 85). See section 54 of that Act as to the transitional provision relating to polls on electoral systems.
Subsection (3) was substituted, as from 25 December 2002, by section 13(2) Local Electoral Amendment Act 2002 (2002 No 85). See section 54 of that Act as to the transitional provision relating to polls on electoral systems. Section 262Local Government Act 2002 also proposed to substitute the words “chief executive”
for the words “principal administrative officer”
.
Sections 27 to 31 do not apply if—
(a) a poll on the proposal described in section 29 or section 31 held under section 33 took effect at the previous triennial general election of the local authority or takes effect at the next triennial general election of the local authority:
(b) another enactment requires a particular electoral system to be used for the election of members of a local authority.
Paragraph (a) was substituted, as from 25 December 2002, by section 14 Local Electoral Amendment Act 2002 (2002 No 85).
(1) If the electoral officer for a local authority receives notice under section 30(4) or section 31(3), the electoral officer must, as soon as is practicable after receiving that notice, give public notice of the poll under section 52.
(2) Despite subsection (1), if an electoral officer for a local authority receives 1 or more notices under both sections 30(4) and 31(3), or more than 1 notice under either section, in any period between 2 triennial general elections, the polls required to be taken under each notice may, to the extent that the result of those polls would take effect at the same election, and if it is practicable to combine those polls, be combined.
(3) A poll held under this section must be held not later than 82 days after the date on which—
(a) the notice referred to in subsection (1) is received; or
(b) the last notice referred to in subsection (2) is received.
(3B) Voters at a poll held under this section decide the proposal or proposals that are the subject of the poll by voting for one of the electoral systems named in the voting document or, as the case may require, expressing a preference in respect of each of the electoral systems named in the voting document.
(4) Every poll under this section that is held in conjunction with a triennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held determines whether the electoral system to be used for the next 2 triennial general elections of the local authority and its community boards (if any) and any associated election is to be—
(a) the electoral system used at the previous general election of the local authority; or
(b) the electoral system specified in any resolution under section 27; or
(c) the electoral system specified in any demand submitted within the appropriate period of which the electoral officer has received notice under section 30(4) and, if notice of more than 1 such demand is received, one of the systems specified in those demands and, if so, which one; or
(d) the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3).
(5) Every poll under this section that is held at some other time determines whether the electoral system to be used at the next but one triennial general election of the local authority and its community boards (if any) and any associated election is to be—
(a) the electoral system used at the previous general election of the local authority; or
(b) the electoral system specified in any resolution under section 27; or
(c) the electoral system specified in any demand submitted within the appropriate period of which the electoral officer has received notice under section 30(4) and, if notice of more than 1 such demand is received, 1 of the systems specified in those demands and, if so, which one; or
(d) the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3).
Subsection (2) was substituted, as from 25 December 2002, by section 15(1) Local Electoral Amendment Act 2002 (2002 No 85). See section 54 of that Act as to the transitional provision relating to polls on electoral systems.
Subsections (3A) and (3B) were inserted, as from 25 December 2002, by section 15(2) Local Electoral Amendment Act 2002 (2002 No 85). See section 54 of that Act as to the transitional provision relating to polls on electoral systems.
Subsection (4) was substituted, as from 25 December 2002, by section 15(3) Local Electoral Amendment Act 2002 (2002 No 85). See section 54 of that Act as to the transitional provision relating to polls on electoral systems.
Subsection (5) was inserted, as from 25 December 2002, by section 15(3) Local Electoral Amendment Act 2002 (2002 No 85). See section 54 of that Act as to the transitional provision relating to polls on electoral systems.
(1) If a poll is held under section 33 in conjunction with a triennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held, the electoral system adopted or confirmed must be used—
(a) for the next 2 triennial general elections:
(b) for any associated election:
(c) for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 27 takes effect or a further poll held under section 33 takes effect, whichever occurs first.
(2) If a poll is held under section 33 at some other time, the electoral system adopted or confirmed must be used—
(a) for the next but one triennial general election and the following triennial general election:
(b) for any associated election:
(c) for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 27 takes effect or a further poll held under section 33 takes effect, whichever occurs first.
Section 34 was substituted, as from 25 December 2002, by section 16 Local Electoral Amendment Act 2002 (2002 No 85).
(1) Every poll conducted for a local authority must be conducted using an electoral system adopted by resolution of the local authority—
(a) for the purposes of the particular poll; or
(b) for the purposes of 2 or more polls that are to be conducted at the same time.
(2) If a poll is to be conducted for a local authority and there is no applicable resolution, that poll must be conducted using the electoral system commonly known as First Past the Post.
(1) Every election or poll conducted for a local authority must be conducted using 1 or more methods of voting adopted by resolution of the local authority—
(a) for the purposes of a particular election or poll; or
(b) for the purposes of more than 1 election or more than 1 poll, or both, that are to be conducted at the same time.
(2) If an election or poll is to be conducted and there is no applicable resolution under subsection (1), that election or poll must be conducted by postal voting.
(3) Despite subsections (1) and (2),—
(a) if any election or poll is to be conducted in conjunction with the election of 1 or more territorial authorities in the same local government area, the voting method to be used for that election or poll within the district of each territorial authority is the voting method or methods to be used for the election of that territorial authority:
(b) if 2 or more elections or 2 or more polls are to be conducted within the district of a territorial authority separately from any election of that territorial authority, and, as a consequence of the operation of subsection (1) or subsection (2), those elections and polls are required to be conducted using different voting methods,—
(i) the local authorities concerned must determine which of those voting methods must be used to conduct the elections and polls; and
(ii) if no agreement is reached under subparagraph (i), those elections and polls must be conducted by postal voting.
(1) Before passing any resolution under section 36(1) that will apply to elections or polls conducted for any other local authority, the local authority concerned must consult that local authority.
(1) In every year in which a triennial general election is to be held, the electoral officer for every territorial authority must compile a roll of electors of the district of that territorial authority to be known as the electoral roll.
(2) If—
(a) an election to fill an extraordinary vacancy; or
(b) a poll of electors—
is to be held within a district at any time other than in conjunction with a triennial general election, the electoral officer for the territorial authority for the district or, as the case may require, the electoral officer of the local authority for whom the election or poll is to be held or taken must compile a roll of electors entitled to vote in that election or poll.
(3) Every electoral roll must—
(a) include the name of every residential elector and ratepayer elector of the district of the territorial authority or, as the case may require, the local authority for whom the election or poll is to be held or taken who, as at the prescribed date, is entitled, under this Act and regulations made under this Act, to be included in the roll; and
(b) include any other prescribed details; and
(c) comply with any other prescribed requirements.
(4) For the purposes of determining the names and other details of residential electors to be included in the electoral roll, the electoral officer must obtain from the Chief Registrar of Electors under section 113 of the Electoral Act 1993 a computer-compiled list containing the specified information (as contained in that section) in respect of electors appearing to reside within the local government area of the local authority.
(1) The electoral officer—
(a) must ensure that public notice of the qualifications and procedures for enrolment or nomination as a ratepayer elector, is given during the month of May in each year in which a triennial general election is held; and
(b) must ensure that notice of the qualifications and procedures for enrolment or nomination as a ratepayer elector is delivered with the rates assessment or at least 1 rates invoice delivered by the territorial authority before September in each year in which a triennial general election is held; and
(c) may give any additional public notice and any specific notice of the qualifications and procedures for enrolment or nomination as a ratepayer elector that the electoral officer considers desirable.
(2) Any public notice given under subsection (1) may be given jointly by the electoral officers of 2 or more territorial authorities and, in determining whether that public notice is to be given jointly, each electoral officer must have regard to the effectiveness and cost of the public notice.
Compare: 1976 No 144 s 7BEB
Subsection (1)(b) was amended, as from 7 July 2004, by section 9 Local Electoral Amendment Act 2004 (2004 No 62) by substituting the words “the rates assessment or at least 1 rates invoice delivered by the territorial”
for the words “at least 1 rates assessment delivered by the local”
.
The name of any person must not appear more than once in the same electoral roll.
(1) If the electoral officer wishes to find out whether any person is qualified as a ratepayer elector under section 24 and is registered as a parliamentary elector in respect of an address outside the region, district, or community, the Chief Registrar of Electors, on the request of the electoral officer, must inform the electoral officer whether that person is registered as a parliamentary elector in respect of that address.
(2) The electoral officer may request the Chief Registrar of Electors to inform the electoral officer if any person who is qualified as a ratepayer of a region, district, or community is registered as a parliamentary elector of a Maori electoral district.
(3) If the Chief Registrar of Electors receives a request under subsection (2), the Chief Registrar must provide the information requested by the electoral officer, if the electoral officer has provided adequate identifying information.
Compare: 1976 No 144 s 7BF
Subsections (2) and (3) were inserted, as from 25 December 2002, by section 17 Local Electoral Amendment Act 2002 (2002 No 85).
(1) A copy of an electoral roll must,—
(a) if the roll is compiled by an electoral officer of a territorial authority, be kept at the principal office of the territorial authority and at every other place within the district that the electoral officer and the occupier of that place agree is a place at which a copy of the roll may be kept:
(b) if the roll is compiled by an electoral officer of a local authority that is not a territorial authority, be kept at the principal office of the local authority and at every other place within the local government area that the electoral officer and the occupier of that place agree is a place at which a copy of the roll may be kept.
(2) The electoral officer must give public notice of the place or places where the roll is kept.
(3) The electoral officer must ensure that the copy of the roll kept at the principal office of the territorial authority or, as the case may require, the local authority, is open for public inspection at all reasonable hours during a period of not less than 28 days before the closing of the roll in the year in which the roll is compiled.
(4) The copy or copies of the roll kept at any other place must be open for public inspection whenever the place is open to members of the public.
Compare: 1976 No 144 s 7D
(1) The electoral officer must, at the request of any person, make the electoral roll available for public inspection, under the supervision of any person nominated by the electoral officer, at any meeting or hui.
(2) A request made under subsection (1) need not be granted unless the electoral officer is satisfied that a large number of persons are likely to attend the meeting or hui in respect of which the request is made.
(3) If a roll is made available for public inspection under subsection (1), the roll must be made available at such times and places as the electoral officer thinks fit.
Compare: 1993 No 87 s 111
(1) Subsection (2) applies to any person who claims to be qualified as a parliamentary elector in respect of an address within the district of a territorial authority but whose name—
(a) does not appear on the electoral roll because it does not appear on the appropriate parliamentary roll; or
(b) is incorrectly recorded on the electoral roll; or
(c) is recorded on the electoral roll with an incorrect address or occupation.
(2) Any person to whom this subsection applies may make application for registration or correction of registration as a parliamentary elector in the form prescribed by the Electoral Act 1993 or by regulations made under that Act.
Compare: 1976 No 144 s 7E
The electoral officer must, as soon as practicable after the closing of the electoral roll, obtain from the Chief Registrar of Electors under section 113 of the Electoral Act 1993 a further computer-compiled list, and must complete the compilation of the electoral roll,—
(a) in the case of residential electors, by using that list; or
(b) in the case of ratepayer electors, from the applications received until the closing of the electoral roll.
Compare: 1976 No 144 s 7F
(1) The electoral officer may at any time remove from the electoral roll the name of any person entered on that roll as a ratepayer elector if, to the knowledge of the electoral officer, that person is no longer qualified in respect of the property for which that person was enrolled.
(2) If the name of any person entered on an electoral roll as a ratepayer elector is removed from that roll for any reason other than the death of that person, the electoral officer must immediately give to that person, by notice in writing addressed to that person at that person's last known address, notice of the removal of that person's name.
Compare: 1976 No 144 s 7FA
(1) The electoral officer may, on the application of any person who is or claims to be entitled to be enrolled or any other person or otherwise, make any necessary corrections to any names, addresses, occupations, abbreviations, marks, or other details, appearing in the electoral roll.
(2) Despite subsection (1), the electoral officer must not amend any information received under section 113 of the Electoral Act 1993 unless the electoral officer is satisfied that the elector is dead, in which case the electoral officer must remove the name of the elector from the electoral roll.
(3) If the electoral officer receives advice from the Chief Registrar of Electors that a person whose name is included on the electoral roll as a ratepayer elector is eligible to be included on the roll as a residential elector, the electoral officer must amend the roll accordingly.
Compare: 1976 No 144 s 7G
(1) Any person may, not later than the day on which the electoral roll closes, object to the electoral roll on either of the following grounds:
(a) that any person entered on the roll as a ratepayer elector does not possess the necessary qualification for entry on the roll at the time when the objection is lodged; or
(b) that the person making the objection is not on the roll and possesses the necessary qualification to be entered on the roll as a ratepayer elector at the time when the objection is lodged.
(2) Every objection must be lodged in writing with the electoral officer and, in the case of an objection under subsection (1)(b), must, if an application for enrolment is required by regulations made under this Act, include a completed application for enrolment.
(3) The electoral officer must—
(a) inquire into and determine whether or not the objection should be allowed; and
(b) give the objector written notice of the decision.
Compare: 1976 No 144 s 7GA
(1) Any person aggrieved by any decision of the electoral officer under section 48 may appeal to a District Court Judge against the decision.
(2) The appeal may be brought by the appellant lodging a notice of appeal in the office of the District Court that is closest to the principal office of the local authority that appointed the electoral officer.
(3) The notice of appeal must be lodged within 7 days after the date on which the appellant receives, under section 48(3)(b), written notice of the decision to which the appeal relates.
(4) Either before or immediately after lodging the notice of appeal, the appellant must serve a copy of the notice of appeal on the electoral officer.
(5) The District Court must fix a time and place for the hearing of the appeal.
(6) The appeal must be heard as soon as practicable and the Registrar of the court must notify the appellant and the electoral officer of the time and place of hearing.
(7) A District Court Judge must hear and determine the objection and may order—
(a) the addition to the roll of the name of any person who possesses the necessary qualifications; and
(b) the removal of the name of any person who does not.
Compare: 1976 No 144 s 7GB
(1) An electoral roll closes at the time prescribed in respect of the election or poll to which the roll relates, and remains closed until the election is held or the poll is taken.
(2) No alteration or addition may be made in or to any electoral roll while it is closed, except—
(a) in cases where an appeal was pending under section 49 when the roll was closed; or
(b) for the purpose of complying with a claim for enrolment or of an application for the alteration of an entry in the electoral roll, delivered to the electoral officer before the closing of the roll; or
(c) if the electoral officer is satisfied that an elector is dead.
Compare: 1976 No 144 s 7H(3)
(1) The electoral officer must ensure that the electoral roll is completed and must, before the time prescribed for the certification of the electoral roll, certify that the roll has been compiled.
(2) The electoral roll comes into force on the prescribed day in respect of the election or poll for which it was compiled and remains in force until another electoral roll comes into force.
(3) Any copy of the electoral roll certified by the electoral officer to be a correct copy of the electoral roll, or of any roll compiled under this Act is, in the absence of evidence to the contrary, sufficient evidence that the roll has been properly compiled.
(4) The fact that a copy of any electoral roll has been certified to be a correct copy by any person purporting to be authorised to do so is, in the absence of evidence to the contrary, sufficient evidence that the person is so authorised.
Compare: 1976 No 144 ss 7H, 7I
(1) An electoral officer responsible for the conduct of an election or poll must give public notice of that election or poll—
(a) stating the date of the election or poll; and
(b) identifying the local government area in respect of which the election or poll is to be held; and
(c) identifying the electoral officer or electoral officers who will be responsible for conducting the election or poll; and
(d) stating the electoral system to be used for the election or poll; and
(e) stating the voting method or voting methods to be used for the election or poll; and
(f) advising electors of—
(i) the day and time when the electoral roll closes; and
(ii) when and how the electoral roll may be inspected; and
(iii) when and how persons may enrol or amend enrolment details; and
(g) [Repealed]
(h) containing any other information that is required or allowed to be included in the notice by regulations made under this Act.
(2) Notice under subsection (1) must be given not later than 28 days before the earlier of—
(a) the closing of the electoral roll; or
(b) the day and time by which nominations must be received.
(3) If an electoral officer is required to give public notice of more than 1 election or more than 1 poll, or both, the notices required to be given under this section may be combined.
(4) An electoral officer who gives public notice under this section must send a copy of that notice to any other electoral officer involved in the conduct of the election or poll.
Subsection (1)(g) was repealed, as from 25 December 2002, by section 18 Local Electoral Amendment Act 2002 (2002 No 85).
In the case of an election, a notice under section 52 must also state—
(a) the day and time by which nominations must be received; and
(b) the rights of a candidate to submit a candidate profile statement and the manner in which it may be submitted; and
(c) the manner in which nominations must be made; and
(d) the amount of any deposit required to be paid in respect of nominations and the manner in which that deposit must be paid; and
(e) the number of vacancies to be filled.
In the case of a poll, a notice under section 52 must also—
(a) state the proposal or subject matter of the poll; and
(b) in the case of a binding poll, state the consequences of each possible result of the poll; and
(c) in the case of a non-binding poll, state the intentions (if any) of the local authority or other body on whose behalf the poll is conducted in respect of each possible result of the poll.
(1) Any 2 electors who are qualified to nominate a candidate may nominate a person who is qualified to be a candidate as a candidate at an election—
(a) in the prescribed manner; and
(b) before 12 noon on nomination day (the close of nominations).
(2) An electoral officer must not accept the nomination of a candidate unless—
(a) the person nominated, by notice in writing, consents to nomination and certifies that he or she is qualified to be a candidate under section 25 and is not disqualified under section 58; and
(b) the person nominated is qualified to be a candidate; and
(ba) each of the persons who nominated the candidate are persons other than the candidate; and
(c) the persons who nominated the candidate are qualified to nominate the candidate; and
(e) the electoral officer—
(i) receives the deposit prescribed for the applicable class of elections; and
(ii) receives that deposit before 12 noon on nomination day.
(3) The consent and certification required by subsection (2)(a)—
(a) need not be given at the time when the nomination paper is lodged but, if given separately from the nomination paper, must be given before the close of nominations; and
(b) may be given in a manner other than in writing that is approved by the electoral officer, if the person concerned is outside New Zealand.
(4) A nomination under subsection (1) must state—
(a) the name under which the candidate is seeking election:
(b) any organisation or group with which the candidate claims to be affiliated for the purposes of identifying that affiliation in the voting documents at the election:
(c) whether or not a candidate who does not claim any affiliation referred to in paragraph (b) wishes to be identified in the voting documents at the election as an independent candidate.
(5) Any person may inspect any nomination or consent without payment of any fee at any time during ordinary office hours at the office of the electoral officer.
Subsection (2)(ba) was inserted, as from 25 December 2002, by section 19(1) Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (2)(e) was substituted, as from 25 December 2002, by section 19(2) Local Electoral Amendment Act 2002 (2002 No 85).
An electoral officer must not accept the nomination of a candidate if the electoral officer is not satisfied, by the evidence (if any) that the electoral officer requires, that the name under which the candidate is nominated is—
(a) the name under which the candidate's birth was registered; or
(b) the name which the candidate adopted by deed poll or by statutory declaration under Part 3 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, at least 6 months before nomination day; or
(c) the name by which the candidate was commonly known during the 6 months before nomination day, not being a name that—
(i) might cause offence to a reasonable person; or
(ii) is unreasonably long; or
(iii) is, or includes or resembles, an official title or rank; or
(iv) is likely to cause confusion or to mislead electors.
Section 56(b): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Paragraph (c)(iii) was substituted, as from 25 December 2002, by section 20 Local Electoral Amendment Act 2002 (2002 No 85).
(1) If an electoral officer is in any doubt about a candidate's eligibility to claim an affiliation, the electoral officer may require the candidate to produce evidence sufficient to satisfy the electoral officer of the candidate's eligibility to claim that affiliation.
(2) If an electoral officer considers that the candidate is not eligible to claim an affiliation or that the affiliation claimed might cause offence to a reasonable person or is likely to cause confusion to or mislead electors,—
(a) the electoral officer must, after consultation with the candidate, allow the affiliation that the electoral officer and the candidate agree on to appear on voting documents in place of the affiliation specified in the notice of nomination; or
(b) if the consultation referred to in paragraph (a) does not result in agreement or is not reasonably practicable to undertake, the electoral officer must not allow any affiliation in respect of that candidate to appear on voting documents.
(3) In this section, an affiliation is an endorsement by any organisation or group (whether incorporated or unincorporated).
No person may, at the same time, be a candidate for election for more than 1 ward or constituency of the same local authority or for more than 1 subdivision of a community.
Sections 57A and 57B were inserted, as from 25 December 2002, by section 21 Local Electoral Amendment Act 2002 (2002 No 85).
(1) No person may, at the same time, be a candidate for election in a ward and a candidate for election by the electors of the district as a whole as a member of the territorial authority of which that ward forms part.
(2) Subsection (1) does not apply to a person who is a candidate for election—
(a) as a member in a ward; and
(b) as mayor of the territorial authority of which that ward forms part.
Sections 57A and 57B were inserted, as from 25 December 2002, by section 21 Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (2) was inserted, as from 7 July 2004, by section 10 Local Electoral Amendment Act 2004 (2004 No 62).
(1) In this section,—
constituent authority, in relation to any region, means—
(a) a territorial authority having jurisdiction over a constituent district; or
(b) a community board for a community that is wholly or partly within the region
member, in relation to a constituent authority, includes a Mayor.
(2) No person may, at the same time, be both a candidate for election to a regional council for a region and a candidate for election to a constituent authority of that region.
(3) No member of a constituent authority of a region may be a candidate for election to the regional council for the region.
(4) No member of a regional council for a region may be a candidate for election to a constituent authority of that region.
(5) Subsections (3) and (4) do not apply if a general election of members of the regional council of a region is to be held concurrently with a general election of members of a constituent authority of that region.
Compare: 1974 No 66 s 101GA
(1) No member of a territorial authority may be a candidate for election as a member of a community board that is constituted in respect of part of the district of the territorial authority.
(2) Subsection (1) does not apply if a general election of members of the territorial authority is to be held at the same time as a general election of members of the community board.
Section 58A was inserted, as from 25 December 2002, by section 22 Local Electoral Amendment Act 2002 (2002 No 85).
(1) If the total number of votes received by any candidate is less than the minimum number of votes prescribed for the purposes of this section in relation to the electoral system used at the election, the deposit is forfeited and paid into the general fund of the local authority.
(2) The deposit must be returned to the person who paid it or, as the case may require, to his or her personal representatives if—
(a) subsection (1) does not apply to the candidate or the candidate—
(i) withdraws or retires; or
(ii) is elected without an election; or
(iii) dies before the close of voting; or
(iv) becomes incapable under this or any other Act of holding the office for which he or she was a candidate before the close of voting; and
(b) the candidate (other than a candidate who dies before the close of voting) complies with section 109 (which requires candidates to file a return of election expenses).
Compare: 1976 No 144 s 15
Subsection (2) was substituted, as from 25 December 2002, by section 23 Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (3) was inserted, as from 25 December 2002, by section 23 Local Electoral Amendment Act 2002 (2002 No 85).
(1) Any candidate at an election may, before the close of nominations, withdraw his or her nomination by written notice given to the electoral officer.
(2) If the electoral officer receives notice under subsection (1), the nomination must be treated in all respects as if it had not been made.
(3) If the electoral officer receives advice before the close of nominations that a candidate has died, that candidate's nomination must be treated in all respects as if it had not been made.
(4) If the electoral officer receives advice before the close of nominations that a candidate is, or has become, incapable under any Act of holding the office for which he or she is a candidate, that candidate's nomination must be treated in all respects as if it had not been made.
Compare: 1976 No 144 ss 16, 17(1)
(1) Every candidate may provide to the electoral officer a candidate profile statement that complies with subsection (2) and, if applicable, subsection (3).
(2) A candidate profile statement,—
(a) if—
(i) in English or Maori or both, must not exceed 150 words in each of the languages used in the statement:
(ii) in a language other than English or Maori, must not exceed 150 words, or the equivalent, if the language uses symbols rather than words (including any translation of those words into another language provided by the candidate); and
(b) must be provided to the electoral officer before 12 noon on nomination day; and
(c) must be confined to information concerning the candidate (including any group or organisation with which the candidate claims under section 55(4) to be affiliated, or his or her status as an independent candidate, and the candidate's contact details), and the candidate's policies and intentions if elected to office; and
(d) must comply with any prescribed requirements; and
(e) may include a recent photograph of the candidate alone.
(3) If a candidate profile statement is submitted in Maori and English, the information contained in each language must be substantially consistent with the information contained in the other language.
(4) If the electoral officer is not satisfied that a candidate profile statement complies with subsection (2) or, if applicable, subsection (3), the electoral officer must, as soon as practicable, return the statement to the candidate and must—
(a) specify the concerns of the electoral officer and the reasons for those concerns; and
(b) unless the candidate profile statement does not comply with subsection (2)(b), specify a period, which must not be less than 3 days from the date of return of the statement, during which the candidate may submit an amended candidate profile statement to the electoral officer.
(5) A candidate is to be treated as having failed to provide a candidate profile statement, if subsection (4)(b) applies to the candidate and the candidate—
(a) fails to submit an amended candidate profile statement within the period specified in subsection (4)(b); or
(6) An electoral officer—
(a) is not required to verify or investigate any information included in a candidate profile statement:
(b) may include, in or with any candidate profile statement that is published, displayed, or distributed, any disclaimer concerning the accuracy of the information contained in the statement that the electoral officer considers appropriate:
(c) is not liable in respect of—
(i) any statement contained in or omitted from the candidate profile statement or the work of a translator prudently selected by the electoral officer; or
(ii) the exercise of the powers and functions conferred on the electoral officer by this section.
Subsection (2)(b) was substituted, as from 25 December 2002, by section 24(1) Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (2)(c) was amended, as from 25 December 2002, by section 24(2) Local Electoral Amendment Act 2002 (2002 No 85) by inserting the words “, and the candidate's contact details”
after the words “independent candidate”
.
Subsection (4)(b) was amended, as from 25 December 2002, by section 24(3) Local Electoral Amendment Act 2002 (2002 No 85) by inserting the words “unless the candidate profile statement does not comply with subsection (2)(b),”
before the words “specify a period”
.
Subsection (5) was amended, as from 25 December 2002, by section 24(4) Local Electoral Amendment Act 2002 (2002 No 85) by substituting the expression “subsection (4)(b)”
for the expression “subsection (4)”
.
(1) An electoral officer who receives a candidate profile statement in accordance with section 61 must ensure that all prescribed requirements concerning the publication, display, or distribution of candidate profile statements to electors at the election are complied with.
(2) Any failure by an electoral officer to comply with this section does not invalidate an election.
(1) If, at the close of nominations for an election, the number of candidates does not exceed the number of vacancies to be filled, the electoral officer must, as soon as practicable after the close of nominations, declare all nominated candidates to be elected.
(2) A declaration under subsection (1) must be given by public notice in the prescribed manner.
Compare: 1976 No 144 s 18(1)
If, at the close of nominations for an election, the number of candidates is less than the number of vacancies to be filled, a vacancy remaining unfilled—
(a) is an extraordinary vacancy; and
(b) is to be treated as occurring on polling day, even though on polling day any other member or members continue in office under section 116.
(1) As soon as practicable after the close of nominations or the closing of the electoral roll, whichever is the later, the electoral officer must give further public notice of the election or poll, and of every other election and poll that will be conducted in conjunction with the election or poll.
(2) Every notice under subsection (1) must—
(a) state the date of the election or poll; and
(b) state the day and time at which the voting period begins and ends; and
(c) state the electoral system to be used for the election or poll; and
(d) state the voting method or voting methods to be used for the election or poll; and
(da) state whether a resolution has been made under section 79 that voting documents are to be processed during the voting period; and.
(e) contain any other information that is required or allowed to be included in the notice by regulations made under this Act.
(3) In the case of an election, a notice under subsection (1) must also state the number of vacancies to be filled and the names and affiliations, if any, of the candidates.
(4) A notice under subsection (1) may also contain any other information relating to the conduct of the election or poll that the electoral officer considers desirable to encourage participation by electors in the election or poll.
Compare: 1976 No 144 s 20(1)
Subsection (2)(da) was inserted, as from 25 December 2002, by section 25 Local Electoral Amendment Act 2002 (2002 No 85).
A candidate may, by notice in writing, appoint 1 or more scrutineers for the purposes of an election.
Any 10 or more electors who are in favour of or opposed to any 1 proposal at a poll may, by notice in writing, appoint 1 or more scrutineers for the purposes of the poll.
(1) An appointment under section 66 or section 67 is not valid unless a copy of the notice of appointment is delivered by the candidate, or the 10 electors, as the case may be, to the electoral officer not less than 24 hours before the close of voting at the election or poll.
(2) A person appointed as a scrutineer must not act in that capacity until he or she has made a declaration containing the prescribed details.
(3) A person must not be appointed as a scrutineer if he or she is—
(a) a candidate, in the case of an election; or
(b) a member or employee of any local authority or community board for whom an election or poll is being conducted; or
(c) under the age of 18 years.
(4) Not more than 1 scrutineer for any candidate or for or against any 1 proposal may be present at the same place, for the purposes of performing his or her duties as a scrutineer, at the same time.
(5) Subject to subsection (4), any scrutineer—
(a) may be present when—
(i) any step referred to in section 80 is being completed after the close of voting; or
(ii) a scrutiny to which section 83 applies is being conducted; or
(iii) votes are being counted under section 84; and
(b) may, while votes are being counted under section 84, inspect any voting documents (whether formal or informal) that are the subject of the count.
(6) An electoral officer may, at the request of a scrutineer or candidate made before the close of voting at an election, or at the request of a scrutineer made before the close of voting at a poll, supply to that scrutineer or candidate the names of persons from whom voting documents have been received, either at no cost or for a reasonable price, and in a format that the electoral officer considers appropriate.
Compare: 1976 No 144 s 27(1)-(3)
Subsection (1) was amended, as from 25 December 2002, by section 26(1) Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words “24 hours before the close of voting at the election or poll”
for the words “7 days before the commencement of the voting period at the election or poll”
.
Subsection (5) was substituted, as from 25 December 2002, by section 26(2) Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (6) was inserted, as from 25 December 2002, by section 26(2) Local Electoral Amendment Act 2002 (2002 No 85).
A candidate may retire by delivering to the electoral officer a notice in writing indicating that he or she wishes to retire,—
(a) if an election is required to be held, at any time after the close of nominations and before polling day; or
(b) if an election is not required to be held, at any time before a declaration has been made under section 63.
Compare: 1976 No 144 s 21(1)
(1) This section applies if, after the close of nominations but before the close of voting, an electoral officer becomes aware that a candidate in a mayoral election—
(a) has died; or
(b) has become incapable under any Act of holding the office for which the candidate was nominated; or
(c) was not validly nominated; or
(d) was not qualified to be nominated as a candidate.
(2) If it is practicable to do so before polling day, the electoral officer must, by public notice,—
(a) give notice of the death, or the incapacity, or the invalid nomination of the candidate; and
(b) countermand the notice of the election given under section 65; and
(c) declare the election to be void.
(3) Any votes in the election must not be counted but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election.
(4) A new election must be held and the provisions of section 102 apply accordingly, with any necessary modifications.
Compare: 1976 No 144 s 22
(1) This section and section 72 apply if—
(a) the electoral officer receives notice under section 69 of the retirement of a candidate in any election; or
(b) the electoral officer becomes aware, after the close of nominations but before the close of voting, that a candidate in any election other than a mayoral election—
(i) has died; or
(ii) has become incapable under any Act of holding the office for which the candidate was nominated; or
(iii) was not validly nominated; or
(iv) was not qualified to be nominated as a candidate.
(2) If it is practicable to do so before polling day, the electoral officer must give public notice of the retirement, death, incapacity, or the invalid nomination of the candidate.
(3) The electoral officer must take such steps as are practicable to ensure that electors do not vote for a candidate in ignorance of the retirement, death, incapacity, or invalid nomination of that candidate.
(4) Any failure by the electoral officer to ensure that an elector or electors do not vote for a candidate in ignorance of the retirement, death, incapacity, or invalid nomination of the candidate does not invalidate an election.
(5) If the electoral system used at the election is First Past the Post, any vote cast for a retired, deceased, or incapacitated candidate, or for a candidate whose nomination is invalid, or for a candidate who is no longer available for election under section 84, is void.
(6) If the electoral system used at the election is Single Transferable Voting, any preference recorded on a voting document for a retired, deceased, or incapacitated candidate, or for a candidate whose nomination is invalid, or for a candidate who is no longer available for election under section 84, must not be recorded at the count as a preference for that person, but must instead be treated in accordance with regulations made under this Act.
Compare: 1976 No 144 s 23(1), (2)
Subsection (5) was substituted, as from 25 December 2002, by section 27 Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (6) was inserted, as from 25 December 2002, by section 27 Local Electoral Amendment Act 2002 (2002 No 85).
(1) If the retirement, death, incapacity, or invalid nomination of a candidate means that the election is unnecessary, the electoral officer must, as soon as practicable after the close of nominations, give public notice declaring all remaining candidates to be elected in the prescribed manner.
(2) If subsection (1) applies, the votes in the election must not be counted, but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election.
Compare: 1976 No 144 s 23(3)
(1) This section applies if the electoral officer believes on reasonable grounds that electors are, or are likely to be, denied a reasonable opportunity to cast a valid vote at an election or poll because of
(a) natural disaster; or
(b) adverse weather conditions; or
(c) the breakdown of communication or energy services; or
(d) riot or disorder; or
(e) any other event.
(2) If this section applies, the electoral officer may adjourn the close of voting for a period not exceeding 14 days, and may continue to adjourn the close of voting, if necessary, until the election or poll can be held or taken, as the case may be.
(3) The electoral officer must give public notice of every adjournment under this section as soon as practicable, and may give any other notice that the electoral officer considers desirable.
Compare: 1976 No 144 s 48
The electoral officer must take all reasonable steps to ensure that—
(a) the security of voting documents and other electoral records is maintained; and
(b) voting documents and other electoral records are dealt with in the prescribed manner; and
(c) No electoral official, Justice of the Peace, or scrutineer discloses any information as to any candidate for whom, or the proposal for which, the voter is about to vote or has voted unless that disclosure—
(i) is required to conduct the count; or
(ii) is otherwise authorised by law or any Court of competent jurisdiction; and
(d) the processing and counting of votes, and the scrutiny of the electoral roll, are conducted in a manner that facilitates checking of the processes adopted to conduct those duties (whether at a recount, inquiry, or otherwise).
(1) Every voting document for an election must contain the following directions to the voter:
(a) the voter should read the directions carefully before voting; and
(b) if the First Past the Post electoral system is being used at the election,—
(i) how and where on the voting document a voter exercises his or her vote (for example, a tick against a box); and
(ii) the minimum and maximum number of candidates for which a voter may exercise his or her vote; and
(c) if the Single Transferable Voting electoral system is being used at the election,—
(i) how and where on the voting document a voter indicates his or her preferences; and
(ii) the minimum and maximum number of candidates for which a voter may indicate his or her preferences; and
(d) what the voter should do if he or she spoils the voting document; and
(e) what the voter must do with the voting document after voting; and
(f) any other relevant requirements that are particular to the voting method or the electoral system that is being used.
(2) In addition to the directions to the voter, every voting document for an election must contain the following:
(a) information necessary to identify the elector on the electoral roll and the voting documents issued to that elector; and
(b) the name of the local government area to which the election relates; and
(c) the position or positions to be filled at the election; and
(d) the name under which each candidate is seeking election, and the name of any organisation or group with which the candidate claims to be affiliated or, if applicable, the status of the candidate as an independent candidate; and
(e) information that is necessary to distinguish any candidates that have the same or very similar names; and
(f) an illustration of how and where the voter indicates his or her choice or preferences, as the case may be.
(3) Voting documents for an election may contain any other information that the electoral officer considers appropriate to ensure that—
(a) all electors who are qualified to vote have a reasonable and equal opportunity to vote (including, without limitation, information in a language other than English); and
(b) the secrecy of the vote is maintained.
(1) Every voting document for a poll must contain the following directions to the voter:
(a) the voter should read the directions carefully before voting; and
(b) if the First Past the Post electoral system is being used for the poll, how and where on the voting document a voter exercises his or her vote (for example, a tick against a box); and
(c) if the Single Transferable Voting electoral system is being used for the poll, how and where on the voting document a voter indicates his or her preference; and
(d) what the voter should do if he or she spoils the voting document; and
(e) what the voter must do with the voting document after voting; and
(f) any other requirements that are particular to the voting method or electoral system that is being used.
(2) In addition to the directions to the voter, every voting document for a poll must contain the following:
(a) information that is necessary to identify the elector on the electoral roll and the voting document issued to that elector; and
(b) the name of the local government area to which the poll relates; and
(c) a full statement of the proposal of the poll and whether or not the poll is a binding poll or a non-binding poll; and
(d) an illustration of how and where the voter indicates his or her choice or preferences, as the case may be.
(3) Voting documents for a poll may contain any other information that the electoral officer considers appropriate to ensure that—
(a) all electors who are qualified to vote have a reasonable and equal opportunity to vote (including, without limitation, information in a language other than English); and
(b) the secrecy of the vote is maintained.
A voting document may not be used at an election or poll unless it is consistent with at least one of the general formats that have been approved for use by the Secretary for Local Government or a person appointed by the Secretary for the purpose of approving formats for voting documents under this section.
(1) An elector may cast a vote using a voting document during the voting period in accordance with regulations made under this Act.
(2) No vote received by the electoral officer after the close of voting may be counted, unless permitted by regulations made under this Act.
(1) A local authority may determine, by resolution, that the voting documents in respect of a triennial general election, or a poll or election conducted in conjunction with a triennial general election, are to be processed during the voting period.
(2) A local authority may determine, by resolution, that the voting documents in respect of any election or poll (other than a triennial general election or a poll conducted in conjunction with a triennial general election) are to be processed during the voting period.
(4) For the purposes of this section, local authority means—
(a) a territorial authority; and
Section 79 was substituted, as from 25 December 2002, by section 28 Local Electoral Amendment Act 2002 (2002 No 85).
Subsection (1) was amended, as from 7 July 2004, by section 11(1) Local Electoral Amendment Act 2004 (2004 No 62) by substituting the word “local”
for the word “territorial”
.
Subsection (4) was inserted, as from 7 July 2004, by section 11(2) Local Electoral Amendment Act 2004 (2004 No 62).
(1) If a local authority has made a determination under section 79, the electoral officer must ensure that voting documents received before the close of voting are processed in the prescribed manner.
(2) Subsection (1) does not require the electoral officer to ensure the taking of any particular step (whether prescribed or otherwise) in relation to the processing of a voting document during the voting period if the electoral officer decides, on reasonable grounds, that it is not efficient to take that step in relation to that voting document in that period.
(3) Any step that, in relation to a voting document, is started but not completed at the close of voting must be completed after the close of voting in the prescribed manner.
(4) If the processing of a voting document is not completed at the close of voting, the processing of the voting document must be completed after the close of voting.
(1) The electoral officer must appoint at least 1 Justice of the Peace, and may appoint as many additional Justices as the electoral officer considers necessary, to observe the processing of voting documents under section 80.
(2) At least 1 Justice appointed under subsection (1) must be present when any step referred to in section 80 is being taken during the voting period or is being completed after the close of voting.
(3) Every Justice appointed under subsection (1) must give a certificate to the electoral officer stating whether or not the Justice is satisfied that section 80 and the regulations prescribing the procedure for early processing of voting documents were complied with while the Justice was observing the processing of voting documents.
(4) A Justice who gives a certificate stating that he or she is not satisfied that section 80 or that the applicable regulations were complied with must attach a report to the certificate setting out any way in which the section or regulations, as the case may be, were not complied with.
(1) 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, record, before the counting of the votes, the name of all electors who appear to have voted at the election or poll.
(2) If the electoral officer is satisfied that more than 1 vote has been cast in the name of any elector at the same election or poll, the electoral officer must disallow every vote cast in the name of that elector, in the prescribed manner.
(3) Despite subsection (2), if the electoral officer is satisfied that the elector cast only 1 vote and was not in any way involved with the casting of the other vote or votes, the electoral officer must allow the elector's vote and disallow the other vote or votes.
Subsection (1) was amended, as from 7 July 2004, by section 12 Local Electoral Amendment Act 2004 (2004 No 62) by omitting the words “or after”
.
(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 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 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 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 community board, section 88A applies.
Subsections (5A) to (5D) were inserted, as from 25 December 2002, by section 30 Local Electoral Amendment Act 2002 (2002 No 85).
The electoral officer must, in accordance with the prescribed requirements, make any announcements required by regulations made under this Act concerning the preliminary results of an election or poll.
Section 85 was substituted, as from 25 December 2002, by section 31 Local Electoral Amendment Act 2002 (2002 No 85).
The electoral officer conducting an election or poll must give public notice declaring the official result of the election or poll in the prescribed manner as soon as practicable after—
(a) [Repealed]
(b) the validity of all special votes has been determined; and
(c) all valid votes have been counted.
Paragraph (a) was repealed, as from 7 July 2004, by section 13 Local Electoral Amendment Act 2004 (2004 No 62).
(1) This section applies if—
(a) a candidate in any election dies or becomes incapable under any Act of holding the office for which the candidate was nominated; and
(b) the death or incapacity occurs after the close of voting; and—
(i) before the declaration of the result of the election under section 86; or
(ii) if an amended declaration of the result of the election is ordered under section 92(3), before that amended declaration has been given; and
(c) that candidate would, had the death or incapacity not occurred, have been declared to be elected.
(2) If the candidate is a candidate other than a candidate in a mayoral election,—
(a) the electoral officer must give public notice declaring any other successful candidate at the election to be elected; and
(b) the vacancy arising from the death or incapacity of the candidate is to be treated as an extraordinary vacancy occurring on the date of the declaration or of the amended declaration, as the case may be.
(3) If the candidate is a candidate in a mayoral election, the electoral officer must, by public notice,—
(a) give notice of the death, or the incapacity, or the invalid nomination of the candidate; and
(b) countermand the notice of the election given under section 65; and
(c) declare the election to be void.
(4) If subsection (3) applies, any votes in the election must not be counted, but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election.
(5) If subsection (3) applies, a new election must be held and the provisions of section 102 apply accordingly, with any necessary modifications.
Compare: 1976 No 144 s 44
(1) If, at any elections for the Mayor and a member or members of a territorial authority held at the same time, a person is declared to be elected as the Mayor and that person is also elected to be another member (and that person is not deprived of either office by a recount under section 92 or on a petition under section 93), that person is to be treated as having vacated office as another member.
(2) If subsection (1) applies and the elections were conducted using the First Past the Post electoral system, then,—
(a) subject to paragraph (b), the electoral officer conducting the election must give an amended declaration under section 86 declaring the highest polling unelected candidate at the election to be elected; and
(b) if the district of the territorial authority is divided into wards for electoral purposes, the electoral officer conducting the election must give an amended declaration under section 86 declaring the highest polling unelected candidate at the election in the ward at which the person elected as Mayor was also elected as another member to be elected.
(3) If subsection (1) applies and the elections were conducted using the Single Transferable Voting electoral system, then,—
(a) subject to paragraph (b), the electoral officer must—
(i) determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected if the person elected as Mayor had not stood at the election; and
(ii) give an amended declaration under section 86 declaring that unelected candidate to be elected:
(b) if the district of the territorial authority is divided into wards for electoral purposes, the electoral officer conducting the election must—
(i) determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected at the election in the ward at which the person who was elected as Mayor was also elected as another member, if the person elected as Mayor had not stood at that election; and
(ii) give an amended declaration under section 86 declaring that unelected candidate to be elected.
(4) In every case to which subsection (2) or subsection (3) applies, the period of 21 days referred to in section 93(2) in respect of the person declared by that amended declaration to be elected as a member, begins to run from the date of the amended declaration.
(5) If there is no other candidate who may lawfully be declared to be elected by means of the amended declaration, an extraordinary vacancy in the office of member is to be treated as having occurred on the date on which the Mayor came into office as Mayor.
Compare: 1974 No 66 s 101W
Subsection (3)(a)(i) was amended, as from 25 December 2002, by section 32(a) Local Electoral Amendment Act 2002 (2002 No 85) by inserting the words “, in accordance with any regulations made under this Act,”
after the word “determine”
.
Subsection (3)(b)(i) was amended, as from 25 December 2002, by section 32(b) Local Electoral Amendment Act 2002 (2002 No 85) by inserting the words “, in accordance with any regulations made under this Act,”
after the word “determine”
.
(1) This section applies if, at any elections held at the same time for a member or members of a territorial authority and a member or members of a community board constituted in respect of part of the district of the territorial authority, a person is declared to be elected as a member of the territorial authority and that person is also declared to be elected as a member of the community board (and that person is not deprived of either office by a recount under section 92 or on a petition under section 93).
(2) If this section applies, the person declared to be elected to both offices must be treated as having vacated office as a member of the community board.
Sections 88A to 88F were inserted, as from 25 December 2002, by section 33 Local Electoral Amendment Act 2002 (2002 No 85).
If section 88A applies and the elections were conducted using the First Past the Post electoral system, then,—
(a) subject to paragraphs (b) and (c), the electoral officer conducting the election of members of the community board must give an amended declaration under section 86 declaring the highest polling unelected candidate at the election to be elected; and
(b) if the part of the district in respect of which the community is constituted is divided into wards or subdivisions for electoral purposes, the electoral officer conducting the election must, subject to paragraph (c), give an amended declaration under section 86 declaring the highest polling unelected candidate at the election in the ward or subdivision (at which the person elected as a member of the territorial authority was also elected as a member of the community board) to be elected; and
Sections 88A to 88F were inserted, as from 25 December 2002, by section 33 Local Electoral Amendment Act 2002 (2002 No 85).
If section 88A applies and the elections were conducted using the Single Transferable Voting electoral system, then,—
(a) subject to paragraphs (b) and (c), the electoral officer must—
(i) determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected as a member of the community board if the person elected as a member of the territorial authority had not stood at the election; and
(ii) give an amended declaration under section 86 declaring that unelected candidate to be elected:
(b) if the part of the district in respect of which the community is constituted is divided into wards or subdivisions for electoral purposes, the electoral officer conducting the election must—
(i) determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected (at the election in the ward or subdivision at which the person who was elected as a member of the territorial authority was also elected as a member of the community board) if the person elected as a member of the territorial authority had not stood at that election; and
(ii) give an amended declaration under section 86 declaring that unelected candidate to be elected:
(c) the electoral officer must, in determining for the purposes of paragraph (a) or paragraph (b) the unelected candidate who is to be declared b the amended declaration to be elected, treat all persons who were elected as members of the territorial authority as if they had never stood for election as members of the community board.
Sections 88A to 88F were inserted, as from 25 December 2002, by section 33 Local Electoral Amendment Act 2002 (2002 No 85).
In every case to which section 88B or section 88C applies, the period of 21 days referred to in section 93(2) in respect of the person declared by that amended declaration to be elected as a member of the community board begins to run from the date of the amended declaration.
Sections 88A to 88F were inserted, as from 25 December 2002, by section 33 Local Electoral Amendment Act 2002 (2002 No 85).
(1) This section applies if, in any case to which section 88A applies, there is no other candidate who may lawfully be declared to be elected by means of the amended declaration as a member of the community board.
(2) If this section applies, an extraordinary vacancy in the office of member of the community board is to be treated as having occurred on the date on which the person who was declared to be elected both as a member of the territorial authority and as a member of the community board came into office as a member of the territorial authority.
Sections 88A to 88F were inserted, as from 25 December 2002, by section 33 Local Electoral Amendment Act 2002 (2002 No 85).
(1) This section applies if, at any election other than an election to which section 88A applies, a person who is a member of a community board constituted in respect of part of a district of a territorial authority is declared to be elected as a member of that territorial authority (and that person is not deprived of his or her office as a member of that territorial authority by a recount under section 92 or a petition under section 93).
(2) If this section applies, the person declared to be elected as a member of the territorial authority must be treated as having vacated office as a member of the community board.
Sections 88A to 88F were inserted, as from 25 December 2002, by section 33 Local Electoral Amendment Act 2002 (2002 No 85).
(1) As soon as practicable after the completion of the count, the electoral officer must secure all voting documents and specified materials in the prescribed manner.
(2) The voting documents and materials referred to in subsection (1) must be deposited with the Registrar of the District Court that, in the opinion of the electoral officer, is nearest to the principal office of the local authority.
(3) The Registrar of the District Court must ensure that the voting documents and materials received under subsection (2)—
(a) are kept securely—
(i) for a period of 21 days after public notice is given declaring the result of the election or poll; or
(ii) in a case where an application is made for a recount or a petition demanding an inquiry is filed, until the completion of the recount or inquiry; and
(b) are then destroyed.
(4) Access to the voting documents and materials received under subsection (2) must not be given to any person except—
(a) on the order of a court of competent jurisdiction; or
(b) in accordance with regulations made under this Act.
(5) In this section, specified materials means those documents or records specified in regulations made under this Act as materials to which this section applies.
Subsection (1) was amended, as from 7 July 2004, by section 14 Local Electoral Amendment Act 2004 (2004 No 62) by omitting the word “official”
.
(1) If any candidate has reason to believe that the public declaration by the electoral officer of the number of votes received by any candidate is incorrect, and that on a recount of those votes the first-mentioned candidate might be elected, he or she may, within 3 days after the public declaration, apply to a District Court Judge for a recount of the votes.
(2) Every application for a recount must be accompanied by the prescribed deposit.
(3) If the District Court Judge is satisfied that the applicant has reasonable grounds to believe that the declaration is incorrect and that on a recount the applicant might be elected, the District Court Judge must, as soon as practicable after receiving the application, and the deposit required by sub-section (2),—
(a) cause a recount of the votes to be made; and
Compare: 1976 No 144 s 43(1)-(3)
(1) Each candidate may, by notice in writing, appoint 1 or more scrutineers for the recount, whether or not the candidate has already appointed 1 or more scrutineers under section 66.
(2) Subsections (2) and (3) of section 68 apply, with any necessary modifications, for the purposes of an appointment under this section.
(3) Not more than 1 scrutineer for any candidate (whether appointed under section 66 or under this section) may be present at the same time at a recount.
Compare: 1976 No 144 s 43(4), (5)
(1) At the recount, the electoral officer must produce to the District Court Judge all the voting documents used at the election.
(2) The recount must be made in the presence of the District Court Judge, or of an officer appointed by him or her for the purpose, and—
(a) must, as far as is practicable, be made in the manner provided in the case of the original count unless the District Court Judge orders otherwise; and
(b) section 74 (relating to security and secrecy) applies, with any necessary modifications, to the recount.
(3) If, on the recount, the District Court Judge finds that the public declaration was incorrect, the Judge must order the electoral officer to give an amended declaration under section 86 of the result of the election.
(4) The District Court Judge may make any order as to the costs of, and incidental to, the recount that the Judge considers just and, subject to any order, must direct the deposit made under section 90 to be returned to the person who made it.
Compare: 1976 No 144 s 43(6)-(9)
(1) Any candidate or any 10 electors with a complaint about the conduct of an election or poll may file a petition in the District Court demanding—
(a) an inquiry into the conduct of the election or poll; or
(b) an inquiry into the conduct of a candidate or any other person at the election or poll.
(2) A petition under subsection (1) must—
(a) be filed within 21 days after public notice is given declaring the result or, as the case may be, the amended result of the election or poll; and
(b) be filed in the District Court to which the voting documents for the election or poll to be inquired into were forwarded; and
(c) be accompanied by the prescribed deposit; and
(d) specify the specific grounds on which the complaint is based; and
(e) be heard and determined by a District Court Judge.
(3) If a petition under subsection (1) is filed at a District Court, the Registrar of that Court must immediately send a copy of the petition to the electoral officer.
Compare: 1976 No 144 s 99
(1) No grounds other than those stated in the petition may be investigated, except with the leave of the District Court Judge hearing the petition.
(2) Leave may be given under subsection (1)—
(a) only after reasonable notice has been given to any affected person; and
(b) on such terms and conditions (if any) that the District Court Judge considers just.
(3) Despite subsection (1),—
(a) if the petition concerns an election, evidence may be given to prove that the election of any defeated candidate would be invalid in the same manner as if the petition had complained of the candidate's election:
(b) if the petition concerns a poll, evidence may be given to prove that a proposal other than that declared to be carried was—
(i) carried and not rejected; or
(ii) rejected and not carried.
Compare: 1976 No 144 s 100
(1) Notice of an intention to oppose a petition may be filed in the District Court in which the petition is filed by—
(a) any candidate or any 10 electors, if the petition concerns an election; or
(b) any 10 electors, if the petition concerns a poll; or
(c) an electoral officer or other electoral official, if the petition complains of the conduct of the electoral officer or other electoral official.
(2) The person or persons who file a notice under subsection (1) are the respondent or respondents to the petition.
Compare: 1976 No 144 s 101
The inquiry must be commenced within 14 days after the filing of the petition, and not less than 7 days' public notice must be given of the time and place at which the inquiry will be held.
Compare: 1976 No 144 s 102
(1) For the purposes of the inquiry, the District Court Judge conducting it—
(a) has and may exercise all the powers of citing parties, compelling evidence, and maintaining order that the Judge would have in the Judge's ordinary civil jurisdiction; and
(b) may, in addition, at any time during the inquiry direct a recount or scrutiny of the votes given at the election or poll.
(2) If a recount or scrutiny is conducted under subsection (1)(b), the District Court Judge must disallow the vote of every person who—
(a) has voted, despite not being entitled to vote at the election or poll; or
(b) has voted more than once at the election or poll.
Compare: 1976 No 144 s 103
The District Court Judge must determine whether,—
(a) as a result of an irregularity that in the Judge's opinion materially affected the result of the election or poll, the election or poll is void:
(b) in the case of an election, the candidate whose election is complained of, or any and which other candidate, was elected:
(c) in the case of a poll, any and which proposal was carried.
Compare: 1976 No 144 s 104
(1) If subsection (2) applies, an election or poll must not be declared void on the ground of—
(a) any irregularity in any of the proceedings preliminary to the voting; or
(b) any failure to hold the election or poll at any place appointed for holding the election or poll; or
(c) a failure to comply with the directions contained in this Act or any regulations made under this Act as to the conduct of the election or poll or the counting of the votes; or
(d) by any mistake in the use of prescribed forms.
(2) This subsection applies if the District Court Judge conducting an inquiry into the conduct of an election or poll, having taken account of whether the election or poll was conducted in accordance with the principles set out in section 4, considers that the irregularity, failure, or mistake referred to in subsection (1) did not affect the result of the election or poll.
Compare: 1976 No 144 s 120
(1) The District Court Judge may order that all or part of the expenses of, or incidental to, the inquiry are to be met by—
(a) any party or parties to the inquiry; or
(b) any electoral officer or other electoral official if the Judge declares the election or poll void on the ground of negligence or intentional or reckless misconduct by that electoral officer or other electoral official.
(2) The order has the same effect and may be enforced as a judgment for a debt obtained under the District Courts Act 1947.
(3) Despite subsection (1), no order may be made against any person who is not a party to the inquiry unless the person has been summoned to appear and give evidence at the inquiry.
Compare: 1976 No 144 s 106(1)
(1) The District Court Judge must direct that the deposit required by section 93(2)(c) be returned to the person who paid it unless, in the opinion of the Judge, the petitioner or petitioners have failed to establish—
(a) the grounds of complaint specified in the petition; or
(b) any other grounds investigated with the leave of the Judge.
(2) If paragraph (a) or paragraph (b) of subsection (1) applies, the deposit, or any part of the deposit remaining after any order under section 100 is satisfied, is forfeited to the Crown.
(3) This section applies subject to any order made under section 100.
Compare: 1976 No 144 s 106(2)
(1) If an election or poll is declared void, a new election or poll must be held or taken under the same provisions, as far as practicable, as those applicable to the void election or poll.
(2) The new election or poll must be held or taken,—
(a) in a case where the election or poll is declared void in the period beginning on 25 December in any year and ending on 8 November in the following year, as soon as is practicable, but not later than 82 days after the date on which the electoral officer is notified of the declaration:
(b) in a case where the election or poll is declared void in the period after 8 November and before 25 December in any year, on a day not more than 82 days after 27 December.
(3) The only persons eligible to vote at the new election or poll are the persons who were eligible to vote at the void election or poll.
(4) The electoral roll to be used for the new election or poll is the electoral roll used at the void election or poll, without any amendments or additions.
(5) Despite subsections (3) and (4), if an election or poll is declared void as a result of an irregularity in the electoral roll, the District Court Judge may order that, for the purposes of the new election or poll,—
(a) specified amendments or additions or deletions be made to that roll; or
(b) specified kinds of amendments or additions or deletions be made to that roll; or
(6) The only persons eligible to be nominated as candidates at the new election are the persons who were qualified to be nominated as candidates at the void election.
Compare: 1976 No 144 s 107
(1) Every determination or order under this Part is final and may not be removed into the High Court by any procedure.
(2) No proceedings may be brought in the High Court questioning the validity of any election or poll under this Act.
Compare: 1976 No 144 s 108
In this Part,—
applicable period before the close of polling day means the period beginning 3 months before the close of polling day and ending with the close of polling day
electoral activity, in relation to a candidate at an election, means an activity—
(a) that is carried out by the candidate or with the candidate's authority; and
(b) that relates to the candidate solely in the candidate's capacity as a candidate and not to the candidate—
(i) in his or her capacity as a member of the local authority or community board, or as the holder of any other office; or
(ii) in any other capacity; and
(c) that comprises—
(i) advertising of any kind; or
(ii) radio or television broadcasting; or
(iii) publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; or
(iv) any electronic communication to the public, including (without limitation) the establishment or operation of a website or other method of communication to the public using the Internet; and
(d) that relates exclusively to the campaign for the election of the candidate; and
(e) that takes place within the applicable period before the close of polling day
electoral donation, in relation to a candidate at an election,—
(a) means a donation (whether of money or the equivalent of money or of goods or services or of a combination of those things) of a sum or value of more than $1,000 (such amount being inclusive of any goods and services tax and of a series of donations made by or on behalf of any one person that aggregate more than $1,000) made to the candidate, or to any person on the candidate's behalf, for use by or on behalf of the candidate in the campaign for his or her election; and
(b) includes, if goods or services are provided to the candidate, or to any person on the candidate's behalf, under a contract at 90% or less of their reasonable market value, the amount of the difference between the contractual price of the goods or services and the reasonable market value of those goods or services; but
(c) does not include the labour of any person that is provided to the candidate free of charge by that person
electoral expenses, in relation to a candidate at an election,—
(a) means expenses that are incurred by or on behalf of the candidate in respect of any electoral activity; and
(b) includes expenses that are incurred by or on behalf of the candidate, before or after the applicable period before the close of polling day, in respect of any electoral activity; and
(c) includes the reasonable market value of any materials applied in respect of any electoral activity that are given to the candidate or that are provided to the candidate free of charge or below reasonable market value; and
(d) includes the cost of any printing or postage in respect of any electoral activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the candidate; but
(e) does not include the expenses of operating a vehicle on which election advertising appears if that vehicle is used in good faith by the candidate as the candidate's personal means of transport; and
(f) does not include expenses incurred by the candidate in preparing a candidate profile statement; and
(g) does not include the labour of any person that is provided to the candidate free of charge by that person
population means the population, as at the day that is 3 months before the close of polling day, of a local government area as specified in a certificate issued in respect of that area by the Government Statistician.
population: this definition was amended, as from 25 December 2002, by section 34 Local Electoral Amendment Act 2002 (2002 No 85) by substituting the words “by the Government Statistician”
for the words “under section 2(5) of the Local Government Act 1974”
.
Compare: 1993 No 87 ss 213(1), 214F
(1) No claim against a candidate, or against any agent of a candidate, in respect of any electoral expenses is recoverable unless it is sent to the candidate within 30 days after the day on which the successful candidates are declared to be elected.
(2) All electoral expenses incurred by or on behalf of a candidate must be paid within 60 days after the day on which the successful candidates are declared to be elected.
Compare: 1993 No 87 s 206
(1) If a candidate, in the case of a claim for electoral expenses sent in to him or her within the time allowed by this Act, disputes it, or fails to pay it within 60 days,—
(a) the claim is a disputed claim; and
(b) the claimant may, if he or she thinks fit, within a further 30 days, bring an action for the disputed claim in any court of competent jurisdiction.
(2) Any sum paid by the candidate to satisfy the judgment or order of the Court in any action referred to in subsection (1) is to be treated as paid within the time allowed by this Act.
Compare: 1993 No 87 s 207
(1) A District Court may, on the application of the claimant or the candidate, grant leave to the candidate to pay a disputed claim, or to pay a claim for any electoral expenses, even though it is sent in after the time allowed by this Act, if the Court considers it in the interests of justice to grant that leave.
(2) Any sum specified in the order granting that leave may be paid by the candidate and, when paid, is to be treated as paid within the time allowed by this Act.
Compare: 1993 No 87 s 208
Every payment made in respect of any electoral expenses must, except when it is less than $200 (inclusive of goods and services tax), be vouched by—
(a) a bill stating the particulars; and