Local Electoral Act 2001

9 Holding of referendum

(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 a referendum conducted as a consequence of a direction under this section is not binding on a local authority—

(a)

in the case of any matter or proposal relating to the division of any district or region into 1 or more Māori wards or Māori constituencies; or

(b)

in any other case, unless the local authority resolves otherwise or an enactment provides otherwise.

Section 9(7): replaced, on 2 March 2021, by section 5 of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).