Local Government Act 2002

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs
258J Timing of election following postponed election

(1)

This section applies if—

(a)

the Minister postpones a triennial general election for members of a local authority under section 258I; and

(b)

the date on which the postponed election is subsequently held is less than 3 years before the date of the next triennial general election for members of the local authority as determined under section 10 of the Local Electoral Act 2001 (the next triennial election).

(2)

The Minister must decide whether the election for members of the local authority following the postponed election must be held on the date of—

(a)

the next triennial election; or

(b)

the next subsequent triennial general election as determined under section 10 of the Local Electoral Act 2001 (the second triennial election), in which case subsections (3) to (5) apply.

(3)

A general election for members of the local authority must not be held on the date of the next triennial election. Instead, the next general election for members of the local authority must be held on the date of the second triennial election.

(4)

A member of the local authority elected at the postponed election holds office until he or she vacates office, in accordance with section 116 of the Local Electoral Act 2001, for the second triennial election.

(5)

Subsection (4) applies unless the member sooner vacates his or her office under clause 5 of Schedule 7 of this Act.

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