Act Repealed Latest version as at 10 April 1992 (as enacted) | 1992 No 22

Local Government (Regional Council Vacancies) Act 1992

Checking for related legislation...

Principal Act

Checking for related legislation...

Search content

Checking for alerts... Loading...

Extraordinary vacancies occurring within 7 months before 1992 triennial general election

Consequential effects of determination not to fill extraordinary vacancy

Exclusion

Local Government (Regional Council Vacancies) Act 1992

Public Act		1992 No 22
Date of assent		10 April 1992

	Title
1	Short Title
2	Expiry
3	Interpretation
4	Extraordinary vacancies occurring within 7 months before 1992 triennial general election
5	Consequential effects of determination not to fill extraordinary vacancy
6	Exclusion
	Administrative information

An Act to empower regional councils to determine by resolution that any extraordinary vacancy in their membership that occurs within 7 months before the 10th day of October 1992 (being the date fixed for the next triennial general election) shall not be filled

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title

This Act may be cited as the Local Government (Regional Council Vacancies) Act 1992.

2 Expiry

This Act shall expire with the close of the 10th day of October 1992.

3 Interpretation

In this Act, unless the context otherwise requires, expressions defined in the Local Government Act 1974 have the meanings so defined.

4 Extraordinary vacancies occurring within 7 months before 1992 triennial general election

(1)

Notwithstanding anything in section 101zc or section 707e of the Local Government Act 1974 or in the Local Elections and Polls Act 1976, where, within 7 months before the 10th day of October 1992 (being the date fixed for the next triennial general election), an extraordinary vacancy occurs in the office of an elected member of a regional council, that regional council may, subject to subsections (2) to (5) of this section, by resolution determine that the vacancy shall not be filled.

(2)

Where any such extraordinary vacancy has occurred before the commencement of this Act, any determination not to fill the vacancy shall be made by the regional council not later than the 28th day of April 1992.

(3)

Where any such extraordinary vacancy occurs after the commencement of this Act, any determination not to fill the vacancy shall be made by the regional council at its next ordinary meeting, or, if that is not practicable, at its next subsequent ordinary meeting.

(4)

Where a determination under subsection (1) of this section relates to an extraordinary vacancy that has occurred before the commencement of this Act, the resolution by which that determination is made shall revoke any resolution under section 101zc(1)(a) of the Local Government Act 1974 that requires that an election be held to fill that vacancy.

(5)

Where a regional council has, under section 101zc(1)(b) of the Local Government Act 1974, determined, whether before or after the commencement of this Act, that an extraordinary vacancy shall be filled by the appointment by the regional council of a person qualified to be elected to be a member thereof, no determination shall be made under subsection (1) of this section in relation to that extraordinary vacancy.

5 Consequential effects of determination not to fill extraordinary vacancy

(1)

Where a regional council by resolution determines, under section 4(1) of this Act, not to fill an extraordinary vacancy—

(a)

That regional council shall—

(i)

Forthwith give public notice of the determination; and

(ii)

Forthwith give notice to the Returning Officer of the determination; and

(b)

Any public notice given by the Returning Officer under section 101ze(2) of the Local Government Act 1974 or section 50(1) of the Local Elections and Polls Act 1976 in relation to that extraordinary vacancy shall cease to have effect; and

(c)

Any nominations of candidates in respect of the election to fill that extraordinary vacancy shall cease to have effect; and

(d)

Any deposit made under section 14 of the Local Elections and Polls Act 1976 in respect of the nomination paper of any candidate at the election to fill that extraordinary vacancy shall be returned by the Returning Officer to the person who paid it or, as the case may require, to that person’s personal representatives; and

(e)

The principal administrative officer of the regional council shall no longer be required to correct, complete, and certify an electoral roll for the purposes of the election to fill that extraordinary vacancy or to make that electoral roll available for public inspection.

6 Exclusion

Nothing in section 101zc(1)(c) or in section 707e(2) of the Local Government Act 1974 shall apply in relation to any extraordinary vacancy that, within 6 months before the 10th day of October 1992, occurs in the office of an elective member of a regional council.

This Act is administered in the Department of Internal Affairs.

Sort by

Local Government (Regional Council Vacancies) Act 1992