Supplementary Order Paper No 201

  • superseded on 10 April 2013

No 201

House of Representatives

Supplementary Order Paper

Tuesday, 26 March 2013

Local Electoral Amendment Bill (No 2)

Proposed amendment

Eugenie Sage, in Committee, to move the following amendment:

Clause 21

In clause 21, replace new section 73A (line 25 on page 14 to line 32 on page 15) with:

73A Adjournment of electoral processes
  • (1) An electoral officer may, by notice made in accordance with this section, specify a later date for 1 or more of the following in respect of a triennial general election of members of the local authority that appointed the officer, and its community boards:

    • (a) the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:

    • (b) the nomination day:

    • (c) the polling day:

    • (d) the date by which anything else may or must be done under this Act or regulations made under this Act.

    (2) The notice must be published in the Gazette in the year in which the triennial general election is to be held.

    (3) A date specified by the notice must be no more than 6 weeks after the date that would otherwise have applied.

    (4) A date may be specified by the notice only if the order commences on or before the date that would otherwise have applied.

    (5) Before publishing the notice, the electoral officer must be satisfied, on reasonable grounds, that the notice is necessary to ensure that the adverse effects of an emergency (whether local or national) or of anything referred to in section 73(1)(a) to (d) do not deny electors a reasonable opportunity to cast a valid vote, nominate a candidate, or accept nomination as a candidate in relation to the election.

    (6) Upon the commencement of a notice made under this section,—

    • (a) a date specified in the notice has effect in relation to the triennial general election of members of the local authority and community boards to which the order applies; and

    • (b) this Act and any regulations made under this Act apply to the election with any necessary modifications.

Explanatory note

In order to ensure transparency and avoid any abuse of power, this Supplementary Order Paper provides that the electoral officer be empowered to adjourn electoral processes under certain circumstances under new section 73A, rather than the Minister through Order in Council.