Local Government Act 2002

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs
258I Minister may postpone general election when appointing Commission

(1)

The Minister may postpone the next triennial general election for members of a local authority—

(a)

at the same time as appointing a Commission to a local authority under section 258F; or

(b)

at any time during the period in which the Commission is performing the local authority’s functions and duties and exercising its powers.

(2)

Subsection (1) applies only if the term of the Commission extends more than 120 days beyond the date of that election as determined under section 10 of the Local Electoral Act 2001.

(3)

If the Minister acts under subsection (1), he or she must—

(a)

give public notice of the postponement; and

(b)

before the term of the Commission ends,—

(i)

call a general election of the local authority by notice in the Gazette; and

(ii)

give public notice of the calling of the election.

(4)

Each notice given under subsection (3)(b)—

(a)

must specify the date on which the election is to be held, which must be no later than 7 days before the date on which the term of the Commission ends; and

(b)

if section 258J applies, must include a statement setting out the effect of the Minister’s decision under that section.

(5)

The Local Electoral Act 2001 applies, with any necessary modifications, to the conduct of an election called by the Minister under this section as if the election were a triennial general election.

(6)

Despite subsection (5), the electoral officer responsible for the election must give notice of the election under section 52 of the Local Electoral Act 2001—

(a)

no later than 7 days after the Minister gives notice of the election under subsection (3)(b); and

(b)

if section 258J applies, must include a statement in the notice setting out the effect of the Minister’s decision under that section.

Section 258I: inserted, on 5 December 2012, by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).