Minister may call general election

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

258M Minister may call general election

(1)

The Minister may, by notice in the Gazette, call a general election of a local authority if the Minister believes, on reasonable grounds, that the membership of the local authority is such that the local authority is unable or unwilling to perform its functions and duties and exercise its powers or there is a significant or persistent failure by the local authority to do so in respect of 1 or more of those functions, duties, and powers.

(2)

The notice must specify the date on which the election is to be held, which, to avoid doubt, may be a date that is earlier than 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.

(3)

The Minister must—

(a)

give the local authority a copy of the Gazette notice, as soon as practicable after its publication; and

(b)

give public notice of the calling of the election and the date on which the election is to be held.

(4)

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.

(5)

Despite subsection (4), the electoral officer responsible for the election must give notice of the election under section 52 of the Local Electoral Act 2001 no later than 7 days after the Minister gives notice of the election under subsection (1).

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