Local Government (Prescribed Form for Petition to Require Poll to Determine Whether or Not Final Proposal for Local Government Reorganisation Scheme to Proceed) Regulations 2014

2014/75

Coat of Arms of New Zealand

Local Government (Prescribed Form for Petition to Require Poll to Determine Whether or Not Final Proposal for Local Government Reorganisation Scheme to Proceed) Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 17th day of March 2014

Present:
His Excellency the Governor-General in Council

Pursuant to section 259(1)(d)(i) of the Local Government Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Local Government, makes the following regulations.

Regulations

1 Title
  • These regulations are the Local Government (Prescribed Form for Petition to Require Poll to Determine Whether or Not Final Proposal for Local Government Reorganisation Scheme to Proceed) Regulations 2014.

2 Commencement
  • These regulations come into force on 17 April 2014.

3 Petition to require poll to determine whether or not final proposal for local government reorganisation scheme to proceed
  • Every petition made under clause 24 of Schedule 3 of the Local Government Act 2002 must be in the form set out in the Schedule of these regulations.


Schedule
Form for petition to require poll to determine whether or not final proposal for local government reorganisation scheme to proceed

r 3

Form
Petition to require poll

Clause 24 of Schedule 3, Local Government Act 2002

To the Local Government Commission

Organiser of petition: [full name]

  • 1 This petition demands a poll to determine whether or not the final proposal issued on [date] by the Local Government Commission as indicated below should proceed and become a reorganisation scheme.

  • [Provide a description of the main features of the final proposal. If the public notice under clause 22(1)(a) of Schedule 3 of the Local Government Act 2002 includes a suggested description of the final proposal for use in a petition to require a poll, it is recommended that you provide that description here.]

  • 2 Following are the names, addresses, and signatures of affected electors who demand a poll.

 Full nameAddress (not a post office box) SignatureDate

Contact details

Address for service of organiser of petition:

Telephone:

Email:

Address:

Contact person: [name and designation, if applicable]

General notes
  • 1 Under clause 24(1) of Schedule 3 of the Local Government Act 2002, if a final proposal has been issued under clause 21(1)(a) or (b) of that schedule, affected electors may demand a poll to determine whether or not the final proposal is to proceed and become a reorganisation scheme.

  • 2 A poll may be demanded under clause 24(2) of that schedule by a petition of 10% or more of affected electors enrolled in the district of a territorial authority.

  • 3 Under clause 24(7) of that schedule, a petition may not be started before a final proposal is issued.

Note to persons signing petition
  • 1 Each person who signs this petition must state, against his or her signature, the person’s name and the address in relation to which he or she qualifies as an affected elector in sufficient detail to enable the person to be identified as an elector. If a person qualifies as a residential elector, the address in respect of which the person is registered is in an affected area must be stated. If a person qualifies as a ratepayer elector, the address in respect of a rating unit in an affected area must be stated.

  • 2 Each person who signs this petition must be an affected elector, as defined in Schedule 3 of the Local Government Act 2002 (see below).

  • 3 In Schedule 3 of the Local Government Act 2002, affected elector means—

    • (a) a person who is a residential elector (within the meaning of section 23 of the Local Electoral Act 2001), if the address in respect of which the person is registered is in an affected area:

    • (b) a person who is a ratepayer elector (within the meaning of section 24 of the Local Electoral Act 2001), if the person is qualified as a ratepayer elector in respect of a rating unit in an affected area.

Note to organiser of petition

A petition to require a poll must be received by the Local Government Commission not later than the close of the 60th working day after the first publication of the notice under clause 22(1)(a) of Schedule 3 of the Local Government Act 2002.

Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 17 April 2014, prescribe the form that affected electors must use to demand a poll under clause 24 of Schedule 3 of the Local Government Act 2002 to determine whether or not a final proposal is to proceed and become a reorganisation scheme.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 March 2014.

These regulations are administered by the Department of Internal Affairs.