Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830209620.pdf (New Zealand)
Reprint as at 24 January 2009 Local Electoral Act 2001 Public Act Date of assent Commencement 2001 No 35 29 May 2001 see section 2 Contents 5A 5B Title Commencement Purpose Principles Part 1 Preliminary provisions Interpretation General description of First Past the Post electoral system General description of Single Transferable Voting electoral system Act binds Crown Application Holding of other elections Holding of referendum Triennial general election Triennial general election not necessary in certain cases Page 10 10 10 11 12 18 18 20 20 20 21 22 22 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Internal Affairs.
1 Local Electoral Act 2001 Reprinted as at 24 January 2009 Officials Electoral officer Deputy electoral officer Rules applying to electoral officers, deputy electoral officers, and other electoral officials Duties of electoral officers General duties of electoral officer Conduct of elections and polls for territorial authorities and community boards Conduct of elections and polls for local authorities that are not territorial authorities Conduct of election or poll in conjunction with other election or poll Conduct of separate election or poll Duties of programmers and certifiers 19AA Duties of programmers 19AB Duties of certifiers Part 1A Representation arrangements for elections of territorial authorities, regional councils, and community boards Basis of election of members of regional council Basis of election of mayor of territorial authority Basis of election of members of territorial authority 19A Membership of territorial authorities 19B 19C 19D Membership of regional councils 19E 19F Membership of community boards 19G 19H 19I Basis of election of members of community board Review of representation arrangements for elections of territorial authorities Review of representation arrangements for elections of regional councils Review of community boards Requirements for resolution Distribution of copies of resolution 19J 19K 19L 19M Public notice of proposals and responsibilities in relation to submissions Response to submissions Appeals Objections 19N 19O 19P 2 22 23 23 24 25 25 25
 26 27 27 27 28 28 28 29 29 30 30 31 32 33 33 34 35 36 37 Reprinted as at 24 January 2009 Local Electoral Act 2001 19Q 19R 19S 19T 19U 19V Obligation to forward appeals and objections to Commission Commission to determine appeals and objections Determination of Commission Requirement for effective representation and other factors in determination of membership and basis of election of territorial authorities Requirement for effective representation and other factors in determination of membership and basis of
 election of regional council Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions 19W Factors in determination of matters in relation to community boards Certificate of Government Statistician 19X 19Y When determinations take effect Māori wards and Māori constituencies 19Z Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies 19ZA Public notice of right to demand poll 19ZB Electors may demand poll 19ZC Requirements for valid demand 19ZD Territorial authority or regional council may resolve to hold poll 19ZE Limitation on division into Māori wards or Māori constituencies 19ZF Poll of electors 19ZG Effect of poll 19ZH Basis of election of territorial authority and regional council 19ZI Guidelines in relation to reviews of representation Guidelines Part 2 Local elections and polls Electoral rights 20 21 22 23 Right to vote in election or poll Special voting Voting by special voters Residential electors 37 38 39 40 40 41 42 43 43 45 46 47 47 49 50 50 51 53 53 54 55 55 56 3 Local Electoral Act 2001 Reprinted as at 24 January 2009 24 24A 24B 24C 24D 24E 24F 25 26 27 28 29 30 31 32 33 34 Ratepayer electors Electors of Māori wards Voting rights at triennial general election of territorial authority Voting rights at election to fill extraordinary vacancy in respect of Māori ward Electors of Māori constituencies Voting rights at triennial general election
 of regional council Voting rights at election to fill extraordinary vacancy in respect of Māori constituency Candidate qualifications Right to nominate candidate Electoral systems for elections Local authority may resolve to change electoral systems Public notice of right to demand poll on electoral system Electors may demand poll Requirements for valid demand Local authority may resolve to hold poll Limitation on change to electoral systems Poll of electors Effect of poll 35 Electoral systems for polls
 Electoral systems for polls Voting methods Voting method for elections and polls Consultation Electoral rolls Compilation of electoral roll Public notice of procedures for enrolment as ratepayer on electoral roll No person to be enrolled more than once for local authority or community board Supply of information by Chief Registrar of Electors Roll to be available for public inspection Inspection of rolls at meetings and hui Application for registration as parliamentary elector Completion of electoral roll Removal of names from electoral roll Reprinted as at 24 January 2009 Local Electoral Act 2001 47 48 49 50 51 52 53 54 55 56 57 57A 57B 58 58A 59 60 61 62 63 64 Amendments to roll Objections to roll Appeals to District Court in respect of roll Closing of electoral roll When roll in force Part 3 Conduct of elections and polls Notice of election or poll Notice of election or poll Additional material to be included in notice in respect of election Additional material to be included in notice in respect of poll Candidacy Nomination of candidates Name of candidate Affiliation of candidate Candidacy for more than 1 ward or constituency or subdivision prohibited Candidacy for ward and membership at large prohibited Candidacy for both regional council and constituent authority prohibited Prohibition on candidacy for community board Forfeiture of deposit
 and refund of deposit Withdrawal, death, or incapacity of candidate before close of nominations Candidate profile statements Candidate profile statements Provision of candidate profile statements to electors Procedures after close of nominations If number of candidates does not exceed number of vacancies, candidates to be declared elected Vacancies remaining unfilled to be extraordinary vacancies Further notice of election or poll 65 Further notice to electors of election or poll 74 75 75 76 76 77 78 78 79
 80 80 81 81 82 82 83 83 84 86 86 86 86 5 Local Electoral Act 2001 Reprinted as at 24 January 2009 Scrutineers Scrutineers at election Scrutineers at poll General rules affecting scrutineers Retirement of candidates, etc Candidate may retire after close of nominations Death, incapacity, or invalid nomination of mayoral candidate after close of nominations Retirement, death, incapacity, or invalid nomination of candidate If election becomes unnecessary 66 67 68 69 70 71 72 Adjourned elections or polls 73 Adjournment of election or poll 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Voting, processing, and counting of votes Electoral officer to maintain security and secrecy at election or poll What voting documents for election must contain What voting documents for polls must contain Approval of voting documents for use at elections and polls Voting Early processing of votes Processing before close of voting Scrutineers’ presence at processing prohibited before close of voting Justices of the Peace to observe processing before close of voting Scrutiny of roll Counting of votes Preliminary results Declaration of result Death or incapacity of elected candidate before declaration of result of election What happens if same person elected as mayor and another member 88A What happens if same person elected to both territorial authority and community board Amended declaration if election under First Past the Post electoral system 88B 6 87 87 87 89 89 90 91 91 92 92 93 94 95
 95 95 96 96 97 97 99 99 99 100 102 102 Reprinted as at 24 January 2009 Local Electoral Act 2001 88C Amended declaration if election under Single Transferable Voting electoral system 88D Application of provision relating to petition for inquiry 88E What happens if no amended declaration can be made 88F What happens if member of community board becomes member of territorial authority Electoral records Part 4 Disputed elections and polls Recount of votes cast at election Application for recount Scrutineers at
 recount Conduct of recount Inquiry into election or poll Petition for inquiry Specified grounds only to be investigated Who may be respondent Time for holding inquiry Powers of District Court Judge Result of inquiry Election or poll not void by reason of certain irregularities Costs of inquiry Return of deposit New election or poll if election or poll declared void Order to be final Part 5 Electoral expenses Interpretation Periods for claiming and paying expenses Procedure if claim disputed Leave to pay claim after time limited Payments to be vouched by bill Return of electoral expenses Return to be open for public inspection Maximum amount of electoral expenses Apportionment of electoral expenses Advertisements for candidates Use of public money Local Electoral Act 2001 Reprinted as at 24 January 2009 Part 6 Term of elected members and extraordinary vacancies Term of membership of elected members 115 When members come into office 116 When members leave office Filling of extraordinary vacancies 117 Extraordinary vacancy in local authority or community board 117A Power to fill by appointment extraordinary vacancy in community board Notice of intention to fill vacancy by appointment Notice of intention to leave vacancy unfilled Election to fill
 extraordinary vacancy Part 7 Offences Illegal nomination, etc Interfering with or influencing voters Offences in respect of official documents Voting offences Bribery Treating Undue influence Personation Infringement of secrecy Disclosing voting or state of election or poll Penalty for electoral officer, deputy electoral officer, and other electoral officials Electoral expenses Payments in breach of section 105 Failure to transmit return False return Unauthorised advertisements Excessive expenditure General
 provisions Property may be stated as being in electoral officer Duty to take action in respect of offences Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 8 Miscellaneous provisions 138A Special provision in relation to certain elections to fill extraordinary vacancies and certain polls Regulations Powers and duties of electoral officers 139 140 140A Electoral systems 141 142 143 144 145 146 147 148 149 Voting methods Electoral rolls Conduct of elections and polls Transitional regulations [Repealed] Expiry of section 144 Regulations having effect under this Act Cost of elections and polls Validation of irregularities Amendments to section 101ZQ of Local Government Act 1974 [Repealed] Amendment to Schedule 2 of New Zealand Public Health and Disability Act 2000 Amendments to other enactments Repeals and revocations Transitional provisions relating to electoral systems Transitional provisions relating to returning officers Transitional provisions relating to electoral rolls Further transitional provisions relating to electoral rolls Transitional provisions relating to voting documents 150 151 152 153 154 155 156 157 Schedule 1 New Zealand method of counting single transferable votes [Repealed] Schedule 1A Provisions relating to Māori wards and Māori constituencies Schedule
 2 Return of electoral expenses and electoral donations Schedule 3 Enactments amended 134 135 137 137 138 139 139 140 140 141 141 141 142 142 142 142 143 143 143 143 145 146 147 154 155 9 s 1 Local Electoral Act 2001 Schedule 4 Repeals and revocations Reprinted as at 24 January 2009 157 Title This Act is the Local Electoral Act 2001.
Commencement This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made appointing different dates for differ- ent provisions.

Section 2: Local Electoral Act 2001 (except section 135) brought into force, on 1 July 2001, by the Local Electoral Act Commencement Order 2001 (SR 2001/144).

Section 2: section 135 brought into force, on 25 December 2002, by section 42(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
(b) Purpose The purpose of this Act is to modernise the law governing the conduct of local elections and polls and, in doing this, to— (a) provide sufficient flexibility in the law to readily ac- commodate new technologies and processes as they are developed (through the use of regulations to pre- scribe matters of detail that will be the subject of future change); and adopt uniform rules in relation to— (i) (ii) the timing of local elections; and the right of individuals to vote, stand for election, and nominate candidates for election; and the appointment, powers, and duties of electoral officers and other electoral officials; and the compilation of electoral rolls; and the procedures to be adopted for the conduct of elections and polls; and offences against this Act and penalties for those offences; and (iii) (iv) (v) (vi) (vii) disputed elections; and (viii) electoral expenses; and 1 2 3 10 Reprinted as at 24 January 2009 (c) Local Electoral Act 2001 s 4 extraordinary vacancies; and (ix) allow diversity (through local decision-making) in rela- tion to— (i) the particular electoral system to be used for local elections and polls; and the regular review of representation arrange- ments for local authorities; and the particular voting method to be used for local elections and polls; and (ia) (ii) implement the principles set out in section 4.
(d) Section 3(c)(ia): Electoral Amendment Act 2002 (2002 No 85).
inserted, on 25 December 2002, by section 3 of the Local 4 (1) Principles The principles that this Act is designed to implement are the following: (a) (b) (c) fair and effective representation for individuals and communities: all qualified persons have a reasonable and equal oppor- tunity to— (i) (ii) (iii) public confidence in, and public understanding of, local electoral processes through— (i) (ii) cast an informed vote: nominate 1 or more candidates: accept nomination as a candidate: the provision of a regular election cycle: the provision of elections that are managed inde- pendently from the elected body: protection of the freedom of choice of voters and the secrecy of the vote: the provision of transparent electoral systems and voting methods and the adoption of procedures that produce certainty in electoral outcomes: the provision of impartial mechanisms for resolv- ing disputed elections and polls.
(iii) (iv) (v) (2) Local authorities, electoral officers, and other electoral offi- cials must, in making decisions under this Act or any other enactment, take into account those principles specified in sub- 11 Part 1 s 5 Local Electoral Act 2001 Reprinted as at 24 January 2009 section (1) that are applicable (if any), so far as is practicable in the circumstances.

This section does not override any other provision in this Act or any other enactment.
Part 1 Preliminary provisions Interpretation In this Act, unless the context otherwise requires,— anonymous, in relation to an electoral donation (as defined in section 104), means a donation that is made in such a way that the candidate concerned does not know who made the donation census means the census of population and dwellings carried out by Statistics New Zealand under the Statistics Act 1975 Chief Registrar of Electors means the person who is the Chief Registrar as defined in section 3(1) of the Electoral Act 1993 close of nominations, 12 noon on nomination day close of voting, in relation to any election or poll, means,— (a) in relation to any election, means if booth voting is the method of voting used at the elec- tion or poll, 7 pm on polling day: if postal voting is the method of voting used at the elec- tion or poll, 12 noon on polling day: if any other method of voting is used at the election or poll, the prescribed time and day at which the period during which an elector may cast a vote at an election or poll ends (b) (c) Commission means the Local Government Commission con- tinued by section 37V of the Local Government Act 1974 or section 28 of the Local Government Act 2002 community has the same meaning as in section 5(1) of the Local Government Act 2002 community board has the same meaning as in section 5(1) of the Local Government Act 2002 (3) 5 (1) 12 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1 s 5 constituency means a constituency established under this Act and resulting from the division, for electoral purposes, of a region counting program is a computer application program used to implement the New Zealand method of counting single trans- ferable votes that must operate within a particular operating environment district means the district of a local authority; and includes a region election means election to any office in, under, or in connec- tion with any local authority, community board, or other body required by law to be filled by the election of the electors of
 any local government area elector means any person entitled under any law for the time being in force to vote at an election or poll, as the case may be, held under this Act electoral officer means a person appointed under section 12(1); and includes any person for the time being exercising all or any of the duties and powers of that person electoral official means an electoral officer, a deputy electoral officer, and any person authorised to exercise any power or perform any duty of an electoral officer under section 12(2) electoral system means any of the following electoral systems that are prescribed for use at an election or poll: (a) (b) the system commonly known as First Past the Post: the system commonly known as Single Transferable Voting (STV) using the New Zealand method of count- ing single transferable votes electronic includes electrical, digital, magnetic, optical, elec- tromagnetic, biometric, and photonic extraordinary vacancy means a vacancy occurring in any elective office except for the purpose of any triennial or other general election First Past the Post means the electoral system that is de- scribed generally in section 5A general constituency, in relation to a region, means every constituency of the region that is not a Māori constituency 13 Part 1 s 5 Local Electoral Act 2001 Reprinted as at 24 January 2009 general electoral population has the same meaning as in sec- tion 3(1) of the Electoral Act 1993 general ward, in relation to the district of a territorial author- ity, means every ward of the district that is not a Māori ward local authority means a territorial authority or regional coun- cil; and also includes any other elected or partly-elected body (other than a community board) to which this Act, or any of its predecessors, is applied or has been made to apply by any other enactment local government area means the area comprised within the jurisdiction of a local authority; and includes a subdivision of that area Māori constituency
 means a Māori constituency created in accordance with Schedule 1A Māori electoral district has the same meaning as in section 3(1) of the Electoral Act 1993 Māori electoral population has the same meaning as in sec- tion 3(1) of the Electoral Act 1993 Māori ward means a Māori ward created in accordance with Schedule 1A member of a local authority, in relation to a local authority, includes the mayor Minister means the Minister of Local Government New Zealand method of counting single transferable votes means the method of counting votes described in Schedule 1A of the Local Electoral Regulations 2001 nomination day means the 50th day before polling day official document includes any facsimile, electronic docu- ment, or electronic message created or transmitted by or to an electoral officer or other electoral official under this Act or regulations made under this Act official place means any place at which there are provided, for the time being, opportunities or facilities for members of the public to— (a) (b) (c) vote; or apply for an ordinary or special vote; or inspect the electoral roll; or 14 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1 s 5 (d) apply for enrolment or for amendment of the electoral roll; or (e) lodge nominations of candidates for an election poll means the submission to the vote of electors for decision of a proposal or the provision of opinion on a proposal or other matter, other than an election, that is required to be
 submitted under this Act or any other Act to which this Act, or any of its predecessors, is applied or has been made to apply polling day means the day on which the voting period for an election or poll ends region has the same meaning as in section 5(1) of the Local Government Act 2002 regional council has the same meaning as in section 5(1) of the Local Government Act 2002 Registrar of Electors means a person who is a Registrar as defined in section 3(1) of the Electoral Act 1993 roll or roll of electors, in
 relation to any local authority, means any list or roll made in a manner provided by law that contains the names of the persons entitled to vote at an election or poll Single Transferable Voting means the electoral system de- scribed generally in section 5B subdivision means a ward of a district of a territorial authority, a constituency of a region, or any other division of a local government area for electoral purposes or for the purposes of any poll territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002; but does not include the Minister of the Crown who is responsible for the administra- tion of that Act voting document includes, if appropriate provision for elec- tronic voting is made in regulations under this Act,— (a) an electronic document or electronic message that is de- signed to enable a voter to record his or her vote at an election or poll and transmit it electronically for count- ing; and any copy of that document or message (with or without the voter’s vote recorded); and (b) 15 Part 1 s 5 Local Electoral Act 2001 Reprinted as at 24 January 2009 (c) any record of that document or message with the voter’s vote recorded (c) (d) voting method means any of the following methods of voting that are prescribed for use at an election or poll: (a) (b) the method of voting commonly known as booth voting: the method of voting commonly known as postal vot- ing: any form of electronic voting: any method of voting involving a combination of more than 1 of the methods of voting referred to in paragraphs (a) to (c): any other method of voting (however described) (e) voting period, in relation to an election or poll, means— (a) if booth voting is the method of voting used at the elec- tion or poll, the period between 9 am and 7 pm on polling day and any earlier prescribed period: if postal voting is the method of voting used at the elec- tion or poll, the period of 22 and a half days ending with 12 noon on polling day: if any
 other method of voting is used at the election or poll, the prescribed period during which an elector may cast a vote at the election or poll (b) (c) ward means a ward established under this Act and resulting from the division, for electoral purposes, of the district of a territorial authority.
In this Act, every reference to the electoral officer is, unless the context otherwise requires, a reference to the electoral officer responsible for the conduct or undertaking of the election or poll or other thing to which the reference relates.

In this Act, every reference to an election on a specified date or day is, unless the context otherwise requires, a reference to an election, the polling day for which is on that date or day.
Compare: 1976 No 144 s 2 Section 5(1) anonymous: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) census: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Commission: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
(2) (3) 16 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1 s 5 Section 5(1) community: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) community board: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) constituency: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 5(1) counting program: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) district: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) electoral system paragraph (b): amended, on 25 December 2002, by section 4(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 5(1) First Past the Post: inserted, on 7 July 2004, by section 3(1) of the Local Electoral Amendment Act 2004 (2004 No 62).

Section 5(1) general constituency: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) general electoral population: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 5(1) general ward: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Māori constituency: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Māori electoral district: inserted, on 25 December 2002, by sec- tion 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 5(1) Māori electoral population: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Māori ward: inserted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) Meek’s method of counting votes: repealed, on 25 December 2002, by section 4(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 5(1) New Zealand method of counting single transferable votes: in- serted, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 5(1) New Zealand method of counting single transferable votes: amended, on 7 July 2004, by section 3(2) of the Local Electoral Amendment Act 2004 (2004 No 62).

Section 5(1) region: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 5(1) regional council: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 5(1) Single Transferable Voting: inserted, on 7 July 2004, by section 3(3) of the Local Electoral Amendment Act 2004 (2004 No 62).

Section 5(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
17 Part 1 s 5A Local Electoral Act 2001 Reprinted as at 24 January 2009 Section 5(1) ward: added, on 25 December 2002, by section 4(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
5A General description of First Past the Post electoral system For local electoral purposes, the First Past the Post electoral system,— (a) in the case of an election, has the following features: (i) voters may cast as many votes as there are pos- itions to be filled: (ii) where a single position is to be filled, the candi- date who receives the highest number of votes is elected: (iii) where more than 1 position is to be filled, the candidates equal to the number of positions who receive the highest number of votes are elected: in the case of a poll, has the features specified in para- graph (a) as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that are the subject of the poll.
(b) Section 5A: inserted, on 7 July 2004, by section 4 of the Local Electoral Amend- ment Act 2004 (2004 No 62).
5B General description of Single Transferable Voting electoral system For local electoral purposes, the Single Transferable Voting electoral system,— (a) in the case of an election for multi-member vacancies, has the following features: (i) voters express a first preference for 1 candidate and may express second and further preferences for other candidates: a quota for election is calculated from the number of votes and positions to be filled: the first preferences are counted and any candi- date whose first preference votes equal or exceed the quota is elected: if insufficient candidates are elected under sub- paragraph (iii), the proportion of an elected can- (ii) (iii) (iv) 18 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1 s 5B didate’s votes above the quota is redistributed ac- cording to voters’ further preferences, and— (A) candidates who then reach the quota are elected; and the candidate with the fewest votes is ex- cluded: (B) (v) (vi) the excluded candidate’s votes are redistributed according to voters’ further preferences: if insufficient candidates are elected under sub- paragraphs (iv) and (v), the steps described in subparagraphs (iv) and (v) are repeated until all positions are filled: (b) in the case of an election for a mayoral or single member vacancy, has the following features: (i) voters express a first preference for 1 candidate and may express second and further preferences for other candidates: an absolute majority of votes for election is cal- culated from the number of
 votes and positions to be filled: the first preferences are counted and, if a can- didate’s first preference votes equal or exceed the absolute majority of votes, that candidate is elected: if no candidate is elected under subparagraph (iii), the candidate with the fewest votes is excluded and that candidate’s votes are redis- tributed according to voters’ further preferences: if no candidate is elected under subparagraph (iv), the steps described in subparagraph (iv) are repeated until a candidate is elected: (ii) (iii) (iv) (v) (c) in the case of a poll, has the features specified in para- graphs (a) and (b) as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that are the subject of the poll.
Section 5B: inserted, on 7 July 2004, by section 4 of the Local Electoral Amend- ment Act 2004 (2004 No 62).

19 Part 1 s 6 Local Electoral Act 2001 Reprinted as at 24 January 2009 6 7 Act binds Crown This Act binds the Crown.
Application This Act applies to— (a) (b) every election of the mayor of a territorial authority; and every election of 1 or more members of a territorial au- thority; and every election of 1 or more members of a regional coun- cil; and every election of 1 or more members of a community board; and every election of 1 or more members of a licensing trust; and every election of 1 or more members of a district health board; and any other election to which this Act, or its predecessors, is applied by any other Act, to the extent provided in that Act; and every poll required by any Act to be taken under this Act, or its predecessors; and any other election conducted as a consequence of a di- rection under section 8; and any referendum deemed to be a poll by section 9.
(c) (d) (e) (f) (g) (h) (i) (j) Holding of other elections 8 (1) A local authority may direct the electoral officer to conduct an election (whether on behalf of some other person or body or otherwise) that is not required to be held under this or any other Act.

(2) More than 1 election may be conducted as a consequence of a direction under this section at the same time.
(3) An election conducted as a consequence of a direction under this section may be conducted in conjunction with any other election or poll, or separately.

(4) An election conducted as a consequence of a direction under this section is an election to which this Act applies.
20 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1 s 9 (5) This section does not prevent a local authority from directing the conduct of an election otherwise than under this section on behalf of some other person or body, if that election is con- ducted separately from any other election or poll.
Holding of referendum 9 (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 pro- vided by the local authority; or any policy or intended policy of the local author- ity; or (b) any proposal relating to— (i) the current or future activities or objectives of the local authority; or the current or future well-being of its local gov- ernment area.
(ii) (ii) (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 referen- dum for all or the appropriate electors of the local gov- ernment 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 direc- tion under this section in conjunction with any other election or poll, or separately.

(5) A referendum conducted as a consequence of a direction under (6) this section is a poll to which this Act applies.
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.
21 Part 1 s 10 Local Electoral Act 2001 Reprinted as at 24 January 2009 (7) The result of any referendum conducted as a consequence of a direction under this section is not binding on the local au- thority unless it resolves otherwise or any enactment provides otherwise.

10 (1) Triennial general election The next triennial general election of members of every local authority and community board is on 13 October 2001.
(2) A general election of members of every local authority or com- munity board must be held on the second Saturday in October in every third year after the general election referred to in sub- section (1).
Compare: 1976 No 144 s 4 Triennial general election not necessary in certain cases Despite section 10, if a general election of any local authority or community board is held within 12 months before the date of a triennial general election under that section, a triennial general election must not be held for that local authority or community board.
Compare: 1976 No 144 s 5 Officials Electoral officer For every local authority there must at all times be an electoral officer appointed by the local authority to exercise the powers and carry out the duties conferred on the electoral officer by this Act and any other enactment, in relation to that local au- thority.
The electoral officer may— (a) delegate to any person or class of persons any power or duty under this Act or regulations made under this Act (except this power of delegation): appoint or engage any person or class of persons for the purposes of carrying out any of those powers or duties.

(3) An electoral officer, unless he or she dies, resigns, is dismissed from office, or becomes incapable of acting, remains in office until his or her successor comes into office.
(b) 11 12 (1) (2) 22 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1 s 14 13 (1) (2) (3) Deputy electoral officer Every electoral officer must appoint a deputy electoral officer.

The deputy electoral officer must act as electoral officer if the electoral officer dies, resigns, is dismissed from office, or be- comes incapable of acting, and must continue to act until— (a) (b) the electoral officer is again capable of acting; or a new electoral officer is appointed and comes into of- fice.
The deputy electoral officer has all the powers of the electoral officer and must carry out the duties of the electoral officer while the deputy is acting as the electoral officer.
14 Rules applying to electoral officers, deputy electoral officers, and other electoral officials (1) An electoral officer, deputy electoral officer, or other electoral official is not subject to the directions of any local authority or community board in the exercise of powers or the carrying out of duties under this Act or regulations made under this Act.
(2) An electoral officer, deputy electoral officer, or other electoral official must not exercise any powers or carry out any duties under this Act or any regulations made under this Act unless he or she has made a declaration containing the prescribed details and the declaration is current.
For the purposes of subsection (2), a declaration is current until,— (a) (3) in the case of a declaration made on or after 1 February in the year in which a triennial general election is to be held, the close of 31 January in the third year after the year in which the declaration is made: in the case of a declaration made at any other time, the close of 31 January in the year in which the next trien- nial general election is to be held.
(b) (4) A person must not be appointed or act as electoral officer, deputy electoral officer, or other electoral official if that person is— (a) (b) a candidate in any election to be conducted; or a member of any local authority or community board for whom an election or poll is to be conducted.
23 Part 1 s 15 Local Electoral Act 2001 Reprinted as at 24 January 2009 (5) (6) The chief executive of a local authority (however described) must not be appointed or act as an electoral officer, deputy electoral officer, or other electoral official, unless the local au- thority concerned is satisfied that no other course of action is reasonably practicable in the circumstances.

Subsection (1) is subject to section 8(1) and section 9(1).
Section 14(5): amended, on 25 December 2002, by section 5 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

Duties of electoral officers General duties of electoral officer 15 (1) An electoral officer is responsible for conducting every elec- tion or poll— (a) (b) falling within the description of the type of election or poll he or she was appointed to conduct; and to be held or taken within the local government area for which he or she was appointed to conduct elections and polls.
(c) (2) An electoral officer is responsible, in accordance with the pro- visions of this Act and regulations made under this Act, for— the compilation and certification of electoral rolls: (a) the publication of any public notice relating to elections (b) and polls and the calling of nominations, required to be given: receiving nominations, candidate profile statements, and deposits required to be paid: issuing and receiving ordinary and special votes and other official documents: the processing and counting of votes: the declaration of results: receiving returns of electoral expenses: investigating possible offences and reporting alleged of- fences to the Police.
(e) (f) (g) (h) (d) (3) (4) The electoral officer has all the powers and duties conferred on the electoral officer by this Act or any other enactment.

Subsections (1) and (2) are subject to sections 16 to 19.
24 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1 s 18 16 17 18 Conduct of elections and polls for territorial authorities and community boards Every election of 1 or more members of a territorial authority and its community boards (if any) or poll of electors of that territorial authority or those community boards must be con- ducted by an electoral officer as provided in section 15.
Compare: 1976 No 144 s 5B(1) Conduct of elections and polls for local authorities that are not territorial authorities Every election of 1 or more members of a local authority that is not a territorial authority by the electors of a local govern- ment area or poll of those electors must be conducted by the electoral officer for the local authority as provided in section 15 and either section 18 or section 19.
Conduct of election or poll in conjunction with other election or poll If section 17 applies, and the election of 1 or more members of a local authority that is not a territorial authority or a poll of the electors of that authority is to be conducted in conjunction with the election of 1 or more territorial authorities in the same local government area, for the purposes of the election of members of the local authority that is not a territorial authority or the poll of electors of that authority,— (a) the electoral roll for the election or poll comprises the relevant part or parts of the electoral roll or rolls com- piled by the electoral officer or officers of the territorial authority or authorities that are wholly or partly within the local government area of the local authority that is not a territorial authority and the relevant details of any other person qualified to vote at the election or poll; and it is not necessary for the electoral officer of the local authority that is not a territorial authority to compile and certify that electoral roll; and the electoral officer or officers of the territorial authority or authorities that are wholly or partly within the local government area of the local authority that is not a ter- ritorial authority are responsible for— (b) (c) 25 Part 1 s 19 Local Electoral Act 2001 Reprinted as at 24 January 2009 (i) (ii) (iii) issuing and receiving ordinary and special votes and other official documents; and carrying out any power or duty delegated to that officer or officers under section 12(2)(a); or carrying out any power or duty that the officer or officers have been appointed or engaged to carry out under section 12(2)(b); and if any electors at the election or poll are in a local gov- ernment area that is not within the district of a territorial authority, the duties referred to in paragraph (c) must, in respect of those electors, be carried out by one of the electoral officers referred to in that paragraph appointed by the local authority for whom the election is held or poll is taken.
(d) Section 18(c): substituted, on 7 July 2004, by section 5 of the Local Electoral Amendment Act 2004 (2004 No 62).
Conduct of separate election or poll If section 17 applies, but the election of 1 or more members of a local authority that is not a territorial authority or the poll of the electors of that authority is not to be conducted in conjunction with an election of members of any territorial authority or a poll of electors of that authority, the electoral officer of the local authority that is not a territorial authority may— carry out all duties required by section 15(2); or (a) require the electoral officer or electoral officers of the (b) territorial authorities wholly or partly within the local government area of the local authority that is not a ter- ritorial authority to take responsibility for carrying out any duty delegated to that person under section 12(2) by the electoral officer of the local authority for whom the election or poll is held or taken.
If any of the electors at the election or poll are in a local gov- ernment area that is not within the district of a territorial au- thority and subsection (1)(b) applies, the duties referred to in subsection (1)(b) must, in respect of those electors, be carried out by one of the electoral officers referred to in that paragraph, appointed by the local authority for whom the election is held or poll is taken.
19 (1) (2) 26 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19A Duties of programmers and certifiers Heading: inserted, on 7 July 2004, by section 6 of the Local Electoral Amend- ment Act 2004 (2004 No 62).
19AA Duties of programmers Every person responsible for the design of a counting program intended to implement the New Zealand method of counting single transferable votes must take all reasonable steps to en- sure that the program produces outcomes that are consistent with the process specified in Schedule 1A of the Local Elect- oral Regulations 2001.

Section 19AA: inserted, on 7 July 2004, by section 6 of the Local Electoral Amendment Act 2004 (2004 No 62).
19AB Duties of certifiers A counting program may not be used at an election or poll under this Act, for the purpose of implementing the New Zealand method of counting single transferable votes, unless a certifier appointed for the purpose by the Secretary for Local Government has first certified that the program produces outcomes that are consistent with the process specified in Schedule 1A of the Local Electoral Regulations 2001.
Section 19AB: inserted, on 7 July 2004, by section 6 of the Local Electoral Amendment Act 2004 (2004 No 62).

Part 1A Representation arrangements for elections of territorial authorities, regional councils, and community boards Part 1A: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19A Membership of territorial authorities Every governing body of a territorial authority is to consist of not fewer than 6 members nor more than 30 members, includ- ing the mayor, who are the members of the territorial authority.

Compare: 1974 No 66 s 101C Section 19A: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
27 Part 1A s 19B Local Electoral Act 2001 Reprinted as at 24 January 2009 (2) 19B Basis of election of mayor of territorial authority (1) The mayor of a territorial authority is to be elected by the elect- ors of the district as a whole.

The election of the mayor is to be held at the same time as the general election of the other members of the territorial author- ity.

Section 19B: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19C Basis of election of members of territorial authority (1) A district of a territorial authority may be divided into wards (2) (3) (4) (5) for electoral purposes.

If a district is divided into wards, some of the members of the territorial authority may be elected by the electors of the district as a whole, but, in that case, the other members of the territorial authority must be elected by the electors of each ward of the district.

Each ward must elect at least 1 member of the territorial au- thority.
If a district is not divided into wards, the members of the ter- ritorial authority must be elected by the electors of the district as a whole.

If a district is divided into wards, each member of the territorial authority representing a ward must be elected by the electors of that ward.

Compare: 1974 No 66 ss 101D(1), (3), 101E(1), (3), (4) Section 19C: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19D Membership of regional councils Every governing body of a regional council is to consist of not fewer than 6 members nor more than 14 members, who are the members of the regional council.

Compare: 1974 No 66 s 101CA Section 19D: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
28 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19F 19E Basis of election of members of regional council (1) A region must be divided into constituencies for electoral pur- (2) (3) (4) (5) poses.

The members of a regional council must be elected by the electors of each constituency of the region.

The members of a regional council may not be elected partly by the electors of the region and partly by the electors of each constituency of the region.
Each constituency must elect at least 1 member of the regional council.

The members of the regional council representing the respect- ive constituencies of the region must be elected by the electors of those constituencies respectively.

Compare: 1974 No 66 ss 101D(2), (3), 101E(1), (2) Section 19E: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19F Membership of community boards (1) Every community board— (a) (2) (3) is to consist of not fewer than 4 members nor more than 12 members; and is to include at least 4 elected members; and (b) (c) may include appointed members.

The number of appointed members is to be less than half the total number of members.
The persons who are appointed under subsection (1)(c) as members of the community board must— (a) be members of, and must be appointed by, the territorial authority for the district in respect of which the commu- nity is constituted; and if the territorial authority is divided into wards, also be members of the territorial authority representing a ward in which the community is situated.
(b) Compare: 1974 No 66 s 101ZQ(1), (2), (5) Section 19F: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).

29 Part 1A s 19G Local Electoral Act 2001 Reprinted as at 24 January 2009 (2) (3) (4) (5) 19G Basis of election of members of community board (1) The part of a district in respect of which a community is con- stituted may be subdivided for electoral purposes.

Each subdivision must elect at least 1 member of the commu- nity board.
If a community comprises 2 or more whole wards, the elected members of the community board may be elected by the elect- ors of each ward.

If the community is not subdivided for electoral purposes, the members of the community board must, unless they are to be elected in accordance with subsection (3), be elected by the electors of the community as a whole.
If a community is subdivided for electoral purposes or if the members of the community board are to be elected in accord- ance with subsection (3),— (a) each member of the community board who represents a subdivision must be elected by the electors of the sub- division; and each member of the community board who represents a ward must be elected by the electors of that ward.
(b) Compare: 1974 No 66 s 101E(5) Section 19G: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19H Review of representation arrangements for elections of territorial authorities (1) A territorial authority must determine by resolution, and in accordance with this Part,— (a) whether the members of the territorial authority (other than the mayor) are proposed to be elected— (i) (ii) (iii) by the electors of the district as a whole; or by the electors of 2 or more wards; or in some cases by the electors of the district as a whole and in the other cases by the electors of each ward of the district; and (b) (c) in any case to which paragraph (a)(i) applies, the pro- posed number of members to be elected by the electors of the district as a whole; and in any case to which paragraph (a)(iii) applies,— 30 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19I (i) (ii) the proposed number of members to be elected by the electors of the district as a whole; and the proposed number of members to be elected by the wards of the district; and (d) in any case to which paragraph (a)(ii) or paragraph (a)(iii) applies,— (i) the proposed name and the proposed boundaries of each ward; and the number of members proposed to be elected by the electors of each ward.
(ii) (2) (3) The determination required by subsection (1) must be made by a territorial authority,— (a) (b) on the first occasion, either in 2003 or in 2006; and subsequently, at least once in every period of 6 years after the first determination.

This section must be read in conjunction with section 19ZH and Schedule 1A.

Compare: 1974 No 66 s 101H(1) Section 19H: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19I Review of representation arrangements for elections of regional councils (1) A regional council must determine by resolution, and in ac- cordance with this Part,— (a) (b) the proposed number of constituencies; and the proposed name and the proposed boundaries of each constituency; and the number of members proposed to be elected by the electors of each constituency.
(c) (2) (3) The determination required by subsection (1) must be made by the regional council,— (a) (b) on the first occasion, either in 2003 or in 2006; and subsequently, at least once in every period of 6 years after the first determination.

This section must be read in conjunction with section 19ZH and Schedule 1A.
Compare: 1974 No 66 s 101H(2) 31 Part 1A s 19J Local Electoral Act 2001 Reprinted as at 24 January 2009 Section 19I: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19J Review of community boards (1) A territorial authority must, on every occasion on which it passes a resolution under section 19H, determine by that reso- lution, and in accordance with this Part, not only the matters referred to in that section but also whether, in light of the prin- ciple set out in section 4(1)(a) (which relates to fair and effect- ive representation for individuals and communities),— (a) there should be communities and community boards; and if so resolved, the nature of any community and the structure of any community board.
(b) (2) The resolution referred to in subsection (1) must, in particular, determine— (a) whether 1 or more communities should be constituted: (b) whether any community should be abolished or united (c) with another community: whether the boundaries of a community should be al- tered: (e) (d) whether a community should be subdivided for elect- oral purposes or whether it should continue to be subdi- vided for electoral purposes, as the case may require: whether the boundaries of any subdivision should be altered: the number of members of any community board: the number of members of a community board who should be elected and the number of members of a com- munity board who should be appointed: (f) (g) (h) whether the members of a community board who are proposed to be elected are to be elected— (i) (ii) (iii) by the electors of the community as a whole; or by the electors of 2 or more subdivisions; or if the community comprises 2 or more whole wards, by the electors of each ward: in any case to which paragraph (h)(ii) applies,— (i) the proposed name and the proposed boundaries of each subdivision; and (i) 32 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19L (ii) the number of members proposed to be elected by the electors of each subdivision.
(3) Nothing in this section limits the provisions of section 19F.

Compare: 1974 No 66 s 101ZR(3) Section 19J: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19K Requirements for resolution (1) Every resolution specified in subsection (3) must include or be accompanied by a description of each proposed ward, con- stituency, community, or subdivision, and its proposed bound- aries, so as to make each proposed ward, constituency, com- munity, or subdivision readily identifiable to the public.
If any resolution under section 19H or section 19I or section 19J proposes any change to the basis of election, membership, or ward, constituency, community, or subdivision boundaries which applied at the last triennial general election of mem- bers of the territorial authority, regional council, or commu- nity board, that resolution must include an explanation of the reasons for the proposed change.
Subsection (1) applies to every resolution under section 19H(1)(a)(ii) or section 19H(1)(a)(iii) or section 19I(1) or section 19J(2)(a) or section 19J(2)(b) or section 19J(2)(c) or section 19J(2)(d) or section 19J(2)(e) or section 19J(2)(h)(iii).

Compare: 1974 No 66 s 101H(3), (4) (2) (3) Section 19K: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19L Distribution of copies of resolution If a territorial authority or regional council makes a resolution under section 19H or section 19I or section 19J, that territorial authority or regional council must, as soon as practicable after making that resolution,— (a) send a copy of that resolution to— the Commission; and (i) the Surveyor-General; and (ii) the Government Statistician; and (iii) the Higher Salaries Commission or the Remuner- (iv) ation Authority.
33 Part 1A s 19M Local Electoral Act 2001 Reprinted as at 24 January 2009 (b) (c) in the case of a resolution made by a regional council, send a copy of that resolution to every territorial author- ity whose district or a part of whose district is within the region; and in the case of a resolution made by a territorial authority, send a copy of that resolution to any regional council for a region in which the district of the territorial authority or any part of that district is situated.
Compare: 1974 No 66 s 101I Section 19L: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19M Public notice of proposals and responsibilities in relation to submissions (1) A territorial authority or regional council that makes a reso- lution under section 19H or section 19I or section 19J must, within 14 days after making the resolution (but, in the year im- mediately before the year of a triennial general election, not later than 8 September), give public notice of the proposals contained in the resolution.
The public notice must— (a) (2) (b) (c) (d) include a statement about how persons interested in the proposals may inspect the full proposals; and specify the communities of interest considered by the territorial authority or regional council as required by section 19T and section 19V or, as the case may require, section 19U and section 19V; and specify the ratio of population to proposed members for each proposed ward (if any) or constituency or sub- division (if any), and the reasons for those proposals in terms of section 19V(2) and, if applicable, section 19V(3); and specify a period of not less than 1 month from the date of the first or only publication of the notice within which persons interested in the resolution may make submis- sions on the resolution to the territorial authority or re- gional council.
(3) A territorial authority or regional council to whom subsection (1) applies must— 34 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19N (a) (b) (c) (d) ensure that any person who makes a submission on the proposal within the period referred to in subsection (2)(d)— (i) is sent a written notice acknowledging receipt of that person’s submission; and is given a reasonable opportunity to be heard by the territorial authority or regional council (if that person so requests); and (ii) ensure that the notice given to a person under paragraph (a) contains information— (i) advising that person of that person’s opportunity to be heard; and explaining how that person may exercise that per- son’s opportunity to be heard; and (ii) ensure that, except as otherwise provided by Part 7 of the Local Government Official Information and Meet- ings Act 1987, every meeting at which submissions on a resolution referred to in subsection (1) are heard or at which the territorial authority or regional council delib- erates on the proposal is open to the public; and subject to the Local Government Official Information and Meetings Act 1987, make all written submissions on a resolution of that kind available to the public.
Compare: 1974 No 66 s 101J(1) Section 19M: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19N Response to submissions (1) The territorial authority or regional council must, within 6 weeks after the end of the period allowed for the making of submissions and specified in the notice given under section 19M,— (a) consider all submissions received and may, by reso- lution, make such amendments to the resolution made under section 19H or section 19I or section 19J, as the case may be, as it thinks fit; and give public notice of its proposals.
(b) The public notice must— (2) 35 Part 1A s 19O Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (b) (c) (d) incorporate any amendments resolved under subsection (1)(a); and state both the reasons for the amendments and the rea- sons for any rejection of submissions; and specify the right of appeal conferred by section 19O, including the place and closing date for the receipt of appeals; and if the territorial authority or regional council has amended its proposals under subsection (1)(a), spe- cify the right of objection conferred by section 19P, including the place and closing date for the receipt of objections.
(3) The territorial authority or regional council by which the pub- lic notice was given must— (a) send a copy of that notice to— (i) (ii) (iii) (iv) the Commission; and the Surveyor-General; and the Government Statistician; and the Higher Salaries Commission or the Remuner- ation Authority.
(b) (c) if that notice was given by a territorial authority, send a copy of that notice to any regional council for a region in which the district of the territorial authority or any part of that district is situated; and if that notice was given by a regional council, send a copy of that notice to every territorial authority whose district or a part of whose district is within the region.
Compare: 1974 No 66 s 101J(3), (6) Section 19N: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19O Appeals (1) Any person who or organisation (including a community board) that has made submissions on a resolution made under section 19H or section 19I or section 19J may lodge a written appeal against the decision of the territorial authority or regional council at the principal office of the territorial authority or regional council on or before the date specified in the public notice of that decision.
36 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19Q (2) That date— (a) must not be earlier than 1 month after the date of the first or only publication of the public notice; and (b) must not, in a year immediately before the year of a triennial general election, be later than 20 December.

(3) An appeal lodged under this section— (a) must identify the matters to which the appeal relates: (b) may raise only those matters that were raised in the ap- pellants’ submissions.
Compare: 1974 No 66 s 101J(4) Section 19O: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19P Objections (1) If the territorial authority or regional council has, under sec- tion 19N(1)(a), amended the resolution made by it under sec- tion 19H or section 19I or section 19J, any interested person or organisation (including a community board) may lodge a writ- ten objection to the amended resolution at the principal office of the territorial authority or regional council on or before the date specified in the public notice, which date must be the same date as that specified for the closing of receipt of appeals under section 19O.
(2) An objection lodged under this section must identify the mat- ters to which the objection relates.

Compare: 1974 No 66 s 101J(5) Section 19P: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19Q Obligation to forward appeals and objections to Commission If the territorial authority or regional council receives any ap- peal under section 19O or any objection under section 19P, the territorial authority or regional council must, as soon as prac- ticable, but, in the year of a triennial general election, in no case later than 15 January, forward to the Commission— (a) the resolution made under section 19H or section 19I or section 19J and any resolution made under section 19N(1)(a) that made amendments to the resolution 37 Part 1A s 19R Local Electoral Act 2001 Reprinted as at 24 January 2009 (b) (c) (d) (e) made under section 19H or section 19I or section 19J; and a copy of the public notice given under section 19N(1)(b); and every submission made to the territorial authority or re- gional council on the resolution made by the territorial authority or regional council under section 19H or sec- tion 19I or section 19J; and every appeal and objection received by the territorial authority or regional council under section 19O or sec- tion 19P; and such information concerning the communities of inter- est and population of the district or region or commu- nity, or any proposed ward or constituency or subdiv- ision, as is held by the territorial authority or regional council and is necessary for the purposes of section 19R.
Compare: 1974 No 66 s 101J(7) Section 19Q: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19R Commission to determine appeals and objections (1) The Commission must— (a) (b) consider the resolutions, submissions, appeals, objec- tions, and information forwarded to it under section 19Q; and subject to sections 19T and 19V in the case of a territor- ial authority, and to sections 19U and 19V in the case of a regional council, determine,— (i) in the case of a territorial authority that has made a resolution under section 19H, the matters spe- cified in that section: in the case of a regional council that has made a resolution under section 19I, the matters speci- fied in that section: in the case of a territorial authority that has made a resolution under section 19J, the matters speci- fied in that section.
(ii) (iii) For the purposes of making a determination under subsection (1)(b), the Commission— (2) 38 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19S (a) may make any enquiries that it considers appropriate; and (b) may hold, but is not obliged to hold, meetings with the territorial authority or regional council or any persons who have lodged an appeal or objection and have indi- cated a desire to be heard by the Commission in relation to that appeal or objection.
The Commission must, before 11 April in the year of a trien- nial general election, complete the duties it is required to carry out under subsection (1).

Compare: 1974 No 66 s 101K(1), (2) Section 19R: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
(3) 19S Determination of Commission (1) Notice in writing of every determination made under section 19R(1)(b), setting out the reasons for the determination, must be given by the Commission to the territorial authority or re- gional council concerned, and by public notice.
(2) As soon as practicable after the publication of a public notice under subsection (1), the Commission must send a copy of that notice to— (a) (b) (c) the Surveyor-General; and the Government Statistician; and the Higher Salaries Commission or the Remuneration Authority; and the Secretary for Local Government.
(d) Subject to Part 2AA of the Local Government Act 1974 or Schedule 5 of the Local Government Act 2002, the determin- ation of the Commission made under section 19R(1)(b) is final and comes into force for the next triennial general election, and continues in effect until a subsequent determination under this Part comes into effect.

Compare: 1974 No 66 s 101K(3)–(5) (3) Section 19S: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
39 Part 1A s 19T Local Electoral Act 2001 Reprinted as at 24 January 2009 19T Requirement for effective representation and other factors in determination of membership and basis of election of territorial authorities In determining the matters specified in paragraphs (a) to (d) of section 19H(1), the territorial authority and, where appropri- ate, the Commission must ensure— (a) that the election of members of the territorial authority (other than the mayor), in one of the ways specified in subparagraphs (i) to (iii) of section 19H(1)(a), will pro- vide effective representation of communities of interest within the district; and that ward boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and that, so far as is practicable, ward boundaries coincide with community boundaries.
(b) (c) Compare: 1974 No 66 s 101L(2), (4) Section 19T: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19U Requirement for effective representation and other factors in determination of membership and basis of election of regional council In determining the matters specified in paragraphs (a) to (c) of section 19I(1), the regional council and, where appropriate, the Commission must ensure— (a) that the number and boundaries of constituencies will provide effective representation of communities of in- terest within the region; and that constituency boundaries coincide with the bound- aries of the current statistical meshblock areas deter- mined by Statistics New Zealand and used for parlia- mentary electoral purposes; and that, so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards.
(b) (c) Compare: 1974 No 66 s 101L(1) Section 19U: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
40 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19V (1) 19V Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions In determining the number of members to be elected by the electors of any ward or constituency or subdivision, the ter- ritorial authority or regional council and, where appropriate, the Commission must ensure that the electors of the ward or constituency or subdivision receive fair representation, having regard to the population of every district or region or commu- nity and every ward or constituency or subdivision within the district or region or community.
For the purposes of giving effect to subsection (1), the terri- torial authority or regional council and, where appropriate, the Commission must ensure that the population of each ward or constituency or subdivision, divided by the number of mem- bers to be elected by that ward or constituency or subdivision, produces a figure no more than 10% greater or smaller than the population of the district or region or community divided by the total number of elected members (other than members elected by the electors of a territorial authority as a whole, if any, and the mayor, if any).
(2) (3) Despite subsection (2),— (a) (b) if the territorial authority or the Commission considers that the effective representation of communities of in- terest within island communities or isolated communi- ties situated within the district of the territorial author- ity so requires, wards and subdivisions of a community may be defined and membership distributed between them in a way that does not comply with subsection (2): if the regional council or the Commission considers that effective representation of communities of interest so requires, constituencies may be defined and member- ship distributed between them in a way that does not comply with subsection (2).
(4) A regional council that decides under subsection (3)(b) not to comply with subsection (2) must refer that decision to the Commission together with the information specified in section 19Q(a) to (e).
41 Part 1A s 19W Local Electoral Act 2001 Reprinted as at 24 January 2009 (5) A reference under subsection (4) must be treated as if it were an appeal against the decision of the regional council, for the purposes of sections 19R (other than subsection (1)(b)), 19S, and 19Y, which apply with any necessary modifications.
(6) On receiving a reference under subsection (4), the Commis- sion must determine, under section 19R(1), whether— to uphold the decision of the regional council; or (a) to alter that decision.

(b) Compare: 1974 No 66 s 101L(3) Section 19V: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 19V(2): amended, on 7 July 2004, by section 7 of the Local Electoral Amendment Act 2004 (2004 No 62).
19W Factors in determination of matters in relation to community boards In determining the matters specified in paragraphs (a) to (i) of section 19J(2), the territorial authority and, where appropriate, the Commission must ensure— (a) that, in the case of the matters specified in paragraphs (a) to (g) of section 19J(2), it has regard to such of the criteria as apply to reorganisation proposals under the Local Government Act 1974 or the Local Government Act 2002 as the territorial authority or the Commission considers appropriate in the circumstances; and that the election of members of the community board, in one of the ways specified in subparagraphs (i) to (iii) of section 19J(2)(h), will provide effective representation of communities of interest within the community and fair representation of electors; and that the boundaries of every community, and of every subdivision of a community, coincide with the bound- aries of the current statistical meshblock areas deter- mined by Statistics New Zealand and used for parlia- mentary electoral purposes.
Compare: 1974 No 66 ss 101ZH(2), 101ZL (b) (c) Section 19W: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
42 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19Y 19X Certificate of Government Statistician (1) For the purposes of sections 19H to 19W, the certificate of the Government Statistician as to the population of any region, district, constituency, ward, community, or subdivision or any proposed constituency, ward, community, or subdivision is to be— (a) a certificate of the ordinarily resident population as shown by the figures for the most recently published census (other than the figures for a census carried out in the year before a triennial general election of a territorial authority or regional council or the year in which such an election is to be held); or a certificate of the ordinarily resident population as as- sessed by the Government Statistician at any later date assessed by the Government Statistician.
(b) (2) Every territorial authority and every regional council must supply to the Government Statistician such information as may be required by the Government Statistician concerning the def- inition of any area to which any certificate of the kind referred to in subsection (1) is to relate.

Compare: 1974 No 66 s 101L(5) Section 19X: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19Y When determinations take effect (1) If there are no submissions on the proposal publicly notified under section 19M by a territorial authority or regional coun- cil, or if there are no appeals against, or objections to, a reso- lution publicly notified under section 19N(1) by a territorial authority or a regional council, the proposal or amended pro- posal, as the case may be, becomes the basis for election at the next triennial general election of the territorial authority or regional council or community board, and continues in effect until a subsequent determination under this Part comes into ef- fect, and the territorial authority or regional council must give public notice accordingly of that basis for election.
(2) As soon as practicable after the publication of a public notice under subsection (1), the territorial authority or regional coun- cil by which that notice was given must— 43 Part 1A s 19Y Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (b) send a copy of that notice to— (i) (ii) (iii) (iv) the Commission; and the Surveyor-General; and the Government Statistician; and the Higher Salaries Commission or the Remuner- ation Authority; and (v) the Secretary for Local Government; and if that notice was given by a territorial authority, send a copy of that notice to any regional council for a region in which the district of the territorial authority or a part of that district is situated; and if that notice was given by a regional council, send a copy of that notice to every territorial authority whose district or a part of whose district is within the region.
If a territorial authority or a regional council has, under subsec- tion (1), or the Commission has, under section 19S(1), given public notice of the basis of election for the next triennial gen- eral election for a territorial authority or regional council or community board, no such basis has effect unless— (a) (c) a description or plan of each ward or constituency or community or subdivision has been sent to the Sur- veyor-General; and the Surveyor-General, or a person appointed by the Sur- veyor-General, certifies that the description or plan is sufficient to render the boundaries of each ward or con- stituency or community or subdivision capable of iden- tification.
(b) If the description of any ward or constituency or community or subdivision to which subsection (3) applies is defective, but the Surveyor-General, or a person appointed by the Sur- veyor-General, certifies that it can be amended and the defect overcome without making any change in what was evidently intended to be the area comprised in the description, the de- scription— (a) may be so amended by resolution; and (b) if so amended, has effect as if the provisions of subsec- tion (3) had been complied with.
The territorial authority or regional council must reimburse the Commission for any costs incurred by the Commission (3) (4) (5) 44 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19Z (6) in obtaining the certificate required by subsection (3) or must meet the cost of the production of that certificate if required to do so by the Surveyor-General.
The following provisions apply to every determination of the Commission under this section: (a) it is to come into force at the next triennial general elec- tion, except so far as may be necessary to provide for that election; and a copy must be kept at the office of the territorial au- thority or regional council, and must be available for inspection without fee by any person during normal of- fice hours.
Compare: 1974 No 66 s 101M (b) Section 19Y: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).

Māori wards and Māori constituencies Heading: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19Z Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies (1) Any territorial authority may resolve that the district be di- vided into 1 or more Māori wards for electoral purposes.

(2) Any regional council may resolve that the region be divided into 1 or more Māori constituencies for electoral purposes.
(3) A resolution under this section,— (a) (b) (c) if made after a triennial general election but no later than 23 November of the year that is 2 years before the next triennial general election, takes effect, subject to paragraph (c), for the purposes of the next triennial general election of the territorial authority or regional council; and in any other case, takes effect, subject to paragraph (c), for the purposes of the next but one triennial general election; and in either case, takes effect for 2 triennial general elec- tions of the territorial authority or regional council, and 45 Part 1A s 19ZA Local Electoral Act 2001 Reprinted as at 24 January 2009 any associated election, and continues in effect after that until either— (i) a further resolution under this section takes ef- fect; or a poll of electors of the territorial authority or regional council held under section 19ZF takes effect.
(ii) (4) (5) This section is subject to section 19ZE and to clauses 2(5) and 4(4) of Schedule 1A.
In this section and in sections 19ZB to 19ZG, associated elec- tion, in relation to any 2 successive triennial general elections of a territorial authority or regional council, means— (a) any election to fill an extraordinary vacancy in the mem- bership of the body concerned that is held— (i) (ii) between those elections; or after the second of those elections but before the subsequent triennial general election: (b) an election of the members of the body concerned under section 255(1)(b) or Schedule 15 of the Local Govern- ment Act 2002 that is held— (i) (ii) between those elections; or after the second of those elections but before the subsequent triennial general election.
Section 19Z: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 19Z(4): amended, on 28 June 2006, by section 4 of the Local Electoral Amendment Act 2006 (2006 No 25).
19ZA Public notice of right to demand poll (1) A territorial authority or regional council that passes a reso- lution under section 19Z must give public notice, not later than the required date, of the right to demand, under section 19ZB, a poll on the question whether,— (a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or in the case of a regional council, the region should be divided into 1 or more Māori constituencies.
(b) The public notice under subsection (1) must include— notice of the resolution under section 19Z; and (a) (2) 46 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19ZC (b) a statement that a poll is required to countermand that resolution.
(3) In subsection (1), required date means,— (a) in the case of a resolution under section 19Z that is made after a triennial general election but not later than 23 November of the year that is 2 years before the next triennial general election, 30 November in that year: in the case of a resolution under section 19Z that is made at some other time, the date that is 7 days after the date of the resolution.

(b) (4) This section is subject to section 19ZE.


Section 19ZA: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
19ZB Electors may demand poll (1) A specified number of electors of a territorial authority or re- gional council may, at any time, demand that a poll be held on the question whether,— (a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or in the case of a regional council, the region should be divided into 1 or more Māori constituencies.

(b) (2) (3) This section is subject to section 19ZE.
In this section and sections 19ZC and 19ZD,— demand means a demand referred to in subsection (1) specified number of electors, in relation to a territorial au- thority or regional council, means a number of electors equal to or greater than 5% of the number of electors enrolled as eli- gible to vote at the previous triennial general election of the territorial authority or regional council.

Section 19ZB: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
19ZC Requirements for valid demand (1) A demand must be made by notice in writing— (a) (b) signed by a specified number of electors; and delivered to the principal office of the territorial author- ity or regional council.
47 Part 1A s 19ZC Local Electoral Act 2001 Reprinted as at 24 January 2009 (2) An elector may sign a demand and be treated as one of the specified number of electors only if,— (a) (b) (c) (d) in the case of a territorial authority, the name of the elector appears on the electoral roll of the territorial au- thority; or in the case of a regional council, the name of the elector appears on the electoral roll of a territorial authority and the elector’s address as shown on that roll is within the region; or in a case where the name of an elector does not appear on a roll in accordance with paragraph (a) or paragraph (b),— (i) the name of the elector is included on the most recently published electoral roll for any elect- oral district under the Electoral Act 1993 or is currently the subject of a direction by the Chief Registrar under section 115 of that Act (which re- lates to unpublished names); and the address for which the elector is registered as a parliamentary elector is within the local govern- ment area of the territorial authority or regional council; or (ii) the address given by the elector who signed the de- mand— (i) is confirmed by a Registrar of Electors as the address at which the elector is registered as a parliamentary elector; and is, if the demand was given to a territorial author- ity, within the district of the territorial authority; or is, if the demand was delivered to a regional council, within the region of the regional coun- cil; or (ii) (iii) (e) the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the territorial authority or, as the case may require, the regional council.
Every elector who signs a demand must state, against his or her signature,— (3) 48 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19ZD (a) (b) the elector’s name; and the address for which the person is qualified as an elector of the territorial authority or regional council.
If a valid demand is received after 28 February in the year before the next triennial general election, the poll required by the demand— (a) must be held after 21 May in that year; and (b) has effect in accordance with section 19ZG(4) (which provides that the poll has effect for the purposes of the next but one triennial general election and the subse- quent triennial general election).
The chief executive of the territorial authority or regional council must, as soon as practicable, give notice to the electoral officer of every valid demand for a poll made in accordance with section 19ZB and this section.

This section is subject to section 19ZE.

Section 19ZC: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
(4) (5) (6) 19ZD Territorial authority or regional council may resolve to hold poll (1) A territorial authority or regional council may, at any time, resolve that a poll be held on the question whether,— (a) in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or in the case of a regional council, the region should be divided into 1 or more Māori constituencies.
(b) (2) A resolution under subsection (1) may, but need not, specify (3) (4) the date on which the poll is to be held.

The date specified for the holding of a poll must not be a date that would require deferral of the poll under section 138A.
The chief executive of the territorial authority or regional council must give notice to the electoral officer under subsec- tion (1),— (a) if no date for the holding of the poll is specified in the resolution, as soon as is practicable: if a date for the holding of the poll is specified in the resolution, at an appropriate time that will enable (b) 49 Part 1A s 19ZE Local Electoral Act 2001 Reprinted as at 24 January 2009 the poll to be conducted in accordance with section 19ZF(3).
(5) This section is subject to section 19ZE.

Section 19ZD: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
19ZE Limitation on division into Māori wards or Māori constituencies Sections 19Z to 19ZD do not apply, in relation to a territorial authority or regional council, if— (a) a poll on the proposal described in section 19ZB or sec- tion 19ZD held under section 19ZF took effect at the previous triennial general election of the territorial au- thority or regional council or takes effect at the next tri- ennial general election of the territorial authority or re- gional council; or another enactment requires that the district be divided into 1 or more Māori wards or the region be divided into 1 or more Māori constituencies.
(b) Section 19ZE: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

19ZF Poll of electors (1) If the electoral officer for a territorial authority or regional council receives notice under section 19ZC(5) or section 19ZD(4), the electoral officer must, as soon as practicable after receiving that notice, give public notice of the poll under section 52.
(2) Despite subsection (1), if an electoral officer for a territorial authority or regional council receives 1 or more notices under both section 19ZC(5) and section 19ZD(4), or more than 1 notice under either section, in any period between 2 triennial general elections, the polls required to be taken under each notice may, to the extent that those polls would, if combined, take effect at the same general election, and if it is practicable to combine those polls, be combined.
(3) A poll held under this section must be held not later than 82 days after the date on which— (a) the notice referred to in subsection (1) is received; or 50 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19ZG (4) (5) (6) (7) the last notice referred to in subsection (2) is received.

(b) Subsection (3) is subject to subsection (2), section 19ZC(4), and section 138A.
Every poll under this section that is held in conjunction with a triennial general election or held after that date but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held determines whether, for the next 2 triennial general elections for the ter- ritorial authority or regional council and any associated elec- tion,— (a) the district of the territorial authority is to be divided into 1 or more Māori wards; or the region of the regional council is to be divided into 1 or more Māori constituencies.
(b) Every poll under this section that is held at some other time determines whether, for the next but one triennial general elec- tion and the following triennial general election for the territor- ial authority or regional council and any associated election,— the district of the territorial authority is to be divided (a) into 1 or more Māori wards; or the region of the regional council is to be divided into 1 or more Māori constituencies.
(b) Subsections (5) and (6) are subject to clauses 2(5) and 4(4) of Schedule 1A.

Section 19ZF: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

19ZG Effect of poll (1) (2) Subsection (2) applies to a poll held in conjunction with a tri- ennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held.
If the result of a poll to which this subsection applies requires the division of the district of a territorial authority into 1 or more Māori wards, or the division of the region of a regional council into 1 or more Māori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,— 51 Part 1A s 19ZG Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (c) (b) in the case of a territorial authority, for the next 2 tri- ennial general elections of the territorial authority, and any associated election; and in the case of a regional council, for the next 2 triennial general elections of the regional council, and any asso- ciated election; and for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.
Subsection (4) applies to a poll held at some other time.
If the result of a poll to which this subsection applies requires the division of a territorial authority into 1 or more Māori wards, or the division of the region of a regional council into 1 or more Māori constituencies, that district or region must be divided into those wards or constituencies, as the case re- quires,— (a) in the case of a territorial authority, for the next but one triennial general election and the following trien- nial general election of the territorial authority, and any associated election; and in the case of a regional council, for the next but one tri- ennial general election and the following triennial gen- eral election of the regional council, and any associated election; and for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.
This section is subject to clauses 2(5) and 4(4) of Schedule 1A.

Section 19ZG: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
(b) (c) (3) (4) (5) 52 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 1A s 19ZI 19ZH Basis of election of territorial authority and regional council If, for the purpose of a triennial general election,— (a) a district of a territorial authority is required to be di- vided into 1 or more Māori wards; or a region of a regional council is required to be divided into 1 or more Māori constituencies,— (b) the provisions of this Part (other than those of sections 19B, 19G, and 19J, and those of this section) are subject to the pro- visions of Schedule 1A.
Section 19ZH: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

Guidelines Heading: inserted, on 25 December 2002, by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
19ZI Guidelines in relation to reviews of representation (1) The Commission must issue guidelines identifying factors and considerations for territorial authorities or regional councils to take into account in making determinations under any of the provisions of sections 19H to 19J and Schedule 1A.

The Commission may, from time to time, amend or revoke any guidelines issued under subsection (1).
(2) (3) Any guidelines issued under subsection (1) may relate to terri- torial authorities or regional councils generally or to a specific class of territorial authorities or regional councils.
The Commission must, as soon as practicable after issuing any guidelines under subsection (1),— (a) (4) send a copy of those guidelines to every territorial au- thority and every regional council; and publish in the Gazette a notice— (i) (ii) stating that the guidelines have been issued; and naming the place or places at which copies of the guidelines are available for inspection free of charge or for purchase or both.
(b) (5) The Commission must ensure that, so long as the guidelines remain in force, copies of the guidelines are available— 53 Part 2 s 20 Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (b) for inspection by members of the public free of charge; and for supply to members of the public either free of charge or for purchase at a reasonable price.
The provisions of subsections (4) and (5) apply, with all neces- sary modifications, in respect of any amendment or revocation of any guidelines issued under subsection (1).

Section 19ZI: inserted, on 25 December 2002, by section 6 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
Part 2 Local elections and polls Electoral rights Right to vote in election or poll Every person whose name appears on the electoral roll in force in any district of a territorial authority or in the local govern- ment area of any other local authority as a residential elector or a ratepayer elector is, unless the person has ceased to pos- sess a qualification as a residential elector or ratepayer elector, an elector and is entitled to exercise 1 vote— (a) at every election for which that roll indicates the elector is qualified to exercise a vote; and at every poll for which that roll indicates the elector is qualified to exercise a vote.
(b) Every person who has qualified as a residential elector before the close of voting, and who applied to enrol as an elector not later than the day before the close of voting but whose name does not appear on the electoral roll or whose voting entitlements are incorrectly recorded on that roll, is an elector and is entitled to exercise 1 vote— (a) at every election for which that elector is qualified to exercise a vote; and at every poll for which that elector is qualified to exer- cise a vote.
(b) Every person who has qualified as a ratepayer elector before the close of voting and who applied to enrol as a ratepayer elector not later than the day before the close of voting but whose name does not appear on the electoral roll or whose (6) 20 (1) (2) (3) 54 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 22 voting entitlements are incorrectly recorded on that roll, is an elector and is entitled to exercise 1 vote— (a) at every election for which that elector is qualified to exercise a vote; and at every poll for which that elector is qualified to exer- cise a vote.
(b) (4) No person is entitled to vote more than once at the same elec- tion or poll.
Compare: 1976 No 144 s 7A 21 Special voting Any elector may vote at an election or poll as a special voter if— (a) (b) (c) (d) (e) the elector’s name does not appear on the copy of the roll used for that election or poll or has been wrongly deleted from that copy; or in the case of an election or poll relating to a ward, com- munity, or constituency, the elector has qualified as an elector and the name of the elector is entered on a roll for the territorial authority or other local authority in whose district or region the ward, community, or constituency is situated, but is not entered on a roll in respect of that ward, community, or constituency; or the elector is a person to whom, for any other reason, section 20(2) or (3) applies; or the elector spoils, loses, or does not receive his or her voting documents; or the elector satisfies the electoral officer that it will not be possible or practicable for the elector to vote by casting an ordinary vote without incurring hardship or undue inconvenience.
Voting by special voters 22 (1) Despite anything to the contrary in this Act, a special voter may vote in any manner and subject to any condition pre- scribed by regulations made under this Act, and the voting documents must be dealt with in the prescribed manner.
Subject to this Act and to any regulations made under this Act, the provisions of this Act and any regulations made under (2) 55 Part 2 s 23 Local Electoral Act 2001 Reprinted as at 24 January 2009 this Act, as far as applicable and with the necessary modifica- tions, apply with respect to voting by special voters and to their votes.
Residential electors Every parliamentary elector is qualified as a residential elector of a local government area if the address in respect of which the person is registered as a parliamentary elector is within the local government area.
Compare: 1974 No 66 s 101F(1) Ratepayer electors Every parliamentary elector is qualified as a ratepayer elector of a region, a district, or a community if the address for which the person is registered as a parliamentary elector is outside the region, district, or community, and— (a) that person is identified in the appropriate valuation roll as the sole ratepayer in respect of a rating unit within the region, district, or community; or that person is nominated to be enrolled as a ratepayer elector in respect of a rating unit within the region, dis- trict, or community, owned by 1 or more ratepayers, none of whom is qualified as a residential elector within the region, district, or community.
(b) Subsection (1) does not authorise the nomination of different persons by the same ratepayer or ratepayers in respect of dif- ferent properties within the same region, district, or commu- nity.

Compare: 1974 No 66 s 101F(2) Section 24(1)(a): amended, on 7 July 2004, by section 8(a) of the Local Elect- oral Amendment Act 2004 (2004 No 62).

Section 24(1)(b): amended, on 7 July 2004, by section 8(b)(i) of the Local Electoral Amendment Act 2004 (2004 No 62).
Section 24(1)(b): amended, on 7 July 2004, by section 8(b)(ii) of the Local Electoral Amendment Act 2004 (2004 No 62).
23 24 (1) (2) 56 (2) (3) (4) Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 24A 24A Electors of Māori wards (1) In the case of a triennial general election, every residential elector of a district who, on the day before polling day for the election,— (a) is registered as a parliamentary elector at an address within a Māori ward; and (b) is registered as an elector of a Māori electoral district,— is, at that triennial general election, an elector of that Māori ward.
In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a district— (a) whose entitlement as an elector arises in respect of prop- erty in a Māori ward; and (b) who is registered as an elector of a Māori electoral dis- trict,— is, at that general election, an elector of that Māori ward.
In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every residential elector of a district who, on the day before polling day for the election,— is registered as a parliamentary elector at an address (a) within a Māori ward; and is registered as an elector of a Māori electoral district,— (b) is, at that election, an elector of that Māori ward.
In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every person who, on the day before polling day for the election, is a ratepayer elector of a district— (a) whose entitlement as an elector arises in respect of prop- erty in a Māori ward; and (b) who is registered as a elector of a Māori electoral dis- trict,— is, at the election, an elector of that Māori ward.
Compare: 2001 No 1 (L) s 10(1)(a), (2)(a) Section 24A: inserted, on 25 December 2002, by section 7 of the Local Electoral Amendment Act 2002 (2002 No 85).
57 Part 2 s 24B Local Electoral Act 2001 Reprinted as at 24 January 2009 24B Voting rights at triennial general election of territorial authority (1) A person who, under section 24A, is an elector of a Māori ward of a territorial authority is, at a triennial general election,— (a) entitled to vote— (i) (ii) (iii) at the election of the mayor; and at the election of the member or members who will represent that Māori ward; and at the election of the member or members (if any) to be elected to represent the whole of the district; and at the election of the member or members of the appropriate community board (if any) situated within or partly within the Māori ward; but not entitled to vote at the election of the member or members who will represent any other ward of the ter- ritorial authority.
(iv) (b) (2) No other person is entitled, at a triennial general election, to vote at the election of the member or members who will rep- resent that Māori ward of that territorial authority.

Compare: 2001 No 1 (L) s 11 Section 24B: inserted, on 25 December 2002, by section 7 of the Local Electoral Amendment Act 2002 (2002 No 85).
24C Voting rights at election to fill extraordinary vacancy in respect of Māori ward (1) A person who, under section 24A, is an elector of a Māori ward of a territorial authority is, at any election to fill an extra- ordinary vacancy in the office of a member who represents that Māori ward, entitled to vote at that election.

(2) No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will rep- resent that Māori ward of that territorial authority.
Compare: 2001 No 1 (L) s 12 Section 24C: inserted, on 25 December 2002, by section 7 of the Local Electoral Amendment Act 2002 (2002 No 85).
58 (2) (3) (4) Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 24D 24D Electors of Māori constituencies (1) In the case of a triennial general election, every residential elector of a region who, on the day before polling day for the election,— (a) is registered as an elector at an address within a Māori constituency; and (b) is registered as an elector of a Māori electoral district,— is, at that triennial general election, an elector of that Māori constituency.
In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a region— (a) whose entitlement as an elector arises in respect of prop- erty in a Māori constituency; and (b) who is registered as an elector of a Māori electoral dis- trict,— is, at that triennial general election, an elector of that Māori constituency.
In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every residential elector of a region who, on the day before polling day for the election,— is registered as a parliamentary elector at an address (a) within a Māori constituency; and is registered as an elector of a Māori electoral district,— (b) is, at that election, an elector of that Māori constituency.
In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every person who, on the day before polling day for the election, is a ratepayer elector of the region— (a) whose entitlement as an elector arises in respect of prop- erty in a Māori constituency; and (b) who is registered as an elector of a Māori electoral dis- trict,— is, at that election, an elector of that Māori constituency.
Compare: 2001 No 1 (L) s 10(1)(a), (2)(a) Section 24D: inserted, on 25 December 2002, by section 7 of the Local Electoral Amendment Act 2002 (2002 No 85).
59 Part 2 s 24E Local Electoral Act 2001 Reprinted as at 24 January 2009 24E Voting rights at triennial general election of regional council (1) A person who, under section 24D, is an elector of a Māori con- stituency of a regional council is, at a triennial general elec- tion,— (a) entitled to vote at the election of the member or mem- bers who will represent that constituency; but not entitled to vote at the election of the member or members who will represent any other constituency of the regional council.
(b) (2) No other person is entitled, at a triennial general election, to vote at the election of the member or members who will rep- resent that Māori constituency of that regional council.

Compare: 2001 No 1 (L) s 11 Section 24E: inserted, on 25 December 2002, by section 7 of the Local Electoral Amendment Act 2002 (2002 No 85).
24F Voting rights at election to fill extraordinary vacancy in respect of Māori constituency (1) A person who, under section 24D, is an elector of a Māori constituency of a regional council is, at any election to fill an extraordinary vacancy in the office of a member who repre- sents that Māori constituency, entitled to vote at that election.
(2) No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will rep- resent that Māori constituency of that regional council.

Compare: 2001 No 1 (L) s 12 Section 24F: inserted, on 25 December 2002, by section 7 of the Local Electoral Amendment Act 2002 (2002 No 85).

Candidate qualifications Every parliamentary elector is qualified to be a candidate at every election to be held under this Act if that person is a New Zealand citizen.
This section is subject to section 58.

Section 25(1): substituted, on 25 December 2002, by section 8 of the Local Electoral Amendment Act 2002 (2002 No 85).
25 (1) (2) 60 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 27 26 Right to nominate candidate Two or more electors of a local government area or, in the case of an election in any subdivision, 2 or more electors of that subdivision, are qualified to nominate, in the manner provided in section 55, 1 or more qualified persons as candidates at the election in that area or subdivision.
Compare: 1976 No 144 s 12(1) Electoral systems for elections Local authority may resolve to change electoral systems 27 (1) Any local authority may, not later than 12 September in the year that is 2 years before the year in which the next triennial general election is to be held, resolve that the next 2 trien- nial general elections of the local authority and its community boards (if any), and any associated election, will be held using a specified electoral system other than that used for the previ- ous triennial general election.
(2) A resolution under this section— (ii) (a) (b) takes effect, subject to paragraph (b), for the next 2 tri- ennial general elections of the local authority and its community boards (if any), and any associated election; and continues in effect until either— (i) a further resolution under this section takes ef- fect; or a poll of electors of the local authority held under section 33 takes effect.

This section is subject to section 32.
In this section, and in sections 28 to 34, associated election, in relation to any 2 successive triennial general elections of a local authority (and its community boards (if any)), means— any election to fill an extraordinary vacancy in the mem- (a) bership of the body concerned that is held— (i) (ii) between those elections; or after the second of those elections but before the subsequent triennial general election: (3) (4) 61 Part 2 s 28 Local Electoral Act 2001 Reprinted as at 24 January 2009 (b) an election of the members of the body concerned called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002 that is held— (i) (ii) between those elections; or after the second of those elections but before the subsequent triennial general election.
Section 27(1): amended, on 25 December 2002, by section 9(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 27(2)(a): substituted, on 25 December 2002, by section 9(2) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 27(2)(b)(ii): amended, on 25 December 2002, by section 9(3) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 27(4): added, on 25 December 2002, by section 9(4) of the Local Elect- oral Amendment Act 2002 (2002 No 85).
28 (1) (2) Public notice of right to demand poll on electoral system Every local authority must, not later than 19 September in the year that is 2 years before the year in which the next triennial general election is to be held, give public notice of the right to demand, under section 29, a poll on the electoral system to be used for the elections of the local authority and its community boards (if any).
If the local authority has passed a resolution under section 27 that takes effect at the next triennial election, every notice under subsection (1) must include— notice of that resolution; and (a) a statement that a poll is required to countermand that (b) resolution.
(2A) Despite subsections (1) and (2), if, on or before the date re- ferred to in subsection (1), the local authority has passed a resolution under section 31 and has specified a date for the holding of the poll that is on or before 21 May in the year be- fore the next triennial general election, subsection (1) does not apply.

This section is subject to section 32.

Section 28(1): amended, on 25 December 2002, by section 10(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
(3) Section 28(2): amended, on 25 December 2002, by section 10(2) of the Local Electoral Amendment Act 2002 (2002 No 85).

62 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 30 Section 28(2A): inserted, on 25 December 2002, by section 10(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
(2) (3) Electors may demand poll 29 (1) A specified number of electors of a local authority may, at any time, demand that a poll be held on a proposal by those electors that a specified electoral system be used at the elections of the local authority and its community boards (if any).

This section is subject to section 32.


In this section and sections 30 and 31,— demand means a demand referred to in subsection (1) specified number of electors, in relation to a local authority, means a number of electors equal to or greater than 5% of the number of electors enrolled as eligible to vote at the previous general election of the local authority.

Section 29(1): amended, on 25 December 2002, by section 11 of the Local Electoral Amendment Act 2002 (2002 No 85).
Requirements for valid demand 30 (1) A demand must be made by notice in writing— (a) (b) signed by a specified number of electors; and delivered to the principal office of the local authority.
(2) An elector may sign a demand and be treated as one of the specified number of electors only if— (a) the name of that elector appears,— (i) (b) (ii) in the case of a territorial authority, on the elect- oral roll of the territorial authority; and in the case of any other local authority, on the electoral roll of any territorial authority or other local authority as the name of a person eligible to vote in an election of that local authority; or in a case where the name of an elector does not appear on a roll in accordance with paragraph (a),— (i) the name of the elector is included on the most recently published electoral roll for any elect- oral district under the Electoral Act 1993 or is currently the subject of a direction by the Chief Registrar under section 115 of that Act (which re- lates to unpublished names); and 63 Part 2 s 30 Local Electoral Act 2001 Reprinted as at 24 January 2009 (ii) the address for which the elector is registered as a parliamentary elector is within the local govern- ment area of the local authority; or the address given by the elector who signed the demand is— (i) confirmed by a Registrar of Electors as the ad- dress at which the elector is registered as a par- liamentary elector; and (ii) within the district of the local authority; or the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the local authority.
(c) (d) Every elector who signs a demand must state, against his or her signature,— (a) (b) the elector’s name; and the address for which the person is qualified as an elector of the local authority.
If a valid demand is received after 28 February in the year before the next triennial general election, the poll required by the demand— (a) must be held after 21 May in that year; and (b) has effect in accordance with section 34(2) (which pro- vides that the poll has effect for the purposes of the next but one triennial general election of the local authority and the subsequent triennial general election).
The chief executive of the local authority must, as soon as is practicable, give notice to the electoral officer of every valid demand for a poll made in accordance with section 29 and this section.

This section is subject to section 32.

Section 30(1)(b): substituted, on 25 December 2002, by section 12(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 30(3A): inserted, on 25 December 2002, by section 12(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 30(4): amended, on 25 December 2002, by section 12(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
(3) (3A) (4) (5) 64 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 32 Local authority may resolve to hold poll 31 (1) A local authority may, no later than 28 February in the year immediately before the year in which the next triennial general election is to be held, resolve that a poll be held on a proposal that a specified electoral system be used for the elections of the local authority and its community boards (if any).
(2) A resolution may, but need not, specify a date on which the poll is to be held.

(2A) The date specified for the holding of a poll must not be a date (3) that would require deferral of the poll under section 138A.
The chief executive of the local authority must give notice to the electoral officer of any resolution under subsection (1),— if no date for the holding of the poll is specified in the (a) resolution, as soon as is practicable: if a date for the holding of the poll is specified in the resolution, at an appropriate time that enables the poll to be conducted in accordance with section 33(3).

(b) (4) This section is subject to section 32.


Section 31(1): substituted, on 25 December 2002, by section 13(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 31(2): substituted, on 25 December 2002, by section 13(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 31(2A): inserted, on 25 December 2002, by section 13(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 31(3): substituted, on 25 December 2002, by section 13(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
32 Limitation on change to electoral systems Sections 27 to 31 do not apply if— (a) a poll on the proposal described in section 29 or sec- tion 31 held under section 33 took effect at the previous triennial general election of the local authority or takes effect at the next triennial general election of the local authority: another enactment requires a particular electoral system to be used for the election of members of a local author- ity.
(b) Section 32(a): substituted, on 25 December 2002, by section 14 of the Local Electoral Amendment Act 2002 (2002 No 85).

65 Part 2 s 33 Local Electoral Act 2001 Reprinted as at 24 January 2009 33 (1) Poll of electors If the electoral officer for a local authority receives notice under section 30(4) or section 31(3), the electoral officer must, as soon as is practicable after receiving that notice, give public notice of the poll under section 52.
(2) Despite subsection (1), if an electoral officer for a local au- thority receives 1 or more notices under both sections 30(4) and 31(3), or more than 1 notice under either section, in any period between 2 triennial general elections, the polls required to be taken under each notice may, to the extent that the result of those polls would take effect at the same election, and if it is practicable to combine those polls, be combined.
(3) A poll held under this section must be held not later than 82 days after the date on which— (a) (b) the notice referred to in subsection (1) is received; or the last notice referred to in subsection (2) is received.

(3A) Subsection (3) is subject to subsection (2), section 30(3A) and section 138A.
(4) (3B) Voters at a poll held under this section decide the proposal or proposals that are the subject of the poll by voting for one of the electoral systems named in the voting document or, as the case may require, expressing a preference in respect of each of the electoral systems named in the voting document.
Every poll under this section that is held in conjunction with a triennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held deter- mines whether the electoral system to be used for the next 2 triennial general elections of the local authority and its com- munity boards (if any) and any associated election is to be— the electoral system used at the previous general elec- (a) tion of the local authority; or the electoral system specified in any resolution under section 27; or the electoral system specified in any demand submit- ted within the appropriate period of which the electoral officer has received notice under section 30(4) and, if notice of more than 1 such demand is received, one of (b) (c) 66 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 34 (d) the systems specified in those demands and, if so, which one; or the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3).
(5) Every poll under this section that is held at some other time determines whether the electoral system to be used at the next but one triennial general election of the local authority and its community boards (if any) and any associated election is to be— (a) the electoral system used at the previous general elec- tion of the local authority; or the electoral system specified in any resolution under section 27; or the electoral system specified in any demand submit- ted within the appropriate period of which the electoral officer has received notice under section 30(4) and, if notice of more than 1 such demand is received, one of the systems specified in those demands and, if so, which one; or the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3).
(b) (c) (d) Section 33(2): substituted, on 25 December 2002, by section 15(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 33(3A): inserted, on 25 December 2002, by section 15(2) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 33(3B): inserted, on 25 December 2002, by section 15(2) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 33(4): substituted, on 25 December 2002, by section 15(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 33(5): added, on 25 December 2002, by section 15(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
34 (1) Effect of poll If a poll is held under section 33 in conjunction with a trien- nial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held, the electoral system adopted or confirmed must be used— 67 Part 2 s 35 Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (b) (c) for the next 2 triennial general elections: for any associated election: for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 27 takes effect or a further poll held under section 33 takes effect, whichever occurs first.
If a poll is held under section 33 at some other time, the elect- oral system adopted or confirmed must be used— (a) for the next but one triennial general election and the following triennial general election: for any associated election: for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 27 takes effect or a further poll held under section 33 takes effect, whichever occurs first.
Section 34: substituted, on 25 December 2002, by section 16 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

(b) (c) Electoral systems for polls Electoral systems for polls Every poll conducted for a local authority must be conducted using an electoral system adopted by resolution of the local authority— (a) (b) for the purposes of the particular poll; or for the purposes of 2 or more polls that are to be con- ducted at the same time.
If a poll is to be conducted for a local authority and there is no applicable resolution, that poll must be conducted using the electoral system commonly known as First Past the Post.
(2) 35 (1) (2) 68 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 37 Voting methods 36 (1) (2) Voting method for elections and polls Every election or poll conducted for a local authority must be conducted using 1 or more methods of voting adopted by resolution of the local authority— (a) (b) for the purposes of a particular election or poll; or for the purposes of more than 1 election or more than 1 poll, or both, that are to be conducted at the same time.
If an election or poll is to be conducted and there is no applic- able resolution under subsection (1), that election or poll must be conducted by postal voting.
(3) Despite subsections (1) and (2),— (a) (b) if any election or poll is to be conducted in conjunction with the election of 1 or more territorial authorities in the same local government area, the voting method to be used for that election or poll within the district of each territorial authority is the voting method or methods to be used for the election of that territorial authority: if 2 or more elections or 2 or more polls are to be con- ducted within the district of a territorial authority separ- ately from any election of that territorial authority, and, as a consequence of the operation of subsection (1) or subsection (2), those elections and polls are required to be conducted using different voting methods,— (i) the local authorities concerned must determine which of those voting methods must be used to conduct the elections and polls; and if no agreement is reached under subparagraph (i), those elections and polls must be conducted by postal voting.
(ii) 37 (1) Consultation Before passing any resolution under section 36(1) that will apply to elections or polls conducted for any other local au- thority, the local authority concerned must consult that local authority.

69 Part 2 s 38 Local Electoral Act 2001 Reprinted as at 24 January 2009 In determining what resolution is to be adopted under section 36, the local authority concerned must have regard to the re- sults of any consultation under subsection (1).
Electoral rolls an election to fill an extraordinary vacancy; or a poll of electors— Compilation of electoral roll In every year in which a triennial general election is to be held, the electoral officer for every territorial authority must compile a roll of electors of the district of that territorial authority to be known as the electoral roll.
If— (a) (b) is to be held within a district at any time other than in conjunc- tion with a triennial general election, the electoral officer for the territorial authority for the district or, as the case may re- quire, the electoral officer of the local authority for whom the election or poll is to be held or taken must compile a roll of electors entitled to vote in that election or poll.
Every electoral roll must— (a) include the name of every residential elector and ratepayer elector of the district of the territorial author- ity or, as the case may require, the local authority for whom the election or poll is to be held or taken who, as at the prescribed date, is entitled, under this Act and regulations made under this Act, to be included in the roll; and include any other prescribed details; and (b) (c) comply with any other prescribed requirements.
For the purposes of determining the names and other details of residential electors to be included in the electoral roll, the electoral officer must obtain from the Chief Registrar of Elect- ors under section 113 of the Electoral Act 1993 a computer- compiled list containing the specified information (as con- tained in that section) in respect of electors appearing to reside within the local government area of the local authority.
(2) 38 (1) (2) (3) (4) 70 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 41 39 (1) Public notice of procedures for enrolment as ratepayer on electoral roll The electoral officer— (a) must ensure that public notice of the qualifications and procedures for enrolment or nomination as a ratepayer elector, is given during the month of May in each year in which a triennial general election is held; and (b) must ensure that notice of the qualifications and proced- ures for enrolment or nomination as a ratepayer elector is delivered with the rates assessment or at least 1 rates invoice delivered by the territorial authority before Sep- tember in each year in which a triennial general election is held; and (c) may give any additional public notice and any specific notice of the qualifications and procedures for enrol- ment or nomination as a ratepayer elector that the elect- oral officer considers desirable.
(2) Any public notice given under subsection (1) may be given jointly by the electoral officers of 2 or more territorial author- ities and, in determining whether that public notice is to be given jointly, each electoral officer must have regard to the ef- fectiveness and cost of the public notice.

Compare: 1976 No 144 s 7BEB Section 39(1)(b): amended, on 7 July 2004, by section 9 of the Local Electoral Amendment Act 2004 (2004 No 62).
40 41 (1) No person to be enrolled more than once for local authority or community board The name of any person must not appear more than once in the same electoral roll.
Supply of information by Chief Registrar of Electors If the electoral officer wishes to find out whether any person is qualified as a ratepayer elector under section 24 and is regis- tered as a parliamentary elector in respect of an address out- side the region, district, or community, the Chief Registrar of Electors, on the request of the electoral officer, must inform the electoral officer whether that person is registered as a par- liamentary elector in respect of that address.
71 Part 2 s 42 Local Electoral Act 2001 Reprinted as at 24 January 2009 (2) (3) The electoral officer may request the Chief Registrar of Elect- ors to inform the electoral officer if any person who is qualified as a ratepayer of a region, district, or community is registered as a parliamentary elector of a Māori electoral district.
If the Chief Registrar of Electors receives a request under sub- section (2), the Chief Registrar must provide the information requested by the electoral officer, if the electoral officer has provided adequate identifying information.

Compare: 1976 No 144 s 7BF Section 41(2): added, on 25 December 2002, by section 17 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

Section 41(3): added, on 25 December 2002, by section 17 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
Roll to be available for public inspection 42 (1) A copy of an electoral roll must,— (a) (b) if the roll is compiled by an electoral officer of a ter- ritorial authority, be kept at the principal office of the territorial authority and at every other place within the district that the electoral officer and the occupier of that place agree is a place at which a copy of the roll may be kept: if the roll is compiled by an electoral officer of a local authority that is not a territorial authority, be kept at the principal office of the local authority and at every other place within the local government area that the electoral officer and the occupier of that place agree is a place at which a copy of the roll may be kept.
The electoral officer must give public notice of the place or places where the roll is kept.

The electoral officer must ensure that the copy of the roll kept at the principal office of the territorial authority or, as the case may require, the local authority, is open for public inspection at all reasonable hours during a period of not less than 28 days before the closing of the roll in the year in which the roll is compiled.
(2) (3) 72 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 45 (4) 43 (1) The copy or copies of the roll kept at any other place must be open for public inspection whenever the place is open to members of the public.

Compare: 1976 No 144 s 7D Inspection of rolls at meetings and hui The electoral officer must, at the request of any person, make the electoral roll available for public inspection, under the supervision of any person nominated by the electoral officer, at any meeting or hui.
(2) A request made under subsection (1) need not be granted un- less the electoral officer is satisfied that a large number of per- sons are likely to attend the meeting or hui in respect of which the request is made.

If a roll is made available for public inspection under subsec- tion (1), the roll must be made available at such times and places as the electoral officer thinks fit.
Compare: 1993 No 87 s 111 (3) 44 (1) Application for registration as parliamentary elector Subsection (2) applies to any person who claims to be qualified as a parliamentary elector in respect of an address within the district of a territorial authority but whose name— (a) does not appear on the electoral roll because it does not appear on the appropriate parliamentary roll; or is incorrectly recorded on the electoral roll; or is recorded on the electoral roll with an incorrect ad- dress or occupation.
(b) (c) (2) Any person to whom this subsection applies may make appli- cation for registration or correction of registration as a parlia- mentary elector in the form prescribed by the Electoral Act 1993 or by regulations made under that Act.
Compare: 1976 No 144 s 7E 45 Completion of electoral roll The electoral officer must, as soon as practicable after the clos- ing of the electoral roll, obtain from the Chief Registrar of Electors under section 113 of the Electoral Act 1993 a further 73 Part 2 s 46 Local Electoral Act 2001 Reprinted as at 24 January 2009 computer-compiled list, and must complete the compilation of the electoral roll,— (a) (b) in the case of residential electors, by using that list; or in the case of ratepayer electors, from the applications received until the closing of the electoral roll.
Compare: 1976 No 144 s 7F 46 (1) (2) 47 (1) Removal of names from electoral roll The electoral officer may at any time remove from the electoral roll the name of any person entered on that roll as a ratepayer elector if, to the knowledge of the electoral officer, that person is no longer qualified in respect of the property for which that person was enrolled.
If the name of any person entered on an electoral roll as a ratepayer elector is removed from that roll for any reason other than the death of that person, the electoral officer must imme- diately give to that person, by notice in writing addressed to that person at that person’s last known address, notice of the removal of that person’s name.
Compare: 1976 No 144 s 7FA Amendments to roll The electoral officer may, on the application of any person who is or claims to be entitled to be enrolled or any other person or otherwise, make any necessary corrections to any names, addresses, occupations, abbreviations, marks, or other details, appearing in the electoral roll.
(2) Despite subsection (1), the electoral officer must not amend any information received under section 113 of the Electoral Act 1993 unless the electoral officer is satisfied that the elector is dead, in which case the electoral officer must remove the name of the elector from the electoral roll.
If the electoral officer receives advice from the Chief Registrar of Electors that a person whose name is included on the elect- oral roll as a ratepayer elector is eligible to be included on the roll as a residential elector, the electoral officer must amend the roll accordingly.
Compare: 1976 No 144 s 7G (3) 74 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 2 s 49 Objections to roll 48 (1) Any person may, not later than the day on which the electoral roll closes, object to the electoral roll on either of the following grounds: (a) that any person entered on the roll as a ratepayer elector does not possess the necessary qualification for entry on the roll at the time when the objection is lodged; or that the person making the objection is not on the roll and possesses the necessary qualification to be entered on the roll as a ratepayer elector at the time when the objection is lodged.
(b) (2) (3) Every objection must be lodged in writing with the electoral officer and, in the case of an objection under subsection (1)(b), must, if an application for enrolment is required by regulations made under this Act, include a completed application for en- rolment.

The electoral officer must— (a) inquire into and determine whether or not the objection should be allowed; and give the objector written notice of the decision.
(b) Compare: 1976 No 144 s 7GA (2) Appeals to District Court in respect of roll 49 (1) Any person aggrieved by any decision of the electoral officer under section 48 may appeal to a District Court Judge against the decision.

The appeal may be brought by the appellant lodging a notice of appeal in the office of the District Court that is closest to the principal office of the local authority that appointed the electoral officer.
The notice of appeal must be lodged within 7 days after the date on which the appellant receives, under section 48(3)(b), written notice of the decision to which the appeal relates.

Either before or immediately after lodging the notice of appeal, the appellant must serve a copy of the notice of appeal on the electoral officer.

The District Court must fix a time and place for the hearing of the appeal.
(4) (3) (5) 75 Part 2 s 50 Local Electoral Act 2001 Reprinted as at 24 January 2009 (6) The appeal must be heard as soon as practicable and the Regis- trar of the court must notify the appellant and the electoral of- ficer of the time and place of hearing.

(7) A District Court Judge must hear and determine the objection and may order— (a) the addition to the roll of the name of any person who possesses the necessary qualifications; and the removal of the name of any person who does not.
(b) Compare: 1976 No 144 s 7GB Closing of electoral roll 50 (1) An electoral roll closes at the time prescribed in respect of the election or poll to which the roll relates, and remains closed until the election is held or the poll is taken.
(2) No alteration or addition may be made in or to any electoral roll while it is closed, except— (a) (b) in cases where an appeal was pending under section 49 when the roll was closed; or for the purpose of complying with a claim for enrolment or of an application for the alteration of an entry in the electoral roll, delivered to the electoral officer before the closing of the roll; or if the electoral officer is satisfied that an elector is dead.
(c) Compare: 1976 No 144 s 7H(3) 51 When roll in force (1) (2) The electoral officer must ensure that the electoral roll is com- pleted and must, before the time prescribed for the certification of the electoral roll, certify that the roll has been compiled.

The electoral roll comes into force on the prescribed day in respect of the election or poll for which it was compiled and remains in force until another electoral roll comes into force.
(3) Any copy of the electoral roll certified by the electoral officer to be a correct copy of the electoral roll, or of any roll compiled under this Act is, in the absence of evidence to the contrary, sufficient evidence that the roll has been properly compiled.
The fact that a copy of any electoral roll has been certified to be a correct copy by any person purporting to be authorised to (4) 76 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 52 do so is, in the absence of evidence to the contrary, sufficient evidence that the person is so authorised.
Compare: 1976 No 144 ss 7H, 7I Part 3 Conduct of elections and polls Notice of election or poll (c) Notice of election or poll 52 (1) An electoral officer responsible for the conduct of an election or poll must give public notice of that election or poll— stating the date of the election or poll; and (a) identifying the local government area in respect of (b) which the election or poll is to be held; and identifying the electoral officer or electoral officers who will be responsible for conducting the election or poll; and stating the electoral system to be used for the election or poll; and stating the voting method or voting methods to be used for the election or poll; and advising electors of— (i) the day and time when the electoral roll closes; and (d) (e) (f) (ii) when and how the electoral roll may be in- spected; and (iii) when and how persons may enrol or amend en- rolment details; and (g) (h) [Repealed] containing any other information that is required or al- lowed to be included in the notice by regulations made under this Act.
(2) Notice under subsection (1) must be given not later than 28 days before the earlier of— (a) (b) the closing of the electoral roll; or the day and time by which nominations must be re- ceived.

77 Part 3 s 53 Local Electoral Act 2001 Reprinted as at 24 January 2009 (3) If an electoral officer is required to give public notice of more than 1 election or more than 1 poll, or both, the notices required to be given under this section may be combined.
(4) An electoral officer who gives public notice under this section must send a copy of that notice to any other electoral officer involved in the conduct of the election or poll.

Section 52(1)(g): repealed, on 25 December 2002, by section 18 of the Local Electoral Amendment Act 2002 (2002 No 85).
Additional material to be included in notice in respect of election In the case of an election, a notice under section 52 must also state— (a) the day and time by which nominations must be re- ceived; and the rights of a candidate to submit a candidate profile statement and the manner in which it may be submitted; and the manner in which nominations must be made; and the amount of any deposit required to be paid in respect of nominations and the manner in which that deposit must be paid; and the number of vacancies to be filled.
(b) (c) (d) (e) Additional material to be included in notice in respect of poll In the case of a poll, a notice under section 52 must also— state the proposal or subject matter of the poll; and (a) in the case of a binding poll, state the consequences of (b) each possible result of the poll; and in the case of a non-binding poll, state the intentions (if any) of the local authority or other body on whose behalf the poll is conducted in respect of each possible result of the poll.
(c) 53 54 78 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 55 Candidacy Nomination of candidates 55 (1) Any 2 electors who are qualified to nominate a candidate may nominate a person who is qualified to be a candidate as a can- didate at an election— (a) (b) in the prescribed manner; and before 12 noon on nomination day (the close of nomin- ations).
(2) An electoral officer must not accept the nomination of a can- didate unless— (a) (b) (ba) (c) (d) (e) the person nominated, by notice in writing, consents to nomination and certifies that he or she is qualified to be a candidate under section 25 and is not disqualified under section 58; and the person nominated is qualified to be a candidate; and each of the persons who nominated the candidate are persons other than the candidate; and the persons who nominated the candidate are qualified to nominate the candidate; and the nomination complies with subsections (1) and (4); and the electoral officer— (i) receives the deposit prescribed for the applicable class of elections; and receives that deposit before 12 noon on nomin- ation day.
(ii) (3) The consent and certification required by subsection (2)(a)— need not be given at the time when the nomination paper (a) is lodged but, if given separately from the nomination paper, must be given before the close of nominations; and (b) may be given in a manner other than in writing that is approved by the electoral officer, if the person con- cerned is outside New Zealand.
(4) A nomination under subsection (1) must state— (a) (b) the name under which the candidate is seeking election: any organisation or group with which the candidate claims to be affiliated for the purposes of identifying that affiliation in the voting documents at the election: 79 Part 3 s 56 Local Electoral Act 2001 Reprinted as at 24 January 2009 (c) whether or not a candidate who does not claim any affil- iation referred to in paragraph (b) wishes to be identified in the voting documents at the election as an independ- ent candidate.
(5) Any person may inspect any nomination or consent without payment of any fee at any time during ordinary office hours at the office of the electoral officer.

Section 55(2)(ba): inserted, on 25 December 2002, by section 19(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 55(2)(e): substituted, on 25 December 2002, by section 19(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
(b) (c) Name of candidate An electoral officer must not accept the nomination of a can- didate if the electoral officer is not satisfied, by the evidence (if any) that the electoral officer requires, that the name under which the candidate is nominated is— (a) the name under which the candidate’s birth was regis- tered; or the name which the candidate adopted by deed poll or by statutory declaration under Part 3 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, at least 6 months before nomination day; or the name by which the candidate was commonly known during the 6 months before nomination day, not being a name that— (i) (ii) (iii) might cause offence to a reasonable person; or is unreasonably long; or is, or includes or resembles, an official title or rank; or is likely to cause confusion or to mislead electors.
Section 56(b): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

(iv) Section 56(c)(iii): substituted, on 25 December 2002, by section 20 of the Local Electoral Amendment Act 2002 (2002 No 85).
Affiliation of candidate If an electoral officer is in any doubt about a candidate’s eli- gibility to claim an affiliation, the electoral officer may re- 56 57 (1) 80 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 57B (2) quire the candidate to produce evidence sufficient to satisfy the electoral officer of the candidate’s eligibility to claim that affiliation.
If an electoral officer considers that the candidate is not eli- gible to claim an affiliation or that the affiliation claimed might cause offence to a reasonable person or is likely to cause con- fusion to or mislead electors,— (a) the electoral officer must, after consultation with the candidate, allow the affiliation that the electoral officer and the candidate agree on to appear on voting docu- ments in place of the affiliation specified in the notice of nomination; or if the consultation referred to in paragraph (a) does not result in agreement or is not reasonably practicable to undertake, the electoral officer must not allow any af- filiation in respect of that candidate to appear on voting documents.
(b) (3) In this section, an affiliation is an endorsement by any organ- isation or group (whether incorporated or unincorporated).

57A Candidacy for more than 1 ward or constituency or subdivision prohibited No person may, at the same time, be a candidate for election for more than 1 ward or constituency of the same local authority or for more than 1 subdivision of a community.

Section 57A: inserted, on 25 December 2002, by section 21 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
57B Candidacy for ward and membership at large prohibited (1) No person may, at the same time, be a candidate for election in a ward and a candidate for election by the electors of the district as a whole as a member of the territorial authority of which that ward forms part.

Subsection (1) does not apply to a person who is a candidate for election— (a) (b) as a member in a ward; and as mayor of the territorial authority of which that ward forms part.
(2) 81 Part 3 s 58 Local Electoral Act 2001 Reprinted as at 24 January 2009 Section 57B: inserted, on 25 December 2002, by section 21 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

Section 57B(2): added, on 7 July 2004, by section 10 of the Local Electoral Amendment Act 2004 (2004 No 62).
58 (1) Candidacy for both regional council and constituent authority prohibited In this section,— constituent authority, in relation to any region, means— (a) a territorial authority having jurisdiction over a con- stituent district; or a community board for a community that is wholly or partly within the region (b) member, in relation to a constituent authority, includes a mayor.
(2) No person may, at the same time, be both a candidate for elec- tion to a regional council for a region and a candidate for elec- tion to a constituent authority of that region.

(3) No member of a constituent authority of a region may be a candidate for election to the regional council for the region.

(5) (4) No member of a regional council for a region may be a candi- date for election to a constituent authority of that region.
Subsections (3) and (4) do not apply if a general election of members of the regional council of a region is to be held con- currently with a general election of members of a constituent authority of that region.

Compare: 1974 No 66 s 101GA 58A Prohibition on candidacy for community board (1) No member of a territorial authority may be a candidate for election as a member of a community board that is constituted in respect of part of the district of the territorial authority.
Subsection (1) does not apply if a general election of members of the territorial authority is to be held at the same time as a general election of members of the community board.

Section 58A: inserted, on 25 December 2002, by section 22 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
(2) 82 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 60 59 (1) (2) Forfeiture of deposit and refund of deposit If the total number of votes received by any candidate is less than the minimum number of votes prescribed for the purposes of this section in relation to the electoral system used at the election, the deposit is forfeited and paid into the general fund of the local authority.
The deposit must be returned to the person who paid it or, as the case may require, to his or her personal representatives if— subsection (1) does not apply to the candidate or the (a) candidate— (i) (ii) (iii) (iv) withdraws or retires; or is elected without an election; or dies before the close of voting; or becomes incapable under this or any other Act of holding the office for which he or she was a candidate before the close of voting; and the candidate (other than a candidate who dies before the close of voting) complies with section 109 (which requires candidates to file a return of election expenses).
(b) (3) Subsection (2)(a) overrides subsection (1).

Compare: 1976 No 144 s 15 Section 59(2): substituted, on 25 December 2002, by section 23 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 59(3): added, on 25 December 2002, by section 23 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
60 Withdrawal, death, or incapacity of candidate before close of nominations (2) (1) Any candidate at an election may, before the close of nomin- ations, withdraw his or her nomination by written notice given to the electoral officer.

If the electoral officer receives notice under subsection (1), the nomination must be treated in all respects as if it had not been made.
If the electoral officer receives advice before the close of nom- inations that a candidate has died, that candidate’s nomination must be treated in all respects as if it had not been made.
If the electoral officer receives advice before the close of nom- inations that a candidate is, or has become, incapable under (3) (4) 83 Part 3 s 61 Local Electoral Act 2001 Reprinted as at 24 January 2009 any Act of holding the office for which he or she is a candidate, that candidate’s nomination must be treated in all respects as if it had not been made.
Compare: 1976 No 144 ss 16, 17(1) Candidate profile statements 61 (1) Candidate profile statements Every candidate may provide to the electoral officer a candi- date profile statement that complies with subsection (2) and, if applicable, subsection (3).
(2) A candidate profile statement,— (a) if— (i) (ii) in English or Māori or both, must not exceed 150 words in each of the languages used in the statement: in a language other than English or Māori, must not exceed 150 words, or the equivalent, if the language uses symbols rather than words (includ- ing any translation of those words into another language provided by the candidate); and (b) must be provided to the electoral officer before 12 noon on nomination day; and (c) must be confined to information concerning the candi- date (including any group or organisation with which the candidate claims under section 55(4) to be affiliated, or his or her status as an independent candidate, and the candidate’s contact details), and the candidate’s policies and intentions if elected to office; and (d) must comply with any prescribed requirements; and (e) may include a recent photograph of the candidate alone.
If a candidate profile statement is submitted in Māori and En- glish, the information contained in each language must be substantially consistent with the information contained in the other language.
If the electoral officer is not satisfied that a candidate profile statement complies with subsection (2) or, if applicable, sub- section (3), the electoral officer must, as soon as practicable, return the statement to the candidate and must— (3) (4) 84 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 61 (a) (b) specify the concerns of the electoral officer and the rea- sons for those concerns; and unless the candidate profile statement does not comply with subsection (2)(b), specify a period, which must not be less than 3 days from the date of return of the statement, during which the candidate may submit an amended candidate profile statement to the electoral of- ficer.
(5) A candidate is to be treated as having failed to provide a candi- date profile statement, if subsection (4)(b) applies to the can- didate and the candidate— (a) fails to submit an amended candidate profile statement within the period specified in subsection (4)(b); or submits an amended candidate profile statement that, in the opinion of the electoral officer, does not comply with subsection (2) or, if applicable, subsection (3).
(b) (6) An electoral officer— (a) is not required to verify or investigate any information included in a candidate profile statement: (b) may include, in or with any candidate profile state- ment that is published, displayed, or distributed, any disclaimer concerning the accuracy of the information contained in the statement that the electoral officer considers appropriate: is not liable in respect of— (i) (c) any statement contained in or omitted from the candidate profile statement or the work of a trans- lator prudently selected by the electoral officer; or the exercise of the powers and functions con- ferred on the electoral officer by this section.
(ii) Section 61(2)(b): substituted, on 25 December 2002, by section 24(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 61(2)(c): amended, on 25 December 2002, by section 24(2) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 61(4)(b): amended, on 25 December 2002, by section 24(3) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 61(5): amended, on 25 December 2002, by section 24(4) of the Local Electoral Amendment Act 2002 (2002 No 85).
85 Part 3 s 62 Local Electoral Act 2001 Reprinted as at 24 January 2009 Provision of candidate profile statements to electors 62 (1) An electoral officer who receives a candidate profile statement in accordance with section 61 must ensure that all prescribed requirements concerning the publication, display, or distribu- tion of candidate profile statements to electors at the election are complied with.

(2) Any failure by an electoral officer to comply with this section does not invalidate an election.
Procedures after close of nominations 63 (1) If number of candidates does not exceed number of vacancies, candidates to be declared elected If, at the close of nominations for an election, the number of candidates does not exceed the number of vacancies to be filled, the electoral officer must, as soon as practicable after the close of nominations, declare all nominated candidates to be elected.

(2) A declaration under subsection (1) must be given by public notice in the prescribed manner.
Compare: 1976 No 144 s 18(1) 64 Vacancies remaining unfilled to be extraordinary vacancies If, at the close of nominations for an election, the number of candidates is less than the number of vacancies to be filled, a vacancy remaining unfilled— (a) (b) is an extraordinary vacancy; and is to be treated as occurring on polling day, even though on polling day any other member or members continue in office under section 116.
Further notice of election or poll Further notice to electors of election or poll 65 (1) As soon as practicable after the close of nominations or the closing of the electoral roll, whichever is the later, the electoral officer must give further public notice of the election or poll, and of every other election and poll that will be conducted in conjunction with the election or poll.
86 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 68 (2) Every notice under subsection (1) must— (a) (b) state the date of the election or poll; and state the day and time at which the voting period begins and ends; and state the electoral system to be used for the election or poll; and state the voting method or voting methods to be used for the election or poll; and state whether a resolution has been made under section 79 that voting documents are to be processed during the voting period; and contain any other information that is required or al- lowed to be included in the notice by regulations made under this Act.
(c) (d) (da) (e) (3) In the case of an election, a notice under subsection (1) must also state the number of vacancies to be filled and the names and affiliations, if any, of the candidates.

(4) A notice under subsection (1) may also contain any other in- formation relating to the conduct of the election or poll that the electoral officer considers desirable to encourage participation by electors in the election or poll.
Compare: 1976 No 144 s 20(1) Section 65(2)(da): inserted, on 25 December 2002, by section 25 of the Local Electoral Amendment Act 2002 (2002 No 85).

66 67 Scrutineers Scrutineers at election A candidate may, by notice in writing, appoint 1 or more scru- tineers for the purposes of an election.

Scrutineers at poll Any 10 or more electors who are in favour of or opposed to any one proposal at a poll may, by notice in writing, appoint 1 or more scrutineers for the purposes of the poll.
General rules affecting scrutineers 68 (1) An appointment under section 66 or section 67 is not valid un- less a copy of the notice of appointment is delivered by the 87 Part 3 s 68 Local Electoral Act 2001 Reprinted as at 24 January 2009 candidate, or the 10 electors, as the case may be, to the elect- oral officer not less than 24 hours before the close of voting at the election or poll.
(2) A person appointed as a scrutineer must not act in that cap- acity until he or she has made a declaration containing the pre- scribed details.

(a) (b) (3) A person must not be appointed as a scrutineer if he or she is— a candidate, in the case of an election; or a member or employee of any local authority or com- munity board for whom an election or poll is being con- ducted; or under the age of 18 years.
(c) (4) Not more than 1 scrutineer for any candidate or for or against any one proposal may be present at the same place, for the purposes of performing his or her duties as a scrutineer, at the same time.
Subject to subsection (4), any scrutineer— (a) may be present when— (5) (i) (ii) (iii) any step referred to in section 80 is being com- pleted after the close of voting; or a scrutiny to which section 83 applies is being conducted; or votes are being counted under section 84; and (b) may, while votes are being counted under section 84, inspect any voting documents (whether formal or infor- mal) that are the subject of the count.
(6) An electoral officer may, at the request of a scrutineer or can- didate made before the close of voting at an election, or at the request of a scrutineer made before the close of voting at a poll, supply to that scrutineer or candidate the names of per- sons from whom voting documents have been received, either at no cost or for a reasonable price, and in a format that the electoral officer considers appropriate.
Compare: 1976 No 144 s 27(1)–(3) Section 68(1): amended, on 25 December 2002, by section 26(1) of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 68(5): substituted, on 25 December 2002, by section 26(2) of the Local Electoral Amendment Act 2002 (2002 No 85).

88 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 70 Section 68(6): added, on 25 December 2002, by section 26(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
Retirement of candidates, etc 69 70 (1) (2) Candidate may retire after close of nominations A candidate may retire by delivering to the electoral officer a notice in writing indicating that he or she wishes to retire,— (a) if an election is required to be held, at any time after the close of nominations and before polling day; or if an election is not required to be held, at any time before a declaration has been made under section 63.
(b) Compare: 1976 No 144 s 21(1) Death, incapacity, or invalid nomination of mayoral candidate after close of nominations This section applies if, after the close of nominations but be- fore the close of voting, an electoral officer becomes aware that a candidate in a mayoral election— (a) (b) has died; or has become incapable under any Act of holding the of- fice for which the candidate was nominated; or was not validly nominated; or (c) (d) was not qualified to be nominated as a candidate.
If it is practicable to do so before polling day, the electoral officer must, by public notice,— (a) give notice of the death, or the incapacity, or the invalid nomination of the candidate; and countermand the notice of the election given under sec- tion 65; and declare the election to be void.
(b) (c) (3) Any votes in the election must not be counted but all other provisions of this Act and regulations made under this Act re- lating to the secrecy of the vote and security of election records apply in respect of that election.

(4) A new election must be held and the provisions of section 102 apply accordingly, with any necessary modifications.
Compare: 1976 No 144 s 22 89 Part 3 s 71 Local Electoral Act 2001 Reprinted as at 24 January 2009 71 (1) (2) (3) (b) Retirement, death, incapacity, or invalid nomination of candidate This section and section 72 apply if— (a) the electoral officer receives notice under section 69 of the retirement of a candidate in any election; or the electoral officer becomes aware, after the close of nominations but before the close of voting, that a can- didate in any election other than a mayoral election— (i) (ii) has died; or has become incapable under any Act of holding the office for which the candidate was nominated; or (iii) was not validly nominated; or (iv) was not qualified to be nominated as a candidate.
If it is practicable to do so before polling day, the electoral officer must give public notice of the retirement, death, incap- acity, or the invalid nomination of the candidate.

The electoral officer must take such steps as are practicable to ensure that electors do not vote for a candidate in ignorance of the retirement, death, incapacity, or invalid nomination of that candidate.
(5) (4) Any failure by the electoral officer to ensure that an elector or electors do not vote for a candidate in ignorance of the retire- ment, death, incapacity, or invalid nomination of the candidate does not invalidate an election.

If the electoral system used at the election is First Past the Post, any vote cast for a retired, deceased, or incapacitated candidate, or for a candidate whose nomination is invalid, or for a candidate who is no longer available for election under section 84, is void.
If the electoral system used at the election is Single Transfer- able Voting, any preference recorded on a voting document for a retired, deceased, or incapacitated candidate, or for a candi- date whose nomination is invalid, or for a candidate who is no longer available for election under section 84, must not be recorded at the count as a preference for that person, but must instead be treated in accordance with regulations made under this Act.
Compare: 1976 No 144 s 23(1), (2) (6) 90 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 73 Section 71(5): substituted, on 25 December 2002, by section 27 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 71(6): added, on 25 December 2002, by section 27 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
If election becomes unnecessary If the retirement, death, incapacity, or invalid nomination of a candidate means that the election is unnecessary, the electoral officer must, as soon as practicable after the close of nomin- ations, give public notice declaring all remaining candidates to be elected in the prescribed manner.
If subsection (1) applies, the votes in the election must not be counted, but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election.

Compare: 1976 No 144 s 23(3) Adjourned elections or polls natural disaster; or adverse weather conditions; or the breakdown of communication or energy services; or riot or disorder; or any other event.
Adjournment of election or poll This section applies if the electoral officer believes on reason- able grounds that electors are, or are likely to be, denied a rea- sonable opportunity to cast a valid vote at an election or poll because of— (a) (b) (c) (d) (e) If this section applies, the electoral officer may adjourn the close of voting for a period not exceeding 14 days, and may continue to adjourn the close of voting, if necessary, until the election or poll can be held or taken, as the case may be.
The electoral officer must give public notice of every adjourn- ment under this section as soon as practicable, and may give any other notice that the electoral officer considers desirable.
Compare: 1976 No 144 s 48 72 (1) (2) 73 (1) (2) (3) 91 Part 3 s 74 Local Electoral Act 2001 Reprinted as at 24 January 2009 Voting, processing, and counting of votes 74 Electoral officer to maintain security and secrecy at election or poll The electoral officer must take all reasonable steps to ensure that— (a) (b) (c) (d) the security of voting documents and other electoral records is maintained; and voting documents and other electoral records are dealt with in the prescribed manner; and no electoral official, Justice of the Peace, or scrutineer discloses any information as to any candidate for whom, or the proposal for which, the voter is about to vote or has voted unless that disclosure— (i) (ii) is required to conduct the count; or is otherwise authorised by law or any court of competent jurisdiction; and the processing and counting of votes, and the scrutiny of the electoral roll, are conducted in a manner that facili- tates checking of the processes adopted to conduct those duties (whether at a recount, inquiry, or otherwise).
75 What voting documents for election must contain (1) Every voting document for an election must contain the fol- lowing directions to the voter: (a) the voter should read the directions carefully before vot- ing; and if the First Past the Post electoral system is being used at the election,— (i) how and where on the voting document a voter exercises his or her vote (for example, a tick against a box); and the minimum and maximum number of candi- dates for which a voter may exercise his or her vote; and (ii) if the Single Transferable Voting electoral system is be- ing used at the election,— (i) how and where on the voting document a voter indicates his or her preferences; and (b) (c) 92 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 76 (ii) the minimum and maximum number of candi- dates for which a voter may indicate his or her preferences; and (d) what the voter should do if he or she spoils the voting (2) (f) (e) document; and what the voter must do with the voting document after voting; and any other relevant requirements that are particular to the voting method or the electoral system that is being used.
In addition to the directions to the voter, every voting docu- ment for an election must contain the following: (a) information necessary to identify the elector on the electoral roll and the voting documents issued to that elector; and the name of the local government area to which the elec- tion relates; and the position or positions to be filled at the election; and the name under which each candidate is seeking elec- tion, and the name of any organisation or group with which the candidate claims to be affiliated or, if applic- able, the status of the candidate as an independent can- didate; and information that is necessary to distinguish any candi- dates that have the same or very similar names; and an illustration of how and where the voter indicates his or her choice or preferences, as the case may be.
(b) (c) (d) (e) (f) (3) Voting documents for an election may contain any other infor- mation that the electoral officer considers appropriate to ensure that— (a) all electors who are qualified to vote have a reasonable and equal opportunity to vote (including, without limi- tation, information in a language other than English); and the secrecy of the vote is maintained.
(b) 76 What voting documents for polls must contain (1) Every voting document for a poll must contain the following directions to the voter: 93 Part 3 s 77 Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (b) the voter should read the directions carefully before vot- ing; and if the First Past the Post electoral system is being used for the poll, how and where on the voting document a voter exercises his or her vote (for example, a tick against a box); and if the Single Transferable Voting electoral system is be- ing used for the poll, how and where on the voting docu- ment a voter indicates his or her preference; and (d) what the voter should do if he or she spoils the voting (c) (e) (f) document; and what the voter must do with the voting document after voting; and any other requirements that are particular to the voting method or electoral system that is being used.
(2) In addition to the directions to the voter, every voting docu- ment for a poll must contain the following: (a) information that is necessary to identify the elector on the electoral roll and the voting document issued to that elector; and the name of the local government area to which the poll relates; and a full statement of the proposal of the poll and whether or not the poll is a binding poll or a non-binding poll; and an illustration of how and where the voter indicates his or her choice or preferences, as the case may be.
(b) (c) (d) (3) Voting documents for a poll may contain any other information that the electoral officer considers appropriate to ensure that— all electors who are qualified to vote have a reasonable (a) and equal opportunity to vote (including, without limi- tation, information in a language other than English); and the secrecy of the vote is maintained.
(b) Approval of voting documents for use at elections and polls A voting document may not be used at an election or poll un- less it is consistent with at least 1 of the general formats that 77 94 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 80 have been approved for use by the Secretary for Local Gov- ernment or a person appointed by the Secretary for the purpose of approving formats for voting documents under this section.
Voting 78 (1) An elector may cast a vote using a voting document during the voting period in accordance with regulations made under this Act.

(2) No vote received by the electoral officer after the close of voting may be counted, unless permitted by regulations made under this Act.
Early processing of votes 79 (1) A local authority may determine, by resolution, that the voting documents in respect of a triennial general election, or a poll or election conducted in conjunction with a triennial general election, are to be processed during the voting period.
(2) A local authority may determine, by resolution, that the voting documents in respect of any election or poll (other than a tri- ennial general election or a poll conducted in conjunction with a triennial general election) are to be processed during the vot- ing period.

Subsection (2) does not limit subsection (1).


For the purposes of this section, local authority means— (a) (b) a territorial authority; and a local authority that undertakes the processing of votes for the election to which a resolution under subsection (1) or subsection (2) relates.

(3) (4) Section 79: substituted, on 25 December 2002, by section 28 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
Section 79(1): amended, on 7 July 2004, by section 11(1) of the Local Electoral Amendment Act 2004 (2004 No 62).

Section 79(4): added, on 7 July 2004, by section 11(2) of the Local Electoral Amendment Act 2004 (2004 No 62).
80 (1) Processing before close of voting If a local authority has made a determination under section 79, the electoral officer must ensure that voting documents 95 Part 3 s 81 Local Electoral Act 2001 Reprinted as at 24 January 2009 (2) received before the close of voting are processed in the pre- scribed manner.
Subsection (1) does not require the electoral officer to ensure the taking of any particular step (whether prescribed or other- wise) in relation to the processing of a voting document during the voting period if the electoral officer decides, on reasonable grounds, that it is not efficient to take that step in relation to that voting document in that period.
(3) Any step that, in relation to a voting document, is started but not completed at the close of voting must be completed after the close of voting in the prescribed manner.

If the processing of a voting document is not completed at the close of voting, the processing of the voting document must be completed after the close of voting.
(4) 81 Scrutineers’ presence at processing prohibited before close of voting (1) No scrutineer may be present when any step referred to in sec- (2) (3) 82 (1) tion 80 is being taken during the voting period.

[Repealed] [Repealed] Section 81(2): repealed, on 25 December 2002, by section 29 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

Section 81(3): repealed, on 25 December 2002, by section 29 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
Justices of the Peace to observe processing before close of voting The electoral officer must appoint at least 1 Justice of the Peace, and may appoint as many additional Justices as the electoral officer considers necessary, to observe the process- ing of voting documents under section 80.

(2) At least 1 Justice appointed under subsection (1) must be pre- sent when any step referred to in section 80 is being taken dur- ing the voting period or is being completed after the close of voting.
Every Justice appointed under subsection (1) must give a cer- tificate to the electoral officer stating whether or not the Just- (3) 96 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 84 ice is satisfied that section 80 and the regulations prescribing the procedure for early processing of voting documents were complied with while the Justice was observing the processing of voting documents.
(4) A Justice who gives a certificate stating that he or she is not satisfied that section 80 or that the applicable regulations were complied with must attach a report to the certificate setting out any way in which the section or regulations, as the case may be, were not complied with.
83 (1) (2) Scrutiny of roll The electoral officer must, in the presence of those scrutin- eers who choose to be present and any Justice of the Peace appointed under section 82 who chooses to be present, record, before the counting of the votes, the name of all electors who appear to have voted at the election or poll.
If the electoral officer is satisfied that more than 1 vote has been cast in the name of any elector at the same election or poll, the electoral officer must disallow every vote cast in the name of that elector, in the prescribed manner.

(3) Despite subsection (2), if the electoral officer is satisfied that the elector cast only 1 vote and was not in any way involved with the casting of the other vote or votes, the electoral officer must allow the elector’s vote and disallow the other vote or votes.
Subsection (1) is subject to section 68(4).

Section 83(1): amended, on 7 July 2004, by section 12 of the Local Electoral Amendment Act 2004 (2004 No 62).
(4) 84 (1) Counting of votes Immediately after the close of voting, the electoral officer must, in the presence of those scrutineers who choose to be present and any Justice of the Peace appointed under section 82 who chooses to be present, count the votes cast at the election or poll in accordance with— (a) the procedures prescribed for counting in respect of the electoral system used for the election or poll; and 97 Part 3 s 84 Local Electoral Act 2001 Reprinted as at 24 January 2009 (b) the procedures prescribed for counting in respect of the voting method or voting methods used at the election or poll.
Subsections (3) to (5) apply if elections for the position of mayor and a member or members of the territorial authority are held at the same time using either the Single Transferable Voting electoral system or the First Past the Post electoral sys- tem.
If the electoral officer is satisfied, after the close of voting, that any person who is a candidate for the position of mayor and is also a candidate at the election of the member or members of the territorial authority will be declared to be elected as mayor, the electoral officer must endorse that opinion on the candidate’s nomination form for the position of mayor.
If the electoral officer makes an endorsement under subsection (3), that candidate ceases to be available for election, and can- not be elected at the election of the member or members of the territorial authority.

If, for any reason, a person is declared to be elected as mayor and that person is also elected to be a member of the territorial authority, section 88 applies.
(2) (3) (4) (5) (5B) (5A) Subsections (5B) to (5D) apply if elections for the position of a member or members of a territorial authority and a member or members of any of its community boards are held at the same time using either the Single Transferable Voting electoral system or the First Past the Post electoral system.
If the electoral officer is satisfied, after the close of voting, that any person who is a candidate for the position of member of a territorial authority and is also a candidate at the election of the member or members of any of its community boards will be declared to be elected as a member of the territorial authority, the electoral officer must endorse that opinion on the candidate’s nomination form for the position of member of the territorial authority.
If the electoral officer makes an endorsement under subsection (5B), that candidate ceases to be available for election, and cannot be elected at the election of the member or members of the community board.

(5C) 98 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 87 (5D) (6) If, for any reason, a person is declared to be elected as a mem- ber of the territorial authority and that person is also elected to be a member of a community board, section 88A applies.
Subsection (1) is subject to section 68(4).

Section 84(5A): inserted, on 25 December 2002, by section 30 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 84(5B): inserted, on 25 December 2002, by section 30 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 84(5C): inserted, on 25 December 2002, by section 30 of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 84(5D): inserted, on 25 December 2002, by section 30 of the Local Electoral Amendment Act 2002 (2002 No 85).

85 86 87 (1) Preliminary results The electoral officer must, in accordance with the prescribed requirements, make any announcements required by regula- tions made under this Act concerning the preliminary results of an election or poll.

Section 85: substituted, on 25 December 2002, by section 31 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
Declaration of result The electoral officer conducting an election or poll must give public notice declaring the official result of the election or poll in the prescribed manner as soon as practicable after— (a) (b) (c) Section 86(a): repealed, on 7 July 2004, by section 13 of the Local Electoral Amendment Act 2004 (2004 No 62).

[Repealed] the validity of all special votes has been determined; and all valid votes have been counted.
Death or incapacity of elected candidate before declaration of result of election This section applies if— (a) a candidate in any election dies or becomes incapable under any Act of holding the office for which the can- didate was nominated; and the death or incapacity occurs after the close of voting; and— (b) 99 Part 3 s 88 Local Electoral Act 2001 Reprinted as at 24 January 2009 (i) (ii) before the declaration of the result of the election under section 86; or if an amended declaration of the result of the elec- tion is ordered under section 92(3), before that amended declaration has been given; and that candidate would, had the death or incapacity not occurred, have been declared to be elected.
(c) (2) (3) (4) (5) If the candidate is a candidate other than a candidate in a may- oral election,— (a) the electoral officer must give public notice declaring any other successful candidate at the election to be elected; and the vacancy arising from the death or incapacity of the candidate is to be treated as an extraordinary va- cancy occurring on the date of the declaration or of the amended declaration, as the case may be.
(b) (b) If the candidate is a candidate in a mayoral election, the elect- oral officer must, by public notice,— (a) give notice of the death, or the incapacity, or the invalid nomination of the candidate; and countermand the notice of the election given under sec- tion 65; and declare the election to be void.
(c) If subsection (3) applies, any votes in the election must not be counted, but all other provisions of this Act and regulations made under this Act relating to the secrecy of the vote and security of election records apply in respect of that election.

If subsection (3) applies, a new election must be held and the provisions of section 102 apply accordingly, with any neces- sary modifications.
Compare: 1976 No 144 s 44 88 What happens if same person elected as mayor and another member If, at any elections for the mayor and a member or members of a territorial authority held at the same time, a person is declared to be elected as the mayor and that person is also elected to be another member (and that person is not deprived of either office by a recount under section 92 or on a petition under (1) 100 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 88 (2) (3) (4) section 93), that person is to be treated as having vacated office as another member.
If subsection (1) applies and the elections were conducted us- ing the First Past the Post electoral system, then,— (a) subject to paragraph (b), the electoral officer conduct- ing the election must give an amended declaration under section 86 declaring the highest polling unelected can- didate at the election to be elected; and if the district of the territorial authority is divided into wards for electoral purposes, the electoral officer con- ducting the election must give an amended declaration under section 86 declaring the highest polling unelected candidate at the election in the ward at which the person elected as mayor was also elected as another member to be elected.
(b) (b) If subsection (1) applies and the elections were conducted us- ing the Single Transferable Voting electoral system, then,— subject to paragraph (b), the electoral officer must— (a) (i) determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected if the per- son elected as mayor had not stood at the elec- tion; and give an amended declaration under section 86 declaring that unelected candidate to be elected: if the district of the territorial authority is divided into wards for electoral purposes, the electoral officer con- ducting the election must— (i) (ii) determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected at the election in the ward at which the person who was elected as mayor was also elected as another member, if the person elected as mayor had not stood at that election; and give an amended declaration under section 86 declaring that unelected candidate to be elected.
In every case to which subsection (2) or subsection (3) applies, the period of 21 days referred to in section 93(2) in respect of (ii) 101 Part 3 s 88A Local Electoral Act 2001 Reprinted as at 24 January 2009 (5) the person declared by that amended declaration to be elected as a member, begins to run from the date of the amended dec- laration.
If there is no other candidate who may lawfully be declared to be elected by means of the amended declaration, an extra- ordinary vacancy in the office of member is to be treated as having occurred on the date on which the mayor came into of- fice as mayor.

Compare: 1974 No 66 s 101W Section 88(3)(a)(i): amended, on 25 December 2002, by section 32(a) of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 88(3)(b)(i): amended, on 25 December 2002, by section 32(b) of the Local Electoral Amendment Act 2002 (2002 No 85).
88A What happens if same person elected to both territorial (1) (2) authority and community board This section applies if, at any elections held at the same time for a member or members of a territorial authority and a mem- ber or members of a community board constituted in respect of part of the district of the territorial authority, a person is declared to be elected as a member of the territorial authority and that person is also declared to be elected as a member of the community board (and that person is not deprived of either office by a recount under section 92 or on a petition under sec- tion 93).
If this section applies, the person declared to be elected to both offices must be treated as having vacated office as a member of the community board.

Section 88A: inserted, on 25 December 2002, by section 33 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
88B Amended declaration if election under First Past the Post electoral system If section 88A applies and the elections were conducted using the First Past the Post electoral system, then,— (a) subject to paragraphs (b) and (c), the electoral officer conducting the election of members of the community board must give an amended declaration under section 102 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 88C (b) (c) 86 declaring the highest polling unelected candidate at the election to be elected; and if the part of the district in respect of which the com- munity is constituted is divided into wards or subdiv- isions for electoral purposes, the electoral officer con- ducting the election must, subject to paragraph (c), give an amended declaration under section 86 declaring the highest polling unelected candidate at the election in the ward or subdivision (at which the person elected as a member of the territorial authority was also elected as a member of the community board) to be elected; and the electoral officer must, in determining for the pur- poses of paragraph (a) or paragraph (b) the person who is the highest polling unelected candidate, ignore any unelected candidate for membership of the community board who was elected as a member of the territorial au- thority.
Section 88B: inserted, on 25 December 2002, by section 33 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
88C Amended declaration if election under Single Transferable Voting electoral system If section 88A applies and the elections were conducted using the Single Transferable Voting electoral system, then,— (a) subject to paragraphs (b) and (c), the electoral officer must— (i) determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected as a mem- ber of the community board if the person elected as a member of the territorial authority had not stood at the election; and give an amended declaration under section 86 declaring that unelected candidate to be elected: if the part of the district in respect of which the commu- nity is constituted is divided into wards or subdivisions for electoral purposes, the electoral officer conducting the election must— (ii) (b) 103 Part 3 s 88D Local Electoral Act 2001 Reprinted as at 24 January 2009 (i) determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected (at the election in the ward or subdivision at which the person who was elected as a member of the terri- torial authority was also elected as a member of the community board) if the person elected as a member of the territorial authority had not stood at that election; and give an amended declaration under section 86 declaring that unelected candidate to be elected: the electoral officer must, in determining for the pur- poses of paragraph (a) or paragraph (b) the unelected candidate who is to be declared by the amended declar- ation to be elected, treat all persons who were elected as members of the territorial authority as if they had never stood for election as members of the community board.
Section 88C: inserted, on 25 December 2002, by section 33 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

(ii) (c) 88D Application of provision relating to petition for inquiry In every case to which section 88B or section 88C applies, the period of 21 days referred to in section 93(2) in respect of the person declared by that amended declaration to be elected as a member of the community board begins to run from the date of the amended declaration.
Section 88D: inserted, on 25 December 2002, by section 33 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

88E What happens if no amended declaration can be made (1) This section applies if, in any case to which section 88A ap- plies, there is no other candidate who may lawfully be declared to be elected by means of the amended declaration as a mem- ber of the community board.
If this section applies, an extraordinary vacancy in the office of member of the community board is to be treated as having occurred on the date on which the person who was declared to be elected both as a member of the territorial authority and as a (2) 104 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 3 s 89 member of the community board came into office as a member of the territorial authority.
Section 88E: inserted, on 25 December 2002, by section 33 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
88F What happens if member of community board becomes (1) (2) member of territorial authority This section applies if, at any election other than an election to which section 88A applies, a person who is a member of a community board constituted in respect of part of a district of a territorial authority is declared to be elected as a member of that territorial authority (and that person is not deprived of his or her office as a member of that territorial authority by a recount under section 92 or a petition under section 93).
If this section applies, the person declared to be elected as a member of the territorial authority must be treated as having vacated office as a member of the community board.

Section 88F: inserted, on 25 December 2002, by section 33 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

(2) Electoral records 89 (1) As soon as practicable after the completion of the count, the electoral officer must secure all voting documents and speci- fied materials in the prescribed manner.
The voting documents and materials referred to in subsection (1) must be deposited with the Registrar of the District Court that, in the opinion of the electoral officer, is nearest to the principal office of the local authority.
The Registrar of the District Court must ensure that the voting documents and materials received under subsection (2)— (a) (3) are kept securely— (i) (ii) for a period of 21 days after public notice is given declaring the result of the election or poll; or in a case where an application is made for a re- count or a petition demanding an inquiry is filed, until the completion of the recount or inquiry; and (b) are then destroyed.
105 Part 4 s 90 Local Electoral Act 2001 Reprinted as at 24 January 2009 on the order of a court of competent jurisdiction; or in accordance with regulations made under this Act.

(4) Access to the voting documents and materials received under subsection (2) must not be given to any person except— (a) (b) In this section, specified materials means those documents or records specified in regulations made under this Act as mater- ials to which this section applies.
Section 89(1): amended, on 7 July 2004, by section 14 of the Local Electoral Amendment Act 2004 (2004 No 62).
(5) Part 4 Disputed elections and polls Recount of votes cast at election Application for recount If any candidate has reason to believe that the public declar- ation by the electoral officer of the number of votes received by any candidate is incorrect, and that on a recount of those votes the first-mentioned candidate might be elected, he or she may, within 3 days after the public declaration, apply to a District Court Judge for a recount of the votes.
Every application for a recount must be accompanied by the prescribed deposit.
If the District Court Judge is satisfied that the applicant has reasonable grounds to believe that the declaration is incorrect and that on a recount the applicant might be elected, the Dis- trict Court Judge must, as soon as practicable after receiving the application, and the deposit required by subsection (2),— (a) (b) cause a recount of the votes to be made; and give notice in writing to the electoral officer and to each of the candidates and to each scrutineer appointed under section 66 or section 91 of the time and place at which the recount will be made.
Compare: 1976 No 144 s 43(1)–(3) Scrutineers at recount Each candidate may, by notice in writing, appoint 1 or more scrutineers for the recount, whether or not the candidate has already appointed 1 or more scrutineers under section 66.

90 (1) (2) (3) 91 (1) 106 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 4 s 93 (2) Subsections (2) and (3) of section 68 apply, with any necessary modifications, for the purposes of an appointment under this section.
(3) Not more than 1 scrutineer for any candidate (whether ap- pointed under section 66 or under this section) may be present at the same time at a recount.

Compare: 1976 No 144 s 43(4), (5) Conduct of recount 92 (1) At the recount, the electoral officer must produce to the District (2) (3) (4) (b) Court Judge all the voting documents used at the election.
The recount must be made in the presence of the District Court Judge, or of an officer appointed by him or her for the purpose, and— (a) must, as far as is practicable, be made in the manner provided in the case of the original count unless the District Court Judge orders otherwise; and section 74 (relating to security and secrecy) applies, with any necessary modifications, to the recount.
If, on the recount, the District Court Judge finds that the public declaration was incorrect, the Judge must order the electoral officer to give an amended declaration under section 86 of the result of the election.

The District Court Judge may make any order as to the costs of, and incidental to, the recount that the Judge considers just and, subject to any order, must direct the deposit made under section 90 to be returned to the person who made it.
Compare: 1976 No 144 s 43(6)–(9) Inquiry into election or poll Petition for inquiry 93 (1) Any candidate or any 10 electors with a complaint about the conduct of an election or poll may file a petition in the District Court demanding— (a) (b) an inquiry into the conduct of the election or poll; or an inquiry into the conduct of a candidate or any other person at the election or poll.
(2) A petition under subsection (1) must— 107 Part 4 s 94 Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (b) (c) (d) be filed within 21 days after public notice is given declaring the result or, as the case may be, the amended result of the election or poll; and be filed in the District Court to which the voting docu- ments for the election or poll to be inquired into were forwarded; and be accompanied by the prescribed deposit; and specify the specific grounds on which the complaint is based; and be heard and determined by a District Court Judge.
(e) If a petition under subsection (1) is filed at a District Court, the Registrar of that court must immediately send a copy of the petition to the electoral officer.

Compare: 1976 No 144 s 99 (3) Specified grounds only to be investigated 94 (1) No grounds other than those stated in the petition may be in- vestigated, except with the leave of the District Court Judge hearing the petition.
Leave may be given under subsection (1)— (a) only after reasonable notice has been given to any af- fected person; and on such terms and conditions (if any) that the District Court Judge considers just.
(2) (b) (3) Despite subsection (1),— (a) (b) if the petition concerns an election, evidence may be given to prove that the election of any defeated candi- date would be invalid in the same manner as if the peti- tion had complained of the candidate’s election: if the petition concerns a poll, evidence may be given to prove that a proposal other than that declared to be carried was— (i) (ii) carried and not rejected; or rejected and not carried.
Compare: 1976 No 144 s 100 95 Who may be respondent (1) Notice of an intention to oppose a petition may be filed in the District Court in which the petition is filed by— 108 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 4 s 98 (2) 96 97 (1) (2) 98 (a) (b) (c) any candidate or any 10 electors, if the petition concerns an election; or any 10 electors, if the petition concerns a poll; or an electoral officer or other electoral official, if the peti- tion complains of the conduct of the electoral officer or other electoral official.
The person or persons who file a notice under subsection (1) are the respondent or respondents to the petition.

Compare: 1976 No 144 s 101 Time for holding inquiry The inquiry must be commenced within 14 days after the filing of the petition, and not less than 7 days’ public notice must be given of the time and place at which the inquiry will be held.
Compare: 1976 No 144 s 102 Powers of District Court Judge For the purposes of the inquiry, the District Court Judge con- ducting it— (a) has and may exercise all the powers of citing parties, compelling evidence, and maintaining order that the Judge would have in the Judge’s ordinary civil jurisdic- tion; and (b) may, in addition, at any time during the inquiry direct a recount or scrutiny of the votes given at the election or poll.
If a recount or scrutiny is conducted under subsection (1)(b), the District Court Judge must disallow the vote of every person who— (a) has voted, despite not being entitled to vote at the elec- tion or poll; or has voted more than once at the election or poll.
(b) Compare: 1976 No 144 s 103 Result of inquiry The District Court Judge must determine whether,— (a) as a result of an irregularity that in the Judge’s opinion materially affected the result of the election or poll, the election or poll is void: 109 Part 4 s 99 Local Electoral Act 2001 Reprinted as at 24 January 2009 (b) (c) in the case of an election, the candidate whose election is complained of, or any and which other candidate, was elected: in the case of a poll, any and which proposal was car- ried.
Compare: 1976 No 144 s 104 99 (1) (2) (c) (b) Election or poll not void by reason of certain irregularities If subsection (2) applies, an election or poll must not be de- clared void on the ground of— (a) any irregularity in any of the proceedings preliminary to the voting; or any failure to hold the election or poll at any place ap- pointed for holding the election or poll; or a failure to comply with the directions contained in this Act or any regulations made under this Act as to the conduct of the election or poll or the counting of the votes; or by any mistake in the use of prescribed forms.
(d) This subsection applies if the District Court Judge conducting an inquiry into the conduct of an election or poll, having taken account of whether the election or poll was conducted in ac- cordance with the principles set out in section 4, considers that the irregularity, failure, or mistake referred to in subsection (1) did not affect the result of the election or poll.
Compare: 1976 No 144 s 120 100 Costs of inquiry (1) The District Court Judge may order that all or part of the ex- penses of, or incidental to, the inquiry are to be met by— (a) (b) any party or parties to the inquiry; or any electoral officer or other electoral official if the Judge declares the election or poll void on the ground of negligence or intentional or reckless misconduct by that electoral officer or other electoral official.
The order has the same effect and may be enforced as a judg- ment for a debt obtained under the District Courts Act 1947.

(2) 110 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 4 s 102 (3) Despite subsection (1), no order may be made against any per- son who is not a party to the inquiry unless the person has been summoned to appear and give evidence at the inquiry.
Compare: 1976 No 144 s 106(1) 101 Return of deposit (1) The District Court Judge must direct that the deposit required by section 93(2)(c) be returned to the person who paid it un- less, in the opinion of the Judge, the petitioner or petitioners have failed to establish— (a) (b) the grounds of complaint specified in the petition; or any other grounds investigated with the leave of the Judge.
(2) (3) If paragraph (a) or paragraph (b) of subsection (1) applies, the deposit, or any part of the deposit remaining after any order under section 100 is satisfied, is forfeited to the Crown.

This section applies subject to any order made under section 100.
Compare: 1976 No 144 s 106(2) 102 New election or poll if election or poll declared void (1) If an election or poll is declared void, a new election or poll must be held or taken under the same provisions, as far as practicable, as those applicable to the void election or poll.
The new election or poll must be held or taken,— (a) (2) in a case where the election or poll is declared void in the period beginning on 25 December in any year and ending on 8 November in the following year, as soon as is practicable, but not later than 82 days after the date on which the electoral officer is notified of the declaration: in a case where the election or poll is declared void in the period after 8 November and before 25 December in any year, on a day not more than 82 days after 27 De- cember.
(b) (3) The only persons eligible to vote at the new election or poll are the persons who were eligible to vote at the void election or poll.

111 Part 4 s 103 Local Electoral Act 2001 Reprinted as at 24 January 2009 (4) The electoral roll to be used for the new election or poll is the electoral roll used at the void election or poll, without any amendments or additions.
(5) Despite subsections (3) and (4), if an election or poll is de- clared void as a result of an irregularity in the electoral roll, the District Court Judge may order that, for the purposes of the new election or poll,— (a) specified amendments or additions or deletions be made to that roll; or specified kinds of amendments or additions or deletions be made to that roll; or an updated version of that roll be prepared incorporating 1 or more of the changes authorised under paragraphs (a) or (b).
(b) (c) (6) The only persons eligible to be nominated as candidates at the new election are the persons who were qualified to be nomin- ated as candidates at the void election.

Compare: 1976 No 144 s 107 103 Order to be final (1) Every determination or order under this Part is final and may not be removed into the High Court by any procedure.

(2) No proceedings may be brought in the High Court questioning the validity of any election or poll under this Act.
Compare: 1976 No 144 s 108 Part 5 Electoral expenses Interpretation In this Part,— applicable period before the close of polling day means the period beginning 3 months before the close of polling day and ending with the close of polling day electoral activity, in relation to a candidate at an election, means an activity— (a) that is carried out by the candidate or with the candi- date’s authority; and 104 112 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 5 s 104 (b) (c) (d) (e) that relates to the candidate solely in the candidate’s capacity as a candidate and not to the candidate— (i) in his or her capacity as a member of the local authority or community board, or as the holder of any other office; or in any other capacity; and (ii) that comprises— (i) (ii) (iii) (iv) advertising of any kind; or radio or television broadcasting; or publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; or any electronic communication to the public, in- cluding (without limitation) the establishment or operation of a website or other method of com- munication to the public using the Internet; and that relates exclusively to the campaign for the election of the candidate; and that takes place within the applicable period before the close of polling day electoral donation, in relation to a candidate at an election,— (a) means a donation (whether of money or the equivalent of money or of goods or services or of a combination of those things) of a
 sum or value of more than $1,000 (such amount being inclusive of any goods and services tax and of a series of donations made by or on behalf of any one person that aggregate more than $1,000) made to the candidate, or to any person on the candidate’s behalf, for use by or on behalf of the candidate in the campaign for his or her election; and includes, if goods or services are provided to the candi- date, or to any person on the candidate’s behalf, under a contract at 90% or less of their reasonable market
 value, the amount of the difference between the contractual price of the goods or services and the reasonable market value of those goods or services; but does not include the labour of any person that is pro- vided to the candidate free of charge by that person (b) (c) 113 Part 5 s 105 Local Electoral Act 2001 Reprinted as at 24 January 2009 (c) (b) (d) electoral expenses, in relation to a candidate at an election,— (a) means expenses that are incurred by or on behalf of the candidate in respect of any electoral activity; and includes expenses that are incurred by or on behalf of the candidate, before or after the applicable period be- fore the close of polling day, in respect of any electoral activity; and includes the reasonable market value of any materials applied in respect of any electoral activity that are given to the candidate or that are provided to the candidate free of charge or below reasonable market value; and includes the cost of any printing or postage in respect of any electoral activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the candidate; but does not include the expenses of operating a vehicle on which election advertising appears if that vehicle is used in good faith by the candidate as the candidate’s personal means of transport; and does not include expenses incurred by the candidate in preparing a candidate profile statement; and does not include the labour of any person that is pro- vided to the candidate free of charge by that person (g) (e) (f) population means the population, as at the day that is 3 months before the close of polling day, of a local government area as specified in a certificate issued in respect of that area by the Government Statistician.
Compare: 1993 No 87 ss 213(1), 214F Section 104 population: amended, on 25 December 2002, by section 34 of the Local Electoral Amendment Act 2002 (2002 No 85).

105 Periods for claiming and paying expenses (1) No claim against a candidate, or against any agent of a candi- date, in respect of any electoral expenses is recoverable unless it is sent to the candidate within 30 days after the day on which the successful candidates are declared to be elected.
114 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 5 s 108 (2) All electoral expenses incurred by or on behalf of a candidate must be paid within 60 days after the day on which the suc- cessful candidates are declared to be elected.
Compare: 1993 No 87 s 206 106 Procedure if claim disputed (1) If a candidate, in the case of a claim for electoral expenses sent in to him or her within the time allowed by this Act, disputes it, or fails to pay it within 60 days,— (a) (b) the claim is a disputed claim; and the claimant may, if he or she thinks fit, within a further 30 days, bring an action for the disputed claim in any court of competent jurisdiction.
(2) Any sum paid by the candidate to satisfy the judgment or order of the court in any action referred to in subsection (1) is to be treated as paid within the time allowed by this Act.
Compare: 1993 No 87 s 207 107 Leave to pay claim after time limited (1) A District Court may, on the application of the claimant or the candidate, grant leave to the candidate to pay a disputed claim, or to pay a claim for any electoral expenses, even though it is sent in after the time allowed by this Act, if the court considers it in the interests of justice to grant that leave.
(2) Any sum specified in the order granting that leave may be paid by the candidate and, when paid, is to be treated as paid within the time allowed by this Act.

Compare: 1993 No 87 s 208 108 Payments to be vouched by bill Every payment made in respect of any electoral expenses must, except when it is less than $200 (inclusive of goods and services tax), be vouched by— a bill stating the particulars; and (a) (b) a receipt.
Compare: 1993 No 87 s 209 115 Part 5 s 109 Local Electoral Act 2001 Reprinted as at 24 January 2009 109 Return of electoral expenses (1) Within 55 days after the day on which the successful candi- dates at any election are declared to be elected, every candi- date at the election must transmit to the electoral officer a re- turn setting out— (a) (b) the candidate’s electoral expenses; and the name and address of each person who made an elect- oral donation to the candidate and the amount of each electoral donation; and if an electoral donation of money or of the equivalent of money is made to the candidate anonymously and the amount of that donation exceeds $1,000,— the amount of that donation; and (i) the fact that it has been received anonymously.
(ii) (c) (2) (3) (4) Every return under subsection (1) must be in the form pre- scribed in Schedule 2 or to similar effect.

If the candidate is outside New Zealand on the day on which the successful candidates are declared to be elected, the return must be transmitted by the candidate to the electoral officer within 21 days after the date of the candidate’s return to New Zealand.

It is the duty of every electoral officer to ensure that this section is complied with.
Compare: 1993 No 87 s 210(1)–(3) 110 Return to be open for public inspection The electoral officer must keep every return under section 109 in the electoral officer’s office, or at some other convenient place to be appointed by the chief executive of the local au- thority, for a period of 7 years after the date of the election to which it relates, and— (a) during that period the return must be open to inspection by any person; and at the expiry of that period the electoral officer must ensure that the return is destroyed.
(b) Compare: 1993 No 87 s 211 Section 110: amended, on 25 December 2002, by section 35 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
116 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 5 s 111 111 Maximum amount of electoral expenses (1) The total electoral expenses (inclusive of goods and services tax) of a candidate must not— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) exceed $3,500 if any local government area over which the election is held has a population smaller than 5 000: exceed $7,000 if any local government area over which the election is held has a population smaller than 10 000 and larger than 4 999: exceed $14,000 if any local government area over which the election is held has a population smaller than 20 000 and larger than 9 999: exceed $20,000 if any local government area over which the election is held has a population smaller than 40 000 and larger than 19 999: exceed $30,000 if any local government area over which the election is held has a population smaller than 60 000 and larger than 39 999: exceed $40,000 if any local government area over which the election is held has a population smaller than 80 000 and larger than 59 999: exceed $50,000 if any local government area over which the election is held has a population smaller than 100 000 and larger than 79 999: exceed $55,000 if any local government area over which the election is held has a population smaller than 150 000 and larger than 99 999: exceed $60,000 if any local government area over which the election is held has a population smaller than 250 000 and larger than 149 999: exceed $70,000 if any local government area over which the election is held has a population of 250 000 or more.
(2) Despite subsection (1), if a candidate is a candidate for more than 1 election held at the same time, the total electoral ex- penses (inclusive of goods and services tax) of that candidate must not exceed the highest amount permitted under subsec- tion (1) in respect of any one of the elections for which the person is a candidate.
Compare: 1993 No 87 s 213(2) 117 Part 5 s 112 Local Electoral Act 2001 Reprinted as at 24 January 2009 112 Apportionment of electoral expenses (1) If any activity of the kind described in paragraphs (a) to (d) of the definition of the term electoral activity (as set out in section 104) is, in relation to a candidate at an election, carried on both before and within the applicable period before the close of polling day,— (a) the expenses incurred in respect of the activity (being expenses incurred by or on behalf of the candidate) must be properly apportioned so that a fair proportion of those expenses is attributed to the carrying on of the ac- tivity in the applicable period before the close of polling day; and the fair proportion of those expenses are electoral ex- penses.
(b) (2) If any election activity relates exclusively to campaigns for the election of 2 or more candidates, any electoral expenses in respect of that electoral activity must be apportioned equitably in relation to each of those candidates.

Compare: 1993 No 87 ss 213(4), 214(1) Section 112(2): amended, on 25 December 2002, by section 36 of the Local Electoral Amendment Act 2002 (2002 No 85).
113 Advertisements for candidates (1) No person may publish or cause to be published in any news- paper, periodical, notice, poster, pamphlet, handbill, billboard, or card, or broadcast or permit to be broadcast over any radio or television station, any advertisement that is used or appears to be used to promote or procure the election of a candidate at an election, unless subsection (2) or subsection (4) applies.
(2) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if— (a) the publication of that advertisement is authorised in writing by the candidate or the candidate’s agent or, in the case of an advertisement relating to more than 1 candidate, the candidates or an agent acting for all of those candidates; and the advertisement contains a statement setting out the true name of the person or persons for whom or at whose (b) 118 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 5 s 114 direction it is published and the address of his or her place of residence or business.
(3) A candidate is not responsible for an act committed by an agent without the consent or connivance of the candidate.
(4) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if— (a) the publication of the advertisement is endorsed by an organisation or body representing residents or ratepay- ers in the community or district in which the advertise- ment is published; and the advertisement contains a statement setting out— (i) (b) the true name of the person or persons for whom or at whose direction it is published and the ad- dress of his or her residence or place of business; and the true name of the organisation or body that has endorsed the publication of the advertisement and the address of the place of business of that organisation or body.
(ii) (5) This section does not restrict the publication of any news or comments relating to an election in a newspaper or other peri- odical, or on the Internet, or in any other medium of electronic communication accessible by the public, or in a radio or tele- vision broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989.

Compare: 1993 No 87 s 221 114 Use of public money Sections 111 and 112 do not validate any use of public money that would otherwise be unlawful.
Compare: 1993 No 87 s 213(5) 119 Part 6 s 115 Local Electoral Act 2001 Reprinted as at 24 January 2009 Part 6 Term of elected members and extraordinary vacancies Term of membership of elected members 115 When members come into office (1) A candidate at a triennial general election who is declared to be elected before polling day comes into office on polling day.

In any other case, a candidate at any election comes into office on the day after the day on which the candidate is declared to be elected.
(2) (3) A person appointed to fill an extraordinary vacancy comes into office at the time of his or her appointment.
116 When members leave office (1) Every member of a local authority or community board, unless vacating office sooner, vacates office,— (a) in a case where the member’s office is the subject of an election, when the members elected at the next election come into office: in a case where provision is made by any enactment to fill a vacancy by appointment, when the member’s successor comes into office.
(b) (2) Despite subsection (1)(a), if a member’s office is the subject of an election, and neither the member nor any other person is elected at the election to that office, the member vacates office at the same time as any other member of the local authority who is not re-elected at the election.

Section 116(2): added, on 25 December 2002, by section 37 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
Filling of extraordinary vacancies 117 Extraordinary vacancy in local authority or community board If a vacancy occurs in the office of a member of a local au- thority or in the office of an elected member of a community board more than 12 months before the next triennial general (1) 120 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 6 s 117 (2) election, the vacancy must be filled by an election under this Act.
If a vacancy occurs in the office of a member of a local au- thority or in the office of an elected member of a community board 12 months or less than 12 months before the next trien- nial general election, the chief executive of the local authority concerned must notify the local authority or community board of the vacancy immediately.
(3) On receiving notice under subsection (2), the local authority or community board must, at its next meeting (other than an extraordinary meeting) or, if that is not practicable, at its next subsequent meeting (other than an extraordinary meeting), de- termine by resolution— (a) that the vacancy will be filled by the appointment by the local authority or community board of a person named in the resolution who is qualified to be elected as a mem- ber; or that the vacancy is not to be filled.
(b) If for any reason the person specified in the resolution is un- available, or otherwise unable to be notified of the appoint- ment, a further vacancy occurs in that office.

(4) (6) (5) Despite subsection (3), if the vacancy is for the office of mayor, the vacancy must not be left unfilled but must be filled by ap- pointment of one of the other members of the local authority as mayor.
If any member is appointed or elected to fill a vacancy in the office of mayor,— (a) the person is to be treated as having vacated the office of a member; and the vacancy in the office of a member is an extraordinary vacancy and this section and sections 118 to 120 apply.

Section 117(2): amended, on 25 December 2002, by section 38 of the Local Electoral Amendment Act 2002 (2002 No 85).

(b) Section 117(3): amended, on 7 July 2004, by section 15 of the Local Electoral Amendment Act 2004 (2004 No 62).
121 Part 6 s 117A Local Electoral Act 2001 Reprinted as at 24 January 2009 117A Power to fill by appointment extraordinary vacancy in community board If a local authority, despite complying with section 120, is un- able to fill by election an extraordinary vacancy in the office of an elected member of a community board (being an extraor- dinary vacancy to which section 117(1) applies), the commu- nity board may (instead of having the local authority conduct a further election in accordance with section 120) determine by resolution that the vacancy will be filled by the appointment by the community board of a person named in the resolution who is qualified to be elected as a member.
Section 117A: inserted, on 25 December 2002, by section 39 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
118 Notice of intention to fill vacancy by appointment (1) If, under section 117(3)(a) or section 117A, a local authority or community board resolves that a vacancy will be filled by the appointment of a person by the local authority or community board, it must immediately, unless the vacancy is for the office of mayor, give public notice of— the resolution; and (a) the process or criteria by which the person named in the (b) resolution was selected for appointment.
The local authority or community board must, at a meeting held not later than the expiry of the prescribed period, by resolution confirm the appointment described in the resolution under subsection (1); and the person appointed is for all pur- poses to be treated as having been elected to fill the vacancy on the date on which that resolution is made.

For the purposes of subsection (2), the expiry of the pre- scribed period is 30 days after the date of notification of the resolution under subsection (1).
If for any reason the person specified in the resolution is un- available or otherwise unable to be confirmed in the appoint- ment, a further vacancy occurs in that office.

Section 118(1): amended, on 25 December 2002, by section 40 of the Local Electoral Amendment Act 2002 (2002 No 85).
(2) (3) (4) 122 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 6 s 120 119 Notice of intention to leave vacancy unfilled If, under section 117(3)(b), a local authority or community board resolves not to fill a vacancy, it must immediately give public notice of its decision.
120 Election to fill extraordinary vacancy (1) If an extraordinary vacancy is to be filled by an election,— (a) (b) the chief executive of the local authority concerned must give notice of the vacancy to the electoral officer; and the election must be held not later than 82 days after the date on which the electoral officer receives notice of the vacancy, and the provisions of this Act and any regulations made under this Act apply accordingly and with any necessary modifications.
(2) (3) If an election is to be held under subsection (1), an election must be held at the same time to fill every extraordinary va- cancy on the local authority or community board— (a) that is unfilled at the time the extraordinary vacancy occurred; or that is created after the extraordinary vacancy occurred and before the election commences.
(b) If the electoral officer receives notice of an extraordinary va- cancy to which subsection (2)(b) refers before the commence- ment of voting at the election, the electoral officer may— (a) countermand the notice previously given in respect of the election to fill the first-mentioned vacancy or vacan- cies; and give fresh notice appointing the polling day for an elec- tion to fill all the vacancies.
(b) (4) All nominations received in respect of the countermanded election that are still in effect on the date of the giving of the fresh public notice continue in effect as if they had been made in respect of the election to be held on the substituted day appointed by the electoral officer.

(5) Any qualified person who was not nominated as a candidate at the countermanded election may be nominated as a candidate at the election to be held on the substituted date.
123 Part 7 s 121 Local Electoral Act 2001 Reprinted as at 24 January 2009 Section 120(1)(a): amended, on 25 December 2002, by section 41 of the Local Electoral Amendment Act 2002 (2002 No 85).
Part 7 Offences Illegal nomination, etc Every person commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, who— (a) consents to being nominated as a candidate for an elect- ive office knowing that he or she is incapable under any Act of holding that office; or signs a nomination paper purporting to nominate as a candidate a person who is, to the knowledge of the per- son signing, incapable under any Act of holding that office; or signs a nomination paper purporting to nominate an- other person as a candidate knowing that he or she is not qualified to vote at the election of the person named in the nomination paper as the candidate.
(b) (c) Compare: 1976 No 144 s 53 (b) Interfering with or influencing voters Every person commits an offence, and is liable on summary conviction to a fine not exceeding $5,000, who— (a) interferes in any way with any person who is about to vote with the intention of influencing or advising that person as to how he or she should vote: prints, publishes, distributes, or delivers to any per- son (using any medium or means of communication) a document, paper, notice, or message, being or purport- ing to be in imitation of any voting document to be used at the election or poll that,— (i) in the case of an election, includes the name of a candidate or candidates, together with any di- rection or indication as to the candidate or candi- dates for whom any person should vote: in the case of a poll, includes a statement or indi- cation as to how any person should vote: (ii) 121 122 (1) 124 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 7 s 123 (c) (iii) in any way contains or suggests any such direc- tion or indication or other matter likely to influ- ence how any person votes: prints, publishes, or distributes any instruction on the method of marking the voting document that differs in any material way from the instructions required by this Act or any regulations made under this Act to accom- pany the voting document.
(2) Despite subsection (1)(b), it is not an offence under that subsection to print, publish, distribute, or deliver a card or leaflet (not being an imitation voting document) on which is printed— (a) the names of all or any of the candidates and the elective offices for which they are candidates (with or without the name of the organisations or groups to which those candidates are affiliated, and including those who are independent); and nothing else.
(b) (3) Nothing in this section applies to— (a) (b) any official statement or announcement made or exhib- ited under the authority of this Act or regulations made under this Act; or any candidate profile statement, published, displayed, or distributed under the authority of this Act or regula- tions made under this Act.
Compare: 1976 No 144 s 54 123 Offences in respect of official documents (1) Every person commits an offence who— (a) intentionally removes, obliterates, or alters any official mark or official writing on any voting document, or other official document used at an election or poll: intentionally places any mark or writing that might be mistaken for an official mark or official writing on any voting document, or other official document used at an election or poll: forges, counterfeits, fraudulently marks, defaces, or fraudulently destroys any voting document, or other (b) (c) 125 Part 7 s 124 Local Electoral Act 2001 Reprinted as at 24 January 2009 (d) (e) (f) official document used at an election or poll, or the official mark on that document: supplies, without authority, a voting document to any person: obtains or has possession of any voting document, other than one issued to that person under this Act or any regulations made under this Act for the purpose of recording his or her vote, without authority: intentionally destroys, opens, or otherwise interferes with any ballot box or box or parcel of voting docu- ments without authority.
(2) Every person who commits an offence against subsection (1) is liable on conviction on indictment,— (a) in the case of an electoral officer or other electoral offi- cial, to imprisonment for a term not exceeding 2 years: in the case of any other person, to imprisonment for a term not exceeding 6 months.
(b) Compare: 1976 No 144 s 56(1)–(3) 124 Voting offences Every person commits an offence, and is liable on convic- tion on indictment to imprisonment for a term not exceeding 2 years, who— (a) votes or applies to vote more than once at the same election or poll; or (b) without authority, removes, deletes, or otherwise inter- feres with any voting document, or other record of a vote that has been cast.
Compare: 1976 No 144 s 56(4) 125 Bribery (1) Every person commits the offence of bribery who, directly or indirectly, on that person’s own or by another person,— (a) gives, lends, agrees to give or lend, offers, promises, or promises to obtain any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, in order to induce any elector to vote or refrain from voting; or 126 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 7 s 125 (b) (c) gives or obtains, agrees to give or obtain, offers, promises, or promises to obtain or to try to obtain any office or place of employment to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, in order to induce the elector to vote or refrain from voting; or corruptly does any act referred to in paragraph (a) or paragraph (b) on account of an elector having voted or refrained from voting; or (e) (d) makes any gift, loan, offer, promise, or agreement re- ferred to in paragraph (a) or paragraph (b) for, or with, any person in order to induce that person to obtain or try to obtain the election of any person or the vote of any elector; or upon or as a consequence of any gift, loan, offer, promise, or agreement referred to in paragraph (a) or paragraph (b), obtains, or tries to obtain, the election of any person or the vote of any elector; or advances or pays, or causes to be paid, any money to or for the use of any other person, intending that that money or any part of it will be used for bribery at any election or poll; or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly used for bribery at any election or poll.
(g) (f) (2) An elector commits the offence of bribery if,— (a) (b) before or during the voting period at the election or poll, he or she, directly or indirectly, on his or her own or by another person, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to refrain from vot- ing: after the voting period at the election or poll, he or she directly or indirectly, on his or her own or by another person, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.
127 Part 7 s 126 Local Electoral Act 2001 Reprinted as at 24 January 2009 (3) Every person who commits bribery is liable on conviction on indictment to imprisonment for a term not exceeding 2 years.
Compare: 1976 No 144 s 57 126 Treating (1) Every person commits the offence of treating who corruptly, before, during, or after an election or poll, and directly or in- directly, on that person’s own or by another person, gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person— (a) for the purpose of influencing that person or any other person to vote or refrain from voting; or for the purpose of obtaining his or her election; or on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.
(b) (c) (2) Every holder of a licence under the Sale of Liquor Act 1989 commits the offence of treating who knowingly supplies any food, drink, entertainment, or provision— (a) to any person, if the supply is demanded for 1 or more of the purposes specified in subsection (1); or to any person, whether an elector or not, for the purpose of obtaining the election of a candidate or affecting the result of a poll, and without receiving payment for it at the time when it is supplied.
(b) (3) Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

(4) Despite subsections (1) to (3), the provision of light refresh- ments after any meeting relating to an election or poll does not constitute the offence of treating.

Every person who commits the offence of treating is liable on conviction or indictment to imprisonment for a term not exceeding 2 years.
Compare: 1976 No 144 s 58 (5) 128 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 7 s 128 127 Undue influence (1) Every person commits the offence of undue influence— (a) who, directly or indirectly, on that person’s own or by another person, makes use of or threatens to make use of any force, violence, or restraint against any person— in order to induce or compel that person to vote (i) or refrain from voting: on account of that person having voted or re- frained from voting: (ii) (b) who, by abduction, duress, or any fraudulent device or means,— (i) (ii) impedes or prevents the free exercise of the vote of any elector: compels, induces, or prevails upon any elector either to vote or to refrain from voting.
(2) Every person who commits the offence of undue influence is liable on conviction on indictment to imprisonment for a term not exceeding 2 years.
Compare: 1976 No 144 s 59; 1997 No 13 s 59 128 Personation (1) (b) (c) Every person commits the offence of personation who, at any election or poll,— (a) votes in the name of some other person (whether living or dead), or of a fictitious person: having voted, votes again at the same election or poll: having returned a voting document, applies for or re- turns another voting document with the intention of re- turning an additional valid voting document or invali- dating a vote already cast at the same election or poll (whether or not any voting document he or she returns is valid).
(2) Every person who commits the offence of personation is liable on conviction on indictment to imprisonment for a term not exceeding 2 years.
Compare: 1976 No 144 s 60; 1997 No 13 s 60 129 Part 7 s 129 Local Electoral Act 2001 Reprinted as at 24 January 2009 129 (1) Infringement of secrecy Every electoral officer, deputy electoral officer, and other electoral official— (a) must maintain and assist in maintaining the secrecy of the voting; and (b) must not communicate to any person, except for a pur- pose authorised by law, any information likely to com- promise the secrecy of the voting.
(2) No person, except as provided by this Act or regulations made under this Act, may— (a) (b) (c) interfere with or attempt to interfere with a voter when marking or recording his or her vote; or attempt to obtain, in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, any information as to any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or communicate at any time to any person any information obtained in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, as to— (i) any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or any number on a voting document marked or transmitted by the voter.
(ii) (3) Every person present at the counting of votes must— (a) maintain and assist in maintaining the secrecy of the voting; and (b) must not, except as is provided by this Act or regulations made under this Act, communicate any information ob- tained at that counting as to any candidate for whom, or proposal for or against which, any vote is cast by a particular voter.
(4) No person may, directly or indirectly, induce any voter to dis- play or provide access to his or her voting document or any copy of that document after it has been marked or transmitted, 130 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 7 s 131 (5) (6) so as to make known to any person the name of any candi- date for or against whom, or proposal for or against which, the voter has voted.

Every person commits an offence who contravenes or fails to comply with this section.
Every person who commits an offence against subsection (5) is liable on summary conviction to imprisonment for a term not exceeding 6 months.
Compare: 1976 No 144 s 62 130 Disclosing voting or state of election or poll (1) Every electoral officer, deputy electoral officer, other electoral official, Justice of the Peace, or scrutineer commits an offence who— (a) makes known for what candidate or candidates or for which proposal any particular voter has voted for or against, except as provided by this Act or regulations made under this Act; or before the close of voting, makes known the state of the election or poll or gives or pretends to give any infor- mation by which the state of the election or poll may be known.
(b) (2) Subsection (1)(b) does not prevent an electoral officer from disclosing the total number of voting documents so far re- turned at an election or poll at any time during the voting period.

(3) A person who commits an offence against subsection (1) is liable on summary conviction to a fine— (a) not exceeding $5,000 for an electoral officer or deputy electoral officer: not exceeding $2,000 for any other person.
(b) Compare: 1976 No 144 s 63 131 Penalty for electoral officer, deputy electoral officer, and other electoral officials Every electoral officer, deputy electoral officer, or other elect- oral official commits an offence, and is liable on summary con- viction to a fine not exceeding $2,000, who is guilty of any in- 131 Part 7 s 132 Local Electoral Act 2001 Reprinted as at 24 January 2009 tentional or reckless act of commission or omission contrary to the provisions of this Act or regulations made under this Act in respect of any election or poll, and for which no other penalty is imposed by this Act or regulations made under this Act.
Compare: 1976 No 144 s 64 Electoral expenses 132 Payments in breach of section 105 (1) Every person commits an offence who makes a payment in contravention of section 105.

Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $5,000.

(2) 133 Failure to transmit return (1) Every candidate commits an offence who fails to transmit a return of electoral expenses in the prescribed form to the elect- oral officer within the prescribed period.
Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $1,000 and, if he or she has been elected, to a further fine not exceed- ing $400 for every day on which he or she continues to act until the return is transmitted.
Compare: 1993 No 87 s 210(4) 134 False return (1) Every candidate commits an offence who transmits a return of electoral expenses knowing that it is false in any material particular, and is liable on conviction on indictment to impris- onment for a term not exceeding 2 years or to a fine not ex- ceeding $10,000.
Every candidate commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who transmits a re- turn of electoral expenses that is false in any material particular unless the candidate proves— (a) that he or she had no intention to mis-state or conceal the facts; and that he or she took all reasonable steps to ensure that the information was accurate.
(b) (2) (2) 132 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 7 s 138 135 Unauthorised advertisements (1) (2) Every person commits an offence who wilfully contravenes section 113(1).

Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $1,000.

Section 135: substituted, on 25 December 2002, by section 42(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
136 Excessive expenditure (1) (2) Every candidate or other person commits an offence who di- rectly or indirectly pays or knowingly aids or abets any person in paying for or on account of any electoral expenses any sum in excess of the prescribed maximum amount, knowing that the payment is in excess of the prescribed maximum amount, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000.
Every candidate or other person commits an offence who di- rectly or indirectly pays or knowingly aids or abets any person in paying for or on account of any electoral expenses any sum in excess of the prescribed maximum amount and is liable on summary conviction to a fine not exceeding $5,000, unless the candidate or other person proves that he or she took all reason- able steps to ensure that the electoral expenses did not exceed the prescribed maximum amount.
General provisions 137 Property may be stated as being in electoral officer In any proceedings for an offence in relation to any voting documents or other official documents, files, records, instru- ments, or devices used officially for an election or poll, the property in those documents, files, records, and instruments is to be treated as that of the electoral officer at that election or poll.
Compare: 1976 No 144 s 61 138 Duty to take action in respect of offences (1) If the electoral officer at any election or poll— 133 Part 8 s 138A Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (b) receives a written complaint that an offence under this Part has been committed; or believes for any other reason that an offence under this Part may have been committed,— the electoral officer must report that matter to the Police to- gether with the results of any enquiries made by the electoral officer that he or she considers appropriate.
Subsection (1) does not prevent any person from reporting an alleged offence to the Police.

(2) (3) Despite subsection (1), an electoral officer is not required to report the failure by a candidate at an election to file the return required by section 109(1) within the period prescribed in sec- tion 109, if the candidate files that return promptly after being required by the electoral officer to file the return.
Section 138(3): added, on 25 December 2002, by section 43 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
Part 8 Miscellaneous provisions 138A Special provision in relation to certain elections to fill extraordinary vacancies and certain polls (a) (1) Despite section 19ZF(3), section 33(3), and section 120(1),— if an electoral officer receives a notice under section 19ZC(5), section 19ZD(4), 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 19ZF or section 33, or for the election under section 120(1), must be a day not earlier than 10 February in the following year; and if an electoral officer receives a notice under section 19ZC(5), section 19ZD(4), 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 19ZF or section 33, or for the election under section 120(1), must be a day not earlier than 7 March in the following year; and (b) 134 Reprinted as at 24 January 2009 (c) Local Electoral Act 2001 Part 8 s 139 if an electoral officer receives a notice under section 19ZC(5), section 19ZD(4), section 30(4), section 31(3), or section 120(1)(a) in the period that begins on 16 De- cember in any year and ends with the close of 12 Janu- ary in the following year, the polling day for the poll under section 19ZF or section 33, or for the election under section 120(1), must be a day not earlier than 4 April in that following year.
(2) In any case to which paragraph (a) or paragraph (b) or para- graph (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 Elect- oral Amendment Act 2002 (2002 No 85).
139 Regulations (1) The Governor-General may, by Order in Council, make regu- lations— (a) prescribing the powers and duties of electoral officers or other electoral officials, either generally or in relation to any specified class of election or poll or in relation to any specified election or specified poll: authorising the use of one or both electoral systems in elections and polls, or any specified class of election or poll, or any specified election or poll, describing each authorised electoral system, and prescribing conditions, standards, performance measures, and forms for the op- eration of that system: authorising the use of 1 or more voting methods in elec- tions and polls, or any specified class of election or poll, or any specified election or poll, describing each author- ised voting method, and prescribing conditions, stand- ards, performance measures, and forms for the oper- ation of that method: prescribing conditions, standards, performance meas- ures, procedures, and forms for the operation of special voting: (b) (c) (d) 135 Part 8 s 139 Local Electoral Act 2001 Reprinted as at 24 January 2009 (e) (f) (g) (h) (i) (j) (k) (l) (la) authorising the use of special procedures for the cast- ing of votes by any specified class of person, including (without limitation) persons with specified disabilities, and persons living or travelling overseas or living in re- mote locations: prescribing standards, performance measures, proced- ures, and forms for the purposes of enrolment or the compilation and use of electoral rolls, authorising the creation and use of electoral rolls for the purpose of any specified class of election or poll or for any specified election or poll or any other specified purpose, and regu- lating the use of electoral rolls generally: prescribing deposits or fees to be paid under this Act or regulations made under this Act or authorising the imposition of reasonable charges for the performance of specified functions: prescribing standards, performance measures, proced- ures, and
 forms for the conduct of elections or polls, or any specified class of election or poll, or any speci- fied election or poll, and regulating the conduct of those elections or polls: regulating the conduct of electoral officers, deputy electoral officers, other electoral officials, scrutineers, candidates, voters, electors, and any other person, at elections or polls, or at any specified class of election or poll, or at any specified election or poll: prescribing forms required for the purposes of this Act or in connection with the enrolment of electors or in connection with any election or poll: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act: prescribing penalties for offences against regulations made under this Act, not exceeding a fine of $2,000: regulating (in any way that is not inconsistent with Part 1A and Schedule 1A) the method of determining mem- bership and the basis of election of local authorities: 136 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 8 s 140A (2) (3) (m) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
Regulations may not be made under subsection (1)(c) au- thorising the use of a voting method (other than booth voting or postal voting or a combination of both methods) unless the Minister advises that he or she is satisfied that the voting method to be authorised for use will be able to operate in a manner consistent with the principles described in section 4.
The Minister may not give the advice referred to in subsection (2) unless he or she has first consulted with those organisations or bodies that the Minister considers to be representative of organisations or persons likely to be substantially affected by the regulations.

Compare: 1976 No 144 s 123 Section 139(1)(la): inserted, on 25 December 2002, by section 45 of the Local Electoral Amendment Act 2002 (2002 No 85).
140 Powers and duties of electoral officers Regulations made under section 139(1)(a) may include (with- out limitation) provision for the following: (a) 2 or more electoral officers to undertake specified du- ties or exercise specified powers in relation to the same election or poll: 1 or more electoral officers to issue directions to other electoral officers in relation to a specified class of elec- tion or poll, or any specified election or poll: 1 or more electoral officers to exercise, in relation to a specified class of election or poll or any specified elec- tion or poll some, but not all, of the powers given to electoral officers by this Act or regulations made under this Act.
(b) (c) 140A Electoral systems Regulations made under section 139(1)(b) may include (with- out limitation) provisions— (a) authorising or requiring 1 counting program to be used for the purpose of implementing the New Zealand method of counting single transferable votes or author- 137 Part 8 s 141 Local Electoral Act 2001 Reprinted as at 24 January 2009 (ab) (b) (c) (d) (e) ising more than 1 counting program or authorising a class of counting programs to be used for that purpose: for the purposes of assisting programmers and certi- fiers to perform the duties imposed by sections 19AA and 19AB, describing the technical processes involved in the implementation of the New Zealand method of counting single transferable votes: regulating the certification of 1 or more counting pro- grams or any class of counting programs for the purpose of implementing the New Zealand method of counting single transferable votes: regulating the operating environment in which any counting program can be used for the purpose of imple- menting the New Zealand method of counting single transferable votes: regulating the way in which any other computer pro- gram can be used for the purposes of an election or poll under this Act: imposing conditions or restrictions in relation to the use of any such counting program or other computer pro- gram for the purposes of an election or poll under this Act.
Section 140A: inserted, on 25 December 2002, by section 46 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

Section 140A(ab): inserted, on 7 July 2004, by section 16 of the Local Electoral Amendment Act 2004 (2004 No 62).
141 Voting methods Regulations made under section 139(1)(c) may include (with- out limitation) provisions prohibiting or regulating the use of the same or different voting methods for different elections or polls, or elections and polls,— (a) that are conducted— (i) (ii) at the same or similar times; or in the same or in similar local government areas; or by the same electoral officer: (iii) using the same or different electoral systems.
(b) 138 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 8 s 143 142 Electoral rolls Regulations made under section 139(1)(f) may include (with- out limitation)— (a) provision for different forms of electoral rolls for different classes of local government areas, including (without limitation) divided local government areas, and local government areas containing 1 or more com- munities: requirements for residential electors or ratepayer elect- ors, or any class of residential elector or ratepayer elector, to complete and deliver specified information (whether as a condition of enrolment or otherwise): requirements for the Chief Registrar of Electors or a Registrar of Electors to supply specified information in the prescribed manner to an electoral officer, or other electoral official, or any other class of person (with or without fee or on payment of a reasonable charge): requirements concerning the procedures for enrolment of ratepayer electors: provisions regulating the method and form of nomin- ation of ratepayer electors for enrolment by organisa- tions, bodies, societies or associations, or other persons (whether corporate or unincorporate): provisions regulating the inspection, copying by and use of electoral rolls by local authorities, electoral officials, members of the public or any class of persons, either generally or for any specified purposes.
(b) (c) (d) (e) (f) 143 Conduct of elections and polls (1) Regulations made under section 139(1)(h) may include (with- out limitation)— (a) provisions— (i) prescribing the method of conducting elections to fill extraordinary vacancies, and requiring any other class of election to be held using that method: varying the method of conducting polls pre- scribed in this Act if the poll is conducted under section 18 or section 19: (ii) 139 Part 8 s 144 Local Electoral Act 2001 Reprinted as at 24 January 2009 (b) (c) (iv) (v) provisions regulating— (i) (ii) (iii) the nomination of candidates: candidate profile statements: the issuing, handling, and processing of voting documents and other official documents: the management of official places: communication between voters and other per- sons: procedures for voting: the handling of spoilt voting documents: (vi) (vii) (viii) procedures after the close of voting: the scrutiny of the electoral roll: (ix) the conduct of the count: (x) (xi) the declaration of the result of the election or poll: provisions authorising or requiring electoral officers to publish, display, or distribute in the prescribed manner neutral information designed to assist voters to exercise an informed vote at polls conducted under this Act.
(2) Without limiting the powers conferred by section 139(1)(h), different provision may be made for the matters referred to in subsection (1)(b) in respect of— (a) (b) (c) (d) (e) Section 143(1)(b)(x): amended, on 7 July 2004, by section 17 of the Local Electoral Amendment Act 2004 (2004 No 62).

each electoral system: each voting method: ordinary and special voting respectively: elections and polls respectively: different classes of elections and polls.
144 Transitional regulations [Repealed] Section 144: repealed, on 1 July 2002, by section 145.

145 Expiry of section 144 Section 144 expires on the close of 30 June 2002 and on the close of that date is repealed.

140 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 8 s 148 (2) 146 Regulations having effect under this Act (1) The Local Government (Electoral) Regulations 1992 (SR 1992/62) are to be treated as regulations made under this Act.
The regulations specified in subsection (1) may be amended from time to time under the corresponding empowering pro- vision (if any) in this Act or (if there is no corresponding pro- vision in this Act), as if this section contained the relevant em- powering provision (as it read immediately before the com- mencement of this section).
147 Cost of elections and polls (1) (2) If the electoral officer of a local authority conducts an election or poll, the reasonable costs and expenses of conducting that election or poll (except expenses of scrutineers and other ex- penses incurred by or on behalf of candidates) must be paid by the local authority.
If an electoral officer of a local authority conducts an election or poll using the services of any electoral official employed by or engaged by or on behalf of another local authority, the local authority for whom the election or poll is conducted must pay to the local authority whose employees or contractors have provided services the reasonable costs and expenses incurred by that local authority, as agreed by or on behalf of the local authorities concerned.
(3) Any dispute about the amount to be paid under subsection (2) must be determined by the Auditor-General after any inquiry that the Auditor-General thinks fit.

The decision of the Auditor-General under subsection (3) is final and binding on the local authorities concerned.

(4) (5) Nothing in this section limits the provisions of any other Act.
Compare: 1976 No 144 s 118 148 Validation of irregularities (1) The Governor-General may, by Order in Council published in the Gazette, do any of the things described in subsection (2) if— 141 Part 8 s 149 Local Electoral Act 2001 Reprinted as at 24 January 2009 (a) (b) (c) (d) (e) anything is omitted to be done at the time required by or under this Act or any regulations made under this Act; or anything cannot be done at the time required by or under this Act or any regulations made under this Act; or anything is done before or after the time required by or under this Act or any regulations made under this Act; or anything is otherwise irregularly done in matter of form; or sufficient provision is not made by or under this Act or any regulations made under this Act.
(2) The things are,— (a) at any time before or after the time within which the thing is required to be done, to extend that time; or to validate anything done before or after the time re- quired; or to validate anything irregularly done in matter of form; or to make such other provision for the case as he or she thinks fit.
(b) (c) (d) Compare: 1976 No 144 s 122; 1997 No 53 s 63 149 Amendments to section 101ZQ of Local Government Act 1974 [Repealed] Section 149: repealed, on 25 December 2002, by section 53(c) of the Local Electoral Amendment Act 2002 (2002 No 85).

150 Amendment to Schedule 2 of New Zealand Public Health and Disability Act 2000 Amendment(s) incorporated in the Act(s).

151 Amendments to other enactments The enactments set out in Schedule 3 are amended in the man- ner set out in that schedule.
152 Repeals and revocations (1) The enactments set out in Part 1 of Schedule 4 are repealed.

142 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 8 s 156 (2) The regulations set out in Part 2 of Schedule 4 are revoked.
153 Transitional provisions relating to electoral systems Sections 27 to 35 (which relate to electoral systems for elec- tions and polls) do not apply to the triennial general election to be held on 13 October 2001 or to any poll taken in conjunc- tion with that election, and that election (and any poll taken in conjunction with that election), and any election to fill an extraordinary vacancy held before the triennial general elec- tion in October 2004, must be conducted using the First Past the Post electoral system.
Section 153: amended, on 25 December 2002, by section 47 of the Local Elect- oral Amendment Act 2002 (2002 No 85).

154 Transitional provisions relating to returning officers (1) Every person who, immediately before the commencement of this Act, was the returning officer for a local authority is, with- out further appointment, the electoral officer for that local au- thority.
(2) Despite section 14(2) and subsection (1), a person who be- comes an electoral officer by operation of subsection (1) must complete a declaration of the appropriate kind as soon as prac- ticable after the commencement of this section.

155 Transitional provisions relating to electoral rolls Sections 38 to 51 (which relate to electoral rolls) do not apply to the triennial general election to be held on 13 October 2001 or to any poll taken in conjunction with that election.
156 Further transitional provisions relating to electoral rolls (1) For the purposes of the triennial general election and any poll to be held on 13 October 2001,— (a) sections 7B to 7K of the Local Elections and Polls Act 1976 continue to apply subject to the provisions of this section and with any other necessary modifications; but the residential electoral roll required by section 7BA of that Act and the ratepayer electoral roll required by section 7BB of that Act must, if the rolls relate to the (b) 143 Part 8 s 156 Local Electoral Act 2001 Reprinted as at 24 January 2009 same local government area, be treated as 1 electoral roll for the purposes of this Act.
For the purposes of the triennial general election and any poll to be held on 13 October 2001: (a) section 7BA of the Local Elections and Polls Act 1976 applies as if, after the words “Local Government Act 1974” in subsection (1), there appeared the words “or, as the case requires, section 23 of the Local Electoral Act 2001”: section 7BB of the Local Elections and Polls Act 1976 applies as if, after the words “Local Government Act 1974” in subsection (1)(a), there appeared the words “or, as the case requires, section 24 of the Local Elect- oral Act 2001”: section 7BE of the Local Elections and Polls Act 1976 applies as if, after the words “Local Government Act 1974” in subsection (1), there appeared the words “or, as the case requires, section 24 of the Local Electoral Act 2001”: section 7BF of the Local Elections and Polls Act 1976 applies as if, after the words “Local Government Act 1974” in subsection (1), there appeared the words “or, as the case requires, section 24 of the Local Electoral Act 2001”.
(b) (c) (d) For the purposes of the triennial general election and any poll to be held on 13 October 2001, section 7H of the Local Elec- tions and Polls Act 1976 applies as if,— (a) for the words “before the 18th day before polling day” which appear in subsection (1), there were substituted the words “before 14 September 2001”; and for the words “on the 18th day before polling day” which appear in subsection (2), there were substituted the words “on 14 September 2001”.
(b) For the purposes of the triennial general election and any poll to be held on 13 October 2001, section 111 of the Local Elec- tions and Polls Act 1976 applies as if,— (a) for the words “sections 22 and 107 of this Act”, which appear in subsection (1), there were substituted the (2) (3) (4) 144 Reprinted as at 24 January 2009 Local Electoral Act 2001 Part 8 s 157 (b) (c) words “section 70 of the Local Electoral Act 2001”; and for the words “4 o’clock in the afternoon of the 43rd day”, which appear in subsection (1), there were substi- tuted the words “4 o’clock in the afternoon of 31 August 2001”; and for the words “paragraph (b) or paragraph (c) of section 37 of this Act”, which appear in subsection (2), there were substituted the words “section 20(2) or section 21 of the Local Electoral Act 2001”.
(5) (6) For the purposes of the triennial general election and any poll to be held on 13 October 2001, any power or duty conferred on the principal administrative officer of a local authority by sec- tions 7B to 7K of the Local Elections and Polls Act 1976 may instead be exercised by the electoral officer of that authority.

This section overrides section 151.
157 Transitional provisions relating to voting documents For the purposes of the triennial general election and any poll to be held on 13 October 2001,— (a) (b) sections 75 to 77 do not apply to voting documents: sections 25 and 25A of the Local Elections and Polls Act 1976 apply to the voting documents to be used at the election and any poll, and those sections and the provisions referred to in those sections apply— (i) as if every reference to a “voting paper” or “vot- ing papers” were a reference to a “voting docu- ment” or “voting documents”, as the case may require; and (ii) with any modifications specified in regulations made under this Act; and (iii) with any other necessary modifications.
145 Schedule 1 Local Electoral Act 2001 Reprinted as at 24 January 2009 Schedule 1 New Zealand method of counting single transferable votes [Repealed] s 5 Schedule 1: repealed, on 7 July 2004, by section 18 of the Local Electoral Amendment Act 2004 (2004 No 62).
146 Reprinted as at 24 January 2009 Local Electoral Act 2001 Schedule 1A Schedule 1A Provisions relating to Māori wards and Māori constituencies s 19ZH Schedule 1A: inserted, on 25 December 2002, by section 49 of the Local Elect- oral Amendment Act 2002 (2002 No 85).
1 (1) (2) Review of representation arrangements for election of territorial authority If, for the purposes of a triennial general election, a district of a territorial authority (being a district that is not already divided into 1 or more Māori wards) is required to be divided into 1 or more Māori wards, the territorial authority must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19H.
That determination must be made as if the territorial authority were required by section 19H to determine by resolution, in accordance with Part 1A,— (a) the proposed number of members of the territorial au- thority (other than the mayor); and (b) whether— (i) (ii) all of the proposed members of the territorial au- thority (other than the mayor) are to be separately elected by the electors of 1 or more Māori wards and the electors of 1 or more general wards; or some of the proposed members of the territorial authority (other than the mayor) are to be elected by the electors of the district as a whole and some to be elected separately by the electors of 1 or more Māori wards and 1 or more general wards, and, if so, what number of members are to be elected by electors of the district as a whole, and what number are to be elected separately.
the proposed number of members of the territorial au- thority to be elected by the electors of 1 or more Māori wards; and (c) 147 Schedule 1A Local Electoral Act 2001 Reprinted as at 24 January 2009 (f) (e) (d) the proposed number of members of the territorial au- thority to be elected by electors of 1 or more general wards; and the proposed name and the proposed boundaries of each ward; and the number of members proposed to be elected by the electors of each Māori ward; and the number of members proposed to be elected by the electors of each general ward.
This clause does not limit section 19B(1).
Compare: 2001 No 1 (L) s 5 (g) Calculation of number of Māori and general ward members The number of members to be elected by the electors of 1 or more Māori wards of the district of a territorial authority (Māori ward members) is to be determined in accordance with the following formula: where— nmm is the number of Māori ward members mepd is the Māori electoral population of the district gepd is the general electoral population of the district nm is the proposed number of members of the territorial authority (other than the mayor).
If a determination is made under clause 1(2)(b)(ii), the defin- ition of nm in the formula must be applied as if for the words “proposed number of members of the territorial authority (other than the mayor)” there were substituted the words “pro- posed number of members of the territorial authority (other than the mayor and the members to be elected by electors of the district as a whole)”.
If the number of the Māori ward members (other than the mayor) calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half.

If the fraction exceeds a half, the number of Māori ward members (3) 2 (1) (2) (3) 148 Reprinted as at 24 January 2009 Local Electoral Act 2001 Schedule 1A (4) must be the next whole number above the number that includes the fraction.
The number of members to be elected by the electors of 1 or more general wards is to be determined by subtracting from the proposed number of members of the territorial authority (other than the mayor, or, if the case requires, other than the mayor and the members of the territorial authority to be elected by electors of the district as a whole) the number of Māori ward members, as calculated under subclauses (1) and (3).
(5) Despite Part 1A and the provisions of this schedule, if the num- ber of Māori ward members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori ward members as so determined is a fraction of the whole number 1 that does not exceed one half),— (a) the district must not be divided into 1 or more Māori wards and 1 or more general wards: the provisions of clauses 1, 5, and 6 of this schedule must not be applied for the purposes of any determin- ation under section 19H or section 19R.
(b) Compare: 2001 No 1 (L) s 6 Schedule 1A clause 2(5): amended, on 28 June 2006, by section 5(1) of the Local Electoral Amendment Act 2006 (2006 No 25).
3 (1) (2) Review of representation arrangements for election of regional council If, for the purposes of a triennial general election, a region of a regional council (being a region that is not already divided into 1 or more Māori constituencies) is required to be divided into 1 or more Māori constituencies, the regional council must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19I.
That determination must be made as if the regional council were required by section 19I to determine by resolution, in accordance with Part 1A,— (a) the proposed number of members of the regional coun- cil; and 149 Schedule 1A Local Electoral Act 2001 Reprinted as at 24 January 2009 (b) (c) (d) (e) (f) the proposed number of members of the regional coun- cil to be elected by the electors of 1 or more Māori con- stituencies; and the proposed number of members of the regional coun- cil to be elected by electors of 1 or more general con- stituencies; and the proposed name and the proposed boundaries of each constituency; and the number of members proposed to be elected by the electors of each Māori constituency; and the number of members proposed to be elected by the electors of each general constituency.
Compare: 2001 No 1 (L) s 5 4 (1) Calculation of number of Māori and general constituency members The number of members to be elected by the electors of 1 or more Māori constituencies of a regional council (Māori con- stituency members) is to be determined in accordance with the following formula: where— nmm is the number of Māori constituency members mepr is the Māori electoral population of the region is the general electoral population of the region gepr nm is the proposed number of members of the regional council.
If the number of the Māori constituency members calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half.

If the fraction exceeds a half, the number of Māori constituency members must be the next whole number above the number that includes the fraction.
The number of members to be elected by the electors of 1 or more general constituencies is to be determined by subtracting from the proposed number of members of the regional coun- (2) (3) 150 Reprinted as at 24 January 2009 Local Electoral Act 2001 Schedule 1A cil the number of Māori constituency members, as calculated under subclauses (1) and (2).
(4) Despite Part 1A and the provisions of this schedule, if the num- ber of Māori constituency members, as determined in accord- ance with the method of calculation in this clause, is zero (be- cause the number of Māori constituency members as so deter- mined is a fraction of the whole number 1 that does not exceed one half),— (a) the region must not be divided into 1 or more Māori constituencies and 1 or more general constituencies: the provisions of clauses 3, 5, and 6 of this schedule must not be applied for the purposes of any determin- ation under section 19I or section 19R.
(b) Compare: 2001 No 1 (L) s 6 Schedule 1A clause 4(4): amended, on 28 June 2006, by section 5(2) of the Local Electoral Amendment Act 2006 (2006 No 25).
5 (1) (2) (3) (b) Relationship with other provisions In exercising its powers and duties under sections 19H to 19U, and sections 19W to 19Y, a territorial authority or regional council or, as the case may require, the Commission must ensure that any proposal, revised proposal, or determination made under any of those sections is,— (a) in the case of a territorial authority, consistent with the calculations required by clause 2; and in the case of a regional council, consistent with the result of the calculations required by clause 4.
If it is proposed to alter the proposed number of members of a territorial authority or regional council at any time after that number is first determined in accordance with clause 1 or clause 3, the territorial authority or regional council or, as the case may require, the Commission must again make, in ac- cordance with the method of calculation specified in clause 2 or the method of calculation specified in clause 4, as the case may require, the determinations required by clause 1 or clause 3.
Subclause (2) does not limit subclause (1).
Compare: 2001 No 1 (L) s 7 151 Schedule 1A Local Electoral Act 2001 Reprinted as at 24 January 2009 Supplementary provisions regarding wards, constituencies, and boundaries In determining the number of wards and the boundaries of Māori wards, and the number of constituencies and the bound- aries of Māori constituencies, a territorial authority or regional council or, as the case may require, the Commission must, in addition to satisfying the requirements of section 19T or sec- tion 19U,— (a) ensure, to the extent that is reasonably practicable and is consistent with the requirements of paragraph (b), that— (i) (ii) the ratio of members to Māori electoral popula- tion in each Māori ward produces a variance of no more than plus or minus 10% (if 2 or more Māori wards for the district are proposed); and the ratio of members to Māori electoral popula- tion in each Māori constituency produces a vari- ance of no more than plus or minus 10% (if 2 or more Māori constituencies for the region are pro- posed): (b) have regard to— (i) the boundaries of any existing Māori electoral district; and communities of interest and tribal affiliations.
(ii) Population figures The Government Statistician must, at the request of a territor- ial authority or regional council or, if appropriate, the Com- mission, supply the territorial authority or regional council or the Commission with a certificate— (a) specifying the Māori electoral population for the district or region; and (b) the general electoral population of the district or region.
The numbers included in the certificate must be derived from information contained in the most recent report of the Gov- ernment Statistician to the Surveyor-General and to the other members of the Representation Commission made under sec- tion 35(6) of the Electoral Act 1993.

6 7 (1) (2) 152 Reprinted as at 24 January 2009 Local Electoral Act 2001 Schedule 1A (3) A certificate issued under subclause (1) is conclusive evidence of the information contained in that certificate.
Compare: 2001 No 1 (L) s 9 8 (1) This schedule to be read with Local Government Act 1974 or Local Government Act 2002 and other provisions of this Act This schedule is to be read in conjunction with the provisions of the Local Government Act 1974 or the Local Government Act 2002 and the other provisions of this Act, and the provi- sions of the Local Government Act 1974 or the Local Govern- ment Act 2002 and the other provisions of this Act and the pro- visions of any regulations made under either the Local Gov- ernment Act 1974 or the Local Government Act 2002 or this Act apply accordingly and with any necessary modifications.
(2) However, if there is any inconsistency between the provisions of this schedule and any provisions of the Local Government Act 1974 or the Local Government Act 2002 or of this Act or of any regulations made under the Local Government Act 1974 or the Local Government Act 2002 or this Act, this schedule prevails.
Compare: 2001 No 1 (L) s 4 153 Schedule 2 Local Electoral Act 2001 Reprinted as at 24 January 2009 s 109 Schedule 2 Return of electoral expenses and electoral donations Under section 109 of the Local Electoral Act 2001 the election held on the day I, AB, a candidate at of , make the following return of all electoral expenses incurred by me or on my behalf at the election and of all electoral donations made to me or to any person on my behalf.
20 Electoral expenses [Here set out separately the name and description of every person or body of persons to whom or which any sum was paid, and the reason for which it was paid.

Sums paid for radio broadcasting, television broadcasting, newspaper advertising, posters, pamphlets, etc, must be set out separately and under separate headings.]
Electoral donations [Here set out the name and description of every person or body of persons from whom or which any donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) of a sum or value of more than $1,000 (such amount being inclusive of any goods and services tax and of a series of do- nations made by or on behalf of any one person that aggregate more than $1,000 (inclusive of any goods and services tax)) was received by the candidate or by any other person on the candidate’s behalf for use by or on behalf of the candidate in the campaign for his or her election.
The amount of each donation received is to be set out separ- ately.

If a donation of a sum of more than $1,000 was received from an anonymous person, the amount of the donation must be stated and the fact that the person who made the donation is anonymous must also be stated.]

Dated at AB day of this 20 .

154 Reprinted as at 24 January 2009 Local Electoral Act 2001 Schedule 3 Schedule 3 Enactments amended Part 1 Acts amended s 151 Electoral Act 1993 (1993 No 87) Amendment(s) incorporated in the Act(s).
Goods and Services Tax Act 1985 (1985 No 141) Amendment(s) incorporated in the Act(s).

Human Rights Act 1993 (1993 No 82) Amendment(s) incorporated in the Act(s).

Income Tax Act 1994 (1994 No 164) Amendment(s) incorporated in the Act(s).

Legal Services Act 2000 (2000 No 42) Amendment(s) incorporated in the Act(s).

Local Government Act 1974 (1974 No 66) Amendment(s) incorporated in the Act(s).

New Zealand Public Health and Disability Act 2000 (2000 No 91) Amendment(s) incorporated in the Act(s).
Privacy Act 1993 (1993 No 28) Amendment(s) incorporated in the Act(s).

Public Works Act 1981 (1981 No 35) Amendment(s) incorporated in the Act(s).

Sale of Liquor Act 1989 (1989 No 63) Amendment(s) incorporated in the Act(s).

155 Schedule 3 Local Electoral Act 2001 Reprinted as at 24 January 2009 Part 1—continued Summary Proceedings Act 1957 (1957 No 87) Amendment(s) incorporated in the Act(s).
Part 2 Regulations amended Electoral Regulations 1996 (SR 1996/93) Amendment(s) incorporated in the regulations.

Sale of Liquor Regulations 1990 (SR 1990/61) Amendment(s) incorporated in the regulations.

156 Reprinted as at 24 January 2009 Local Electoral Act 2001 Schedule 4 Schedule 4 Repeals and revocations Part 1 Enactments repealed s 152 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) Amendment(s) incorporated in the Act(s).
Local Elections and Polls Act 1976 (1976 No 144) Local Government Amendment Act 1991 (1991 No 49) Amendment(s) incorporated in the Act(s).

Local Government Amendment Act 1992 (1992 No 42) Amendment(s) incorporated in the Act(s).

Local Government Amendment Act (No 3) 1996 (1996 No 83) Amendment(s) incorporated in the Act(s).

Postal Services Act 1998 (1998 No 2) Amendment(s) incorporated in the Act(s).

Sale of Liquor Amendment Act 1991 (1991 No 52) Amendment(s) incorporated in the Act(s).
Part 2 Regulations revoked Harbour Boards Elections Regulations 1952 (SR 1952/16) Hospital Boards and Committees of Management Regulations 1959 (SR 1959/130) Local Elections and Polls (Postal Voting) Order 1971 (SR 1971/129) 157 Schedule 4 Local Electoral Act 2001 Reprinted as at 24 January 2009 Part 2—continued Local Elections and Polls (Postal Voting) Order 1974 (SR 1974/113) Local Elections and Polls (Postal Voting) Order (No 2) 1974 (SR 1974/132) Soil Conservation Combined District Election Regulations 1944 (SR 1944/17) 158 Reprinted as at 24 January 2009 Local Electoral Act 2001 Local Electoral Amendment Act 2002 Public Act 2002 No 85 Date of assent 24 December 2002 Commencement see section 2 1 (1) (2) 2 50 (1) Title This Act is the Local Electoral Amendment Act 2002.
In this Act, the Local Electoral Act 2001 is called “the princi- pal Act”.

Commencement This Act comes into force on the day after the date on which this Act receives the Royal assent.
Declaration of Single Transferable Voting to be electoral system Single Transferable Voting is— (a) deemed to have been prescribed for use at an election or poll conducted under the principal Act, with effect on and after 14 October 2001; and deemed to be an electoral system (within the meaning of that term as defined in section 5(1) of the principal Act), with effect on and after 14 October 2001.
(b) (2) No action taken by a local authority or any other person on or after 14 October 2001 in reliance or purported reliance on any provision of the principal Act or any regulations made under the principal Act is invalid by reason that Single Transferable Voting was not prescribed for use at an election or poll con- ducted under the principal Act at the time that the action was taken.
In this section, Single Transferable Voting means Single Transferable Voting using either— (a) Meek’s method of counting votes; or (b) on and after the commencement of this section, the New Zealand method of counting single transferable votes.
(3) 159 Local Electoral Act 2001 Reprinted as at 24 January 2009 54 Transitional provision relating to polls on electoral systems (1) Any valid demand under section 29(1) of the principal Act (as it read before the commencement of this section) in respect of which no poll has been held before the commencement of this section must be treated, on and after the commencement of this section, as if it had been made under section 29(1) of the principal Act (as amended by section 11 of this Act).
(2) Any demand under section 29(1) of the principal Act made after the commencement of this section which refers to the pro- posal described in section 29(1) of the principal Act (as it read before the commencement of this section) must be treated as a demand referring to the proposal described in section 29(1) of the principal Act (as amended by section 11 of this Act).
(3) Any resolution made under section 31(1) of the principal Act (as it read before the commencement of this section) in respect of which no poll has been held before the commencement of this section must be treated, on and after the commencement of this section, as if it had been made under section 31(1) of the principal Act (as substituted by section 13 of this Act).
(4) On and after the commencement of this section, any poll held under section 33 of the principal Act (as it read before the com- mencement of this section) takes effect as if it had been held under section 33 of the principal Act (as amended by section 15 of this Act).
Certain determinations to remain in effect A determination that, immediately before the commencement of this section, was in effect under section 101K or section 101M of the Local Government Act 1974 continues in effect on and after the commencement of this section until a deter- mination made under Part 1A of the principal Act replacing that determination comes into effect.
55 160 Reprinted as at 24 January 2009 Local Electoral Act 2001 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 General This is a reprint of the Local Electoral Act 2001.

The reprint incorporates all the amendments to the Act as at 24 January 2009, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.
This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

of How reprints are prepared A number editorial in the preparation of enacting words provisions are that are repealed or conventions reprints.
not included followed are the For example, and in Acts, revoked are omitted.

161 Notes Local Electoral Act 2001 Reprinted as at 24 January 2009 see For a detailed list of http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 162 Reprinted as at 24 January 2009 Local Electoral Act 2001 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 47 Local Electoral Amendment Act 2006 (2006 No 25) Local Electoral Amendment Act 2004 (2004 No 62) Local Electoral Amendment Act 2002 (2002 No 85) Local Government Act 2002 (2002 No 84): section 262 Local Electoral Act Commencement Order 2001 (SR 2001/144) Local Electoral Act 2001 (2001 No 35): section 145 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 163