Local Electoral Act 2001

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs

Part 8 Miscellaneous provisions

138A Special provision in relation to certain elections to fill extraordinary vacancies and certain polls

(1)

Despite section 33(3) and section 120(1),—

(a)

if an electoral officer receives a notice under section 30(4), section 31(3), or section 120(1)(a) in the period that begins on 28 September in any year and ends with the close of 20 November in that year, the polling day for the poll under section 33, or for the election under section 120(1), must be a day not earlier than 17 February in the following year; and

(b)

if an electoral officer receives a notice under section 30(4), section 31(3), or section 120(1)(a) in the period that begins on 21 November in any year and ends with the close of 15 December in that year, the polling day for the poll under section 33, or for the election under section 120(1), must be a day not earlier than 14 March in the following year; and

(c)

if an electoral officer receives a notice under section 30(4), section 31(3), or section 120(1)(a) in the period that begins on 16 December in any year and ends with the close of 12 January in the following year, the polling day for the poll under section 33, or for the election under section 120(1), must be a day not earlier than 11 April in that following year.

(2)

In any case to which paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) applies, the requirements of this Act apply as if the notice referred to in the paragraph had been received by the electoral officer on the last day of the period specified in that paragraph.

Compare: 1976 No 144 s 50(1)

Section 138A: inserted, on 25 December 2002, by section 44 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 138A(1): amended, on 2 March 2021, by section 8(a) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).

Section 138A(1)(a): amended, on 2 March 2021, by section 8(b) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).

Section 138A(1)(a): amended, on 2 March 2021, by section 8(c) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).

Section 138A(1)(a): amended, on 26 March 2015, by section 11(1) of the Local Electoral Amendment Act 2015 (2015 No 19).

Section 138A(1)(b): amended, on 2 March 2021, by section 8(b) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).

Section 138A(1)(b): amended, on 2 March 2021, by section 8(c) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).

Section 138A(1)(b): amended, on 26 March 2015, by section 11(2) of the Local Electoral Amendment Act 2015 (2015 No 19).

Section 138A(1)(c): amended, on 2 March 2021, by section 8(b) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).

Section 138A(1)(c): amended, on 2 March 2021, by section 8(c) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).

Section 138A(1)(c): amended, on 26 March 2015, by section 11(3) of the Local Electoral Amendment Act 2015 (2015 No 19).