Local Electoral Act 2001

1: Title
This Act is the Local Electoral Act 2001.
2: Commencement
1: 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 different provisions.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 1 July 2001 clause 2 Section 2(1) brought into force 25 December 2002 section 42(2) Local Electoral Amendment Act 2002 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: 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 accommodate new technologies and processes as they are developed (through the use of regulations to prescribe matters of detail that will be the subject of future change); and
b: adopt uniform rules in relation to—
i: the timing of local elections; and
ii: the right of individuals to vote, stand for election, and nominate candidates for election; and
iii: the appointment, powers, and duties of electoral officers and other electoral officials; and
iv: the compilation of electoral rolls; and
v: the procedures to be adopted for the conduct of elections and polls; and
vi: offences against this Act and penalties for those offences; and
vii: disputed elections; and
viii: electoral expenses; and
ix: extraordinary vacancies; and
c: allow diversity (through local decision-making) in relation to—
i: the particular electoral system to be used for local elections and polls; and
ia: the regular review of representation arrangements for local authorities; and
ii: the particular voting method to be used for local elections and polls; and
d: implement the principles set out in section 4 Section 3(c)﻿(ia) inserted 25 December 2002 section 3 Local Electoral Amendment Act 2002
4: Principles
1: The principles that this Act is designed to implement are the following:
aa: representative and substantial electoral participation in local elections and polls:
a: fair and effective representation for individuals and communities:
b: all qualified persons have a reasonable and equal opportunity to—
i: cast an informed vote:
ii: nominate 1 or more candidates:
iii: accept nomination as a candidate:
c: public confidence in, and public understanding of, local electoral processes through—
i: the provision of a regular election cycle:
ii: the provision of elections that are managed independently from the elected body:
iii: protection of the freedom of choice of voters and the secrecy of the vote:
iv: the provision of transparent electoral systems and voting methods and the adoption of procedures that produce certainty in electoral outcomes:
v: the provision of impartial mechanisms for resolving disputed elections and polls.
2: Local authorities, electoral officers, and other electoral officials must, in making decisions under this Act or any other enactment, take into account those principles specified in subsection (1) that are applicable (if any), so far as is practicable in the circumstances.
3: This section does not override any other provision in this Act or any other enactment. Section 4(1)﻿(aa) inserted 21 March 2019 section 9 Local Government Regulatory Systems Amendment Act 2019
1: Preliminary provisions
5: Interpretation
1: In this Act, unless the context otherwise requires,— allotment section 218(2) candidate
a: means a person who has been nominated as a candidate in any election; and
b: includes, in Parts 5 5A census Data and Statistics Act 2022 close of nominations close of voting
a: if booth voting is the method of voting used at the election or poll, 7 pm on polling day:
b: if postal voting is the method of voting used at the election or poll, 12 noon on polling day:
c: 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 Commission section 37V section 28 community section 5(1) community board section 5(1) constituency counting program district dormant roll section 109 election local board, elector Electoral Commission section 4B electoral officer section 12(1) electoral official section 12(2) electoral system
a: the system commonly known as First Past the Post:
b: the system commonly known as Single Transferable Voting (STV) using the New Zealand method of counting single transferable votes electronic extraordinary vacancy First Past the Post section 5A general constituency General electoral district section 3(1) general electoral population section 3(1) general ward local authority local board or a local board section 5(1) local board area section 5(1) local government area Māori section 3(1) Māori constituency Schedule 1A Māori electoral district section 3(1) Māori electoral population
a: by ascertaining a proportion determined by dividing—
i: the total number of persons, on census day, either—
A: registered as electors of Māori electoral districts; or
B: named on the dormant rolls for Māori electoral districts; by
ii: the total number of Māori persons, on census day, either—
A: registered as electors of Māori electoral districts or General electoral districts; or
B: named on the dormant rolls for Māori electoral districts or General electoral districts; and
b: by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on census day Māori ward Schedule 1A member of a local authority Minister New Zealand method of counting single transferable votes Schedule 1A nomination day 57th official document official place
a: vote; or
b: apply for an ordinary or special vote; or
c: inspect the electoral roll; or
d: apply for enrolment or for amendment of the electoral roll; or
e: lodge nominations of candidates for an election on census day poll polling day region section 5(1) regional council section 5(1) roll roll of electors Single Transferable Voting section 5B subdivision a subdivision of a local board area or community, territorial authority section 5(1) voting document
a: an electronic document or electronic message that is designed to enable a voter to record his or her vote at an election or poll and transmit it electronically for counting; and
b: any copy of that document or message (with or without the voter's vote recorded); and
c: any record of that document or message with the voter's vote recorded voting method
a: the method of voting commonly known as booth voting:
b: the method of voting commonly known as postal voting:
c: any form of electronic voting:
d: any method of voting involving a combination of or choice between
e: any other method of voting (however described) voting period
a: if booth voting is the method of voting used at the election or poll, the period between 9 am and 7 pm on polling day and any earlier prescribed period:
b: if postal voting is the method of voting used at the election or poll, the period of 22 and a half days ending with 12 noon on polling day:
c: 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 ward
2: 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.
3: 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. 1976 No 144 s 2 Section 5(1) allotment inserted 29 June 2013 section 4(2) Local Electoral Amendment Act 2013 Section 5(1) anonymous repealed 29 June 2013 section 4(1) Local Electoral Amendment Act 2013 Section 5(1) candidate inserted 29 June 2013 section 4(2) Local Electoral Amendment Act 2013 Section 5(1) census inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) census amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 5(1) Chief Registrar of Electors repealed 1 July 2012 section 58(2) Electoral (Administration) Amendment Act 2011 Section 5(1) Commission inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) community substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) community board substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) constituency inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) counting program inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) district substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) dormant roll inserted 31 March 2023 section 14(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) election amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) Electoral Commission inserted 1 July 2012 section 58(3) Electoral (Administration) Amendment Act 2011 Section 5(1) electoral system amended 25 December 2002 section 4(2) Local Electoral Amendment Act 2002 Section 5(1) First Past the Post inserted 7 July 2004 section 3(1) Local Electoral Amendment Act 2004 Section 5(1) general constituency inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) General electoral district inserted 31 March 2023 section 14(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) general electoral population inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) general ward inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) local authority amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) local board inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) local board area inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) Māori inserted 31 March 2023 section 14(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) Māori constituency inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) Māori electoral district inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) Māori electoral population replaced 31 March 2023 section 14(2) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) Māori ward inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) Meek's method of counting votes repealed 25 December 2002 section 4(3) Local Electoral Amendment Act 2002 Section 5(1) New Zealand method of counting single transferable votes inserted 25 December 2002 section 4(1) Local Electoral Amendment Act 2002 Section 5(1) New Zealand method of counting single transferable votes amended 7 July 2004 section 3(2) Local Electoral Amendment Act 2004 Section 5(1) nomination day amended 29 June 2013 section 4(3) Local Electoral Amendment Act 2013 Section 5(1) on census day inserted 31 March 2023 section 14(1) Electoral (Māori Electoral Option) Legislation Act 2022 Section 5(1) region substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) Registrar of Electors repealed 21 March 2017 section 114 Electoral Amendment Act 2017 Section 5(1) Single Transferable Voting inserted 7 July 2004 section 3(3) Local Electoral Amendment Act 2004 Section 5(1) subdivision amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 5(1) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 5(1) voting method amended 9 April 2019 section 4 Local Electoral Matters Act 2019 Section 5(1) ward added 25 December 2002 section 4(1) Local Electoral Amendment Act 2002
5AA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 5AA inserted 2 March 2021 section 4 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
5AA: Temporary definition of public notice as result of outbreak of COVID-19
2020-11-01 Local Electoral Act 2001 Repeal of section 5AA Section 5AA repealed 1 November 2020
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 positions to be filled:
ii: where a single position is to be filled, the candidate 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:
b: in the case of a poll, has the features specified in paragraph (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. Section 5A inserted 7 July 2004 section 4 Local Electoral Amendment Act 2004
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:
ii: a quota for election is calculated from the number of votes and positions to be filled:
iii: the first preferences are counted and any candidate whose first preference votes equal or exceed the quota is elected:
iv: if insufficient candidates are elected under subparagraph (iii), the proportion of an elected candidate's votes above the quota is redistributed according to voters' further preferences, and—
A: candidates who then reach the quota are elected; and
B: the candidate with the fewest votes is excluded:
v: the excluded candidate's votes are redistributed according to voters' further preferences:
vi: if insufficient candidates are elected under subparagraphs (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:
ii: an absolute majority of votes for election is calculated from the number of votes and positions to be filled:
iii: the first preferences are counted and, if a candidate's first preference votes equal or exceed the absolute majority of votes, that candidate is elected:
iv: if no candidate is elected under subparagraph (iii), the candidate with the fewest votes is excluded and that candidate's votes are redistributed according to voters' further preferences:
v: if no candidate is elected under subparagraph (iv), the steps described in subparagraph (iv) are repeated until a candidate is elected:
c: in the case of a poll, has the features specified in paragraphs (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 7 July 2004 section 4 Local Electoral Amendment Act 2004
6: Act binds Crown
This Act binds the Crown.
7: Application
This Act applies to—
a: every election of the mayor of a territorial authority; and
b: every election of 1 or more members of a territorial authority; and
c: every election of 1 or more members of a regional council; and
ca: every election of 1 or more members of a local board; and
d: every election of 1 or more members of a community board; and
e: every election of 1 or more members of a licensing trust; and
f:
g: any other election to which this Act, or its predecessors, is applied by any other Act, to the extent provided in that Act; and
h: every poll required by any Act to be taken under this Act, or its predecessors; and
i: any other election conducted as a consequence of a direction under section 8
j: any referendum deemed to be a poll by section 9 Section 7(ca) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 7(f) repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
8: Holding of other elections
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.
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 conducted separately from any other election or poll.
9: Holding of referendum
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 provided by the local authority; or
ii: any policy or intended policy of the local authority; or
b: any proposal relating to—
i: the current or future activities or objectives of the local authority; or
ii: the current or future well-being of its local government area.
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 referendum for all or the appropriate electors of the local government 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 direction under this section in conjunction with any other election or poll, or separately.
5: A referendum conducted as a consequence of a direction under this section is a poll to which this Act applies.
6: 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.
7: The result of a referendum conducted as a consequence of a direction under this section is not binding on a local authority—
a: in the case of any matter or proposal relating to the division of any district or region into 1 or more Māori wards or Māori constituencies; or
b: in any other case, unless the local authority resolves otherwise or an enactment provides otherwise. Section 9(7) replaced 2 March 2021 section 5 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
10: Triennial general election
1: 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 , local board, 1976 No 144 s 4 Section 10(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
11: Triennial general election not necessary in certain cases
Despite section 10 , local board, , local board, 1976 No 144 s 5 Section 11 amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Officials
12: Electoral officer
1: 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 authority.
2: 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):
b: 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.
13: Deputy electoral officer
1: Every electoral officer must appoint a deputy electoral officer.
2: The deputy electoral officer must act as electoral officer if the electoral officer dies, resigns, is dismissed from office, or becomes incapable of acting, and must continue to act until—
a: the electoral officer is again capable of acting; or
b: a new electoral officer is appointed and comes into office.
3: 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 , local board,
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.
3: For the purposes of subsection (2), a declaration is current until,—
a: 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:
b: in the case of a declaration made at any other time, the close of 31 January in the year in which the next triennial general election is to be held.
4: A person must not be appointed or act as electoral officer, deputy electoral officer, or other electoral official if that person is—
a: a candidate in any election to be conducted; or
b: a member of any local authority , local board,
5: The
6: Subsection (1) is subject to section 8(1) section 9(1) Section 14(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 14(4)﻿(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 14(5) amended 25 December 2002 section 5 Local Electoral Amendment Act 2002 Duties of electoral officers
15: General duties of electoral officer
1: An electoral officer is responsible for conducting every election or poll—
a: falling within the description of the type of election or poll he or she was appointed to conduct; and
b: to be held or taken within the local government area for which he or she was appointed to conduct elections and polls.
2: An electoral officer is responsible, in accordance with the provisions of this Act and regulations made under this Act, for—
a: the compilation and certification of electoral rolls:
b: the publication of any public notice relating to elections and polls and the calling of nominations, required to be given:
c: receiving nominations, candidate profile statements, and deposits required to be paid:
d: issuing and receiving ordinary and special votes and other official documents:
e: the processing and counting of votes:
f: the declaration of results:
g: receiving returns of electoral donations and
h: investigating possible offences and reporting alleged offences to the Police.
3: The electoral officer has all the powers and duties conferred on the electoral officer by this Act or any other enactment.
4: Subsections (1) and (2) are subject to sections 16 to 19 Section 15(2)﻿(g) amended 29 June 2013 section 5 Local Electoral Amendment Act 2013
16: Conduct of elections and polls for territorial authorities
, local boards, Every election of 1 or more members of a territorial authority and its local boards and community boards or those local boards or community boards section 15 1976 No 144 s 5B(1) Section 16 heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 16 amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
17: 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 government area or poll of those electors must be conducted by the electoral officer for the local authority as provided in section 15 section 18 section 19
18: Conduct of election or poll in conjunction with other election or poll
If section 17
a: the electoral roll for the election or poll comprises the relevant part or parts of the electoral roll or rolls compiled 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
b: 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
c: 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 are responsible for—
i: issuing and receiving ordinary and special votes and other official documents; and
ii: carrying out any power or duty delegated to that officer or officers under section 12(2)﻿(a)
iii: carrying out any power or duty that the officer or officers have been appointed or engaged to carry out under section 12(2)﻿(b)
d: if any electors at the election or poll are in a local government 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. Section 18(c) substituted 7 July 2004 section 5 Local Electoral Amendment Act 2004
19: Conduct of separate election or poll
1: If section 17
a: carry out all duties required by section 15(2)
b: require the electoral officer or electoral officers of the territorial authorities wholly or partly within the local government area of the local authority that is not a territorial authority to take responsibility for carrying out any duty delegated to that person under section 12(2)
2: If any of the electors at the election or poll are in a local government area that is not within the district of a territorial authority 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. Duties of programmers and certifiers Heading inserted 7 July 2004 section 6 Local Electoral Amendment Act 2004
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 ensure that the program produces outcomes that are consistent with the process specified in Schedule 1A Section 19AA inserted 7 July 2004 section 6 Local Electoral Amendment Act 2004
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 Section 19AB inserted 7 July 2004 section 6 Local Electoral Amendment Act 2004
1A: Representation arrangements for elections of territorial authorities, regional councils,
local boards, Part 1A inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Part 1A heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
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, including the mayor, who are the members of the territorial authority. 1974 No 66 s 101C Section 19A inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19B: Basis of election of mayor of territorial authority
1: The mayor of a territorial authority is to be elected by the electors of the district as a whole.
2: The election of the mayor is to be held at the same time as the general election of the other members of the territorial authority. Section 19B inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19C: Basis of election of members of territorial authority
1: A district of a territorial authority may be divided into wards for electoral purposes.
2: 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.
3: Each ward must elect at least 1 member of the territorial authority.
4: If a district is not divided into wards, the members of the territorial authority must be elected by the electors of the district as a whole.
5: 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. 1974 No 66 ss 101D(1), (3) 101E(1), (3), (4) Section 19C inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
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. 1974 No 66 s 101CA Section 19D inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19E: Basis of election of members of regional council
1: A region must be divided into constituencies for electoral purposes.
2: The members of a regional council must be elected by the electors of each constituency of the region.
3: 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.
4: Each constituency must elect at least 1 member of the regional council.
5: The members of the regional council representing the respective constituencies of the region must be elected by the electors of those constituencies respectively. 1974 No 66 ss 101D(2), (3) 101E(1), (2) Section 19E inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19EA: Membership of local boards
1: Every local board—
a: must consist of not fewer than 5 members nor more than 12 members, including the chairperson; and
b: must include at least 5 elected members; and
c: may, if an Order in Council under section 25
2: The maximum number of members appointed under subsection (1)﻿(c) must be less than half the total number of members.
3: The persons who are appointed under subsection (1)﻿(c) as members of the local board must—
a: be members of, and must be appointed by, the governing body for the district in which the local board area is situated; and
b: be members of the governing body representing a ward that is wholly or predominantly within the local board area. Section 19EA inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19EB: Basis of election of chairperson of local board in certain circumstances
1: This section applies if an Order in Council under section 25
2: If this section applies, the chairperson of the local board is to be elected by the electors of the local board area as a whole.
3: An election under subsection (2) is to be held at the same time as the general election of the other members of the local board. Section 19EB inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19EC: Basis of election of members of local board
1: A local board area may be subdivided for electoral purposes.
2: Each subdivision must elect at least 1 member of the local board.
3: If a local board area comprises 2 or more whole wards, the elected members of the local board may be elected by the electors of each ward.
4: If the local board area is not subdivided for electoral purposes, the members of the local board must, unless they are to be elected in accordance with subsection (3), be elected by the electors of the local board area as a whole.
5: If a local board area is subdivided for electoral purposes or if the members of the local board are to be elected in accordance with subsection (3),—
a: each member of the local board who represents a subdivision must be elected by the electors of that subdivision; and
b: each member of the local board who represents a ward must be elected by the electors of that ward. Section 19EC inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19F: Membership of community boards
1: Every community board—
a: is to consist of not fewer than 4 members nor more than 12 members; and
b: is to include at least 4 elected members; and
c: may include appointed members.
2: The number of appointed members is to be less than half the total number of members.
3: 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 community is constituted; and
b: if the territorial authority is divided into wards, also be members of the territorial authority representing a ward in which the community is situated. 1974 No 66 s 101ZQ(1), (2), (5) Section 19F inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19G: Basis of election of members of community board
1: The part of a district in respect of which a community is constituted may be subdivided for electoral purposes.
2: Each subdivision must elect at least 1 member of the community board.
3: If a community comprises 2 or more whole wards, the elected members of the community board may be elected by the electors of each ward.
4: 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.
5: If a community is subdivided for electoral purposes or if the members of the community board are to be elected in accordance with subsection (3),—
a: each member of the community board who represents a subdivision must be elected by the electors of the subdivision; and
b: each member of the community board who represents a ward must be elected by the electors of that ward. 1974 No 66 s 101E(5) Section 19G inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
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: by the electors of the district as a whole; or
ii: by the electors of 2 or more wards; or
iii: 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: in any case to which paragraph (a)﻿(i) applies, the proposed number of members to be elected by the electors of the district as a whole; and
c: in any case to which paragraph (a)﻿(iii) applies,—
i: the proposed number of members to be elected by the electors of the district as a whole; and
ii: 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
ii: the number of members proposed to be elected by the electors of each ward ; and
e: the proposed number of elected members of any local board and, if an Order in Council under section 25
f: whether the elected members of any local board are proposed to be elected—
i: by the electors of the local board area as a whole; or
ii: by the electors of 2 or more subdivisions of the local board area; or
iii: if the local board area comprises 2 or more wards, by the electors of each ward; and
g: in any case to which paragraph (f)﻿(ii) applies,—
i: the proposed name and the proposed boundaries of each subdivision; and
ii: the number of members proposed to be elected by the electors of each subdivision; and
h: in any case to which paragraph (f)﻿(iii) applies, the number of members of the local board proposed to be elected by the electors of each ward; and
i: the proposed name of any local board.
2: The determination required by subsection (1) must be made by a territorial authority,—
a: on the first occasion, either in 2003 or in 2006; and
b: subsequently, at least once in every period of 6 years after the year in which the first determination was made.
2A: To avoid doubt, subsection (2) is subject to sections 19K(1AA) 19M(1)
3: This section must be read in conjunction with section 19ZH Schedule 1A 1974 No 66 s 101H(1) Section 19H inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19H(1)﻿(d)﻿(ii) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)﻿(e) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)﻿(f) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)﻿(g) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)﻿(h) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(1)﻿(i) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19H(2)﻿(b) replaced 29 June 2013 section 6(1) Local Electoral Amendment Act 2013 Section 19H(2A) inserted 29 June 2013 section 6(2) Local Electoral Amendment Act 2013
19I: Review of representation arrangements for elections of regional councils
1: A regional council must determine by resolution, and in accordance with this Part,—
a: the proposed number of constituencies; and
b: the proposed name and the proposed boundaries of each constituency; and
c: the number of members proposed to be elected by the electors of each constituency.
2: The determination required by subsection (1) must be made by the regional council,—
a: on the first occasion, either in 2003 or in 2006; and
b: subsequently, at least once in every period of 6 years after the year in which the first determination was made.
2A: To avoid doubt, subsection (2) is subject to sections 19K(1AA) 19M(1)
3: This section must be read in conjunction with section 19ZH Schedule 1A 1974 No 66 s 101H(2) Section 19I inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19I(2)﻿(b) replaced 29 June 2013 section 7(1) Local Electoral Amendment Act 2013 Section 19I(2A) inserted 29 June 2013 section 7(2) Local Electoral Amendment Act 2013
19J: Review of community boards
1: A territorial authority must, on every occasion on which it passes a resolution under section 19H section 4(1)﻿(a)
a: there should be communities and community boards; and
b: if so resolved, the nature of any community and the structure of any community board.
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 with another community:
c: whether the boundaries of a community should be altered:
d: whether a community should be subdivided for electoral purposes or whether it should continue to be subdivided for electoral purposes, as the case may require:
e: whether the boundaries of any subdivision should be altered:
f: the number of members of any community board:
g: the number of members of a community board who should be elected and the number of members of a community board who should be appointed:
h: whether the members of a community board who are proposed to be elected are to be elected—
i: by the electors of the community as a whole; or
ii: by the electors of 2 or more subdivisions; or
iii: if the community comprises 2 or more whole wards, by the electors of each ward:
i: in any case to which paragraph (h)﻿(ii) applies,—
i: the proposed name and the proposed boundaries of each subdivision; and
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 1974 No 66 s 101ZR(3) Section 19J inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19JA: Minor alterations to boundaries by territorial authority
1: A territorial authority may, in accordance with this section, determine by resolution new proposed boundaries of wards, communities, or subdivisions of local board areas or
2: The territorial authority must be satisfied that,—
a: since the existing boundaries of the wards, communities, or subdivisions of local board areas or
b: the proposed boundaries of the wards, communities, or subdivisions constitute only minor alterations to the existing boundaries; and
c: the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
d: so far as is practicable, the proposed boundaries of the wards, communities, or subdivisions coincide with the boundaries of allotments; and
e: so far as is practicable, ward boundaries coincide with community boundaries (if applicable).
3: Every meeting at which the territorial authority deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7
4: The territorial authority must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the district or local board area
5: However, the territorial authority must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.
6: On receiving the reference, the Commission must—
a: consider the resolution and information forwarded to it; and
b: determine whether to uphold the proposed boundaries of the wards, communities, or subdivisions.
7: For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.
8: The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).
9: The Commission must make its determination under subsection (6)﻿(b) before 11 April in the year of the next triennial general election.
10: Section 19S section 19R(1)﻿(b) section 19Y(3) to (6)
11: A territorial authority must not use this section if the territorial authority—
a: is required to make a resolution under section 19H
b: has, since the last triennial general election, made a resolution under section 19H
c: has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)﻿(b). Section 19JA inserted 29 June 2013 section 8 Local Electoral Amendment Act 2013 Section 19JA(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19JA(2)﻿(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19JA(4) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19JB: Minor alterations to boundaries by regional council
1: A regional council may, in accordance with this section, determine by resolution new proposed boundaries of constituencies of the region of the regional council.
2: The regional council must be satisfied that,—
a: since the existing boundaries of the constituencies took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and
b: the proposed boundaries of the constituencies constitute only minor alterations to the existing boundaries; and
c: the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
d: so far as is practicable, the proposed boundaries of the constituencies coincide with the boundaries of allotments; and
e: so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards.
3: Every meeting at which the regional council deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7
4: The regional council must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the region, and the proposed constituencies, that is held by the regional council and is necessary for the purposes of subsection (6).
5: However, the regional council must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.
6: On receiving the reference, the Commission must—
a: consider the resolution and information forwarded to it; and
b: determine whether to uphold the proposed boundaries of the constituencies.
7: For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.
8: The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).
9: The Commission must make its determination under subsection (6)﻿(b) before 11 April in the year of the next triennial general election.
10: Section 19S section 19R(1)﻿(b) section 19Y(3) to (6)
11: A regional council must not use this section if the regional council—
a: is required to make a resolution under section 19I
b: has, since the last triennial general election, made a resolution under section 19I
c: has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)﻿(b). Section 19JB inserted 29 June 2013 section 8 Local Electoral Amendment Act 2013
19K: Requirements for resolution
1AA: A resolution under section 19H 19I 19J local board,
1: Every resolution specified in subsection (3) must include or be accompanied by a description of each proposed ward, constituency, community, or subdivision, and its proposed boundaries, so as to make each proposed ward, constituency, community, or subdivision readily identifiable to the public.
2: If any resolution under section 19H section 19I section 19J local board,
3: Subsection (1) applies to every resolution under section 19H(1)﻿(a)﻿(ii) section 19H(1)﻿(g) or section 19I(1) section 19J(2)﻿(a) 1974 No 66 s 101H(3), (4) Section 19K inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19K(1AA) inserted 29 June 2013 section 9 Local Electoral Amendment Act 2013 Section 19K(1AA) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19K(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19K(3) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19L: Distribution of copies of resolution
If a territorial authority or regional council makes a resolution under section 19H section 19I section 19J
a: send a copy of that resolution to—
i: the Commission; and
ii: the Surveyor-General; and
iii: the Government Statistician; and
iv: the Remuneration Authority; and
b: in the case of a resolution made by a regional council, send a copy of that resolution to every territorial authority whose district or a part of whose district is within the region; and
c: 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. 1974 No 66 s 101I Section 19L inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19L(a)﻿(iv) replaced 29 June 2013 section 10 Local Electoral Amendment Act 2013
19M: Public notice of proposals and responsibilities in relation to submissions
1: A territorial authority or regional council that makes a resolution under section 19H section 19I section 19J
2: The public notice must—
a: include a statement about how persons interested in the proposals may inspect the full proposals; and
b: specify the communities of interest considered by the territorial authority or regional council as required by section 19T section 19V section 19U
c: specify the ratio of population to proposed members for each proposed ward (if any) or constituency or subdivision (if any), and the reasons for those proposals in terms of section 19V(2)
d: 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 submissions on the resolution to the territorial authority or regional council.
3: A territorial authority or regional council to whom subsection (1) applies must—
a: 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
ii: is given a reasonable opportunity to be heard by the territorial authority or regional council (if that person so requests); and
b: 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
ii: explaining how that person may exercise that person's opportunity to be heard; and
c: ensure that, except as otherwise provided by Part 7
d: subject to the Local Government Official Information and Meetings Act 1987 1974 No 66 s 101J(1) Section 19M inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
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 resolution, make such amendments to the resolution made under section 19H section 19I section 19J
b: give public notice of its proposals.
2: The public notice must—
a: incorporate any amendments resolved under subsection (1)﻿(a); and
b: state both the reasons for the amendments and the reasons for any rejection of submissions; and
ba: specify the communities of interest considered by the territorial authority (as required by sections 19T 19V sections 19U
bb: specify the ratio of population to proposed members for each proposed ward, constituency, or subdivision, and the reasons for those proposals in terms of section 19V(2)
c: specify the right of appeal conferred by section 19O
d: if the territorial authority or regional council has amended its proposals under subsection (1)﻿(a), specify the right of objection conferred by section 19P
3: The territorial authority or regional council by which the public notice was given must—
a: send a copy of that notice to—
i: the Commission; and
ii: the Surveyor-General; and
iii: the Government Statistician; and
iv: the Remuneration Authority; and
b: 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
c: 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. 1974 No 66 s 101J(3), (6) Section 19N inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19N(2)﻿(ba) inserted 29 June 2013 section 11(1) Local Electoral Amendment Act 2013 Section 19N(2)﻿(bb) inserted 29 June 2013 section 11(1) Local Electoral Amendment Act 2013 Section 19N(3)﻿(a)﻿(iv) replaced 29 June 2013 section 11(2) Local Electoral Amendment Act 2013
19O: Appeals
1: Any person who or organisation (including a local board or section 19H section 19I section 19J
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 appellants' submissions. 1974 No 66 s 101J(4) Section 19O inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19O(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19P: Objections
1: If the territorial authority or regional council has, under section 19N(1)﻿(a) section 19H section 19I section 19J local board or section 19O
2: An objection lodged under this section must identify the matters to which the objection relates. 1974 No 66 s 101J(5) Section 19P inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19P(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19Q: Obligation to forward appeals and objections to Commission
If the territorial authority or regional council receives any appeal under section 19O section 19P
a: the resolution made under section 19H section 19I section 19J section 19N(1)﻿(a)
b: a copy of the public notice given under section 19N(1)﻿(b)
c: every submission made to the territorial authority or regional council on the resolution made by the territorial authority or regional council under section 19H section 19I section 19J
d: every appeal and objection received by the territorial authority or regional council under section 19O section 19P
e: such information concerning the communities of interest and population of the district or region or local board area section 19R 1974 No 66 s 101J(7) Section 19Q inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19Q(e) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19R: Commission to determine appeals and objections
1: The Commission must—
a: consider the resolutions, submissions, appeals, objections, and information forwarded to it under section 19Q
b: subject to sections 19T 19V sections 19U
i: in the case of a territorial authority that has made a resolution under section 19H
ii: in the case of a regional council that has made a resolution under section 19I
iii: in the case of a territorial authority that has made a resolution under section 19J
2: For the purposes of making a determination under subsection (1)﻿(b), the Commission—
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 indicated a desire to be heard by the Commission in relation to that appeal or objection.
3: The Commission must, before 11 April in the year of a triennial general election, complete the duties it is required to carry out under subsection (1). 1974 No 66 s 101K(1), (2) Section 19R inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19S: Determination of Commission
1: Notice in writing of every determination made under section 19R(1)﻿(b)
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: the Surveyor-General; and
b: the Government Statistician; and
c:
d: the Secretary for Local Government.
3: Subject to Part 2AA Schedule 5 section 19R(1)﻿(b) 1974 No 66 s 101K(3)–(5) Section 19S inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19S(2)﻿(c) amended 29 June 2013 section 12 Local Electoral Amendment Act 2013
19T: Requirement for effective representation and other factors in determination of membership and basis of election of territorial authorities
and local boards
1: In determining the matters specified in paragraphs (a) to (d) of section 19H(1)
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 provide effective representation of communities of interest within the district; and
b: 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
c: that, so far as is practicable, ward boundaries coincide with any local board area or
2: In determining the matters specified in section 19H(1)﻿(e) to (h)
a: that the election of members of the local board, in one of the ways specified in section 19H(1)﻿(f)﻿(i) to (iii)
b: that the boundaries of subdivisions coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and
c: that, so far as is practicable, subdivision boundaries coincide with ward boundaries. 1974 No 66 s 101L(2), (4) Section 19T inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19T heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19T(1)﻿(c) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19T(2) inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
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)
a: that the number and boundaries of constituencies will provide effective representation of communities of interest within the region; and
b: that constituency boundaries coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and
c: that, so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards. 1974 No 66 s 101L(1) Section 19U inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19V: Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions
1: In determining the number of members to be elected by the electors of any ward or constituency or subdivision, the territorial 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 local board area or local board area
2: For the purposes of giving effect to subsection (1), the territorial 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 members 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 local board area members elected by the electors of a territorial authority as a whole, if any, and
3: Despite subsection (2),—
a: if the territorial authority or the Commission considers that 1 or more of the following apply, wards and subdivisions of a local board area or a
i: non-compliance with subsection (2) is required for effective representation of communities of interest within island communities or isolated communities situated within the district of the territorial authority; or
ii: compliance with subsection (2) would limit effective representation of communities of interest by dividing a community of interest between wards or subdivisions; or
iii: compliance with subsection (2) would limit effective representation of communities of interest by uniting within a ward or subdivision 2 or more communities of interest with few commonalities of interest:
b: if the regional council or the Commission considers that effective representation of communities of interest so requires, constituencies may be defined and membership distributed between them in a way that does not comply with subsection (2).
4: A territorial authority or (3) section 19Q(a) to (e)
5: A reference under subsection (4) must be treated as if it were an appeal against the decision of the territorial authority or sections 19R 19S 19Y
6: On receiving a reference under subsection (4), the Commission must determine, under section 19R(1)
a: to uphold the decision of the territorial authority or
b: to alter that decision. 1974 No 66 s 101L(3) Section 19V inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19V(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19V(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19V(2) amended 7 July 2004 section 7 Local Electoral Amendment Act 2004 Section 19V(3)﻿(a) replaced 29 June 2013 section 13(1) Local Electoral Amendment Act 2013 Section 19V(3)﻿(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19V(4) amended 29 June 2013 section 13(2) Local Electoral Amendment Act 2013 Section 19V(4) amended 29 June 2013 section 13(3) Local Electoral Amendment Act 2013 Section 19V(5) amended 29 June 2013 section 13(3) Local Electoral Amendment Act 2013 Section 19V(6)﻿(a) amended 29 June 2013 section 13(3) Local Electoral Amendment Act 2013
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)
a: that, in the case of the matters specified in paragraphs (a) to (g) of section 19J(2) local government reorganisation Local Government Act 1974 Local Government Act 2002
b: 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)
c: that the boundaries of every community, and of every subdivision of a community, coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes. 1974 No 66 ss 101ZH(2) 101ZL Section 19W inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19W(a) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
19X: Certificate of Government Statistician
1: For the purposes of sections 19H to 19W local board area,
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
b: a certificate of the ordinarily resident population as assessed by the Government Statistician at any later date assessed by the Government Statistician.
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 definition of any area to which any certificate of the kind referred to in subsection (1) is to relate. 1974 No 66 s 101L(5) Section 19X inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19X(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
19Y: When determinations take effect
1: If there are no submissions on the proposal publicly notified under section 19M section 19N(1) or local board
2: As soon as practicable after the publication of a public notice under subsection (1), the territorial authority or regional council by which that notice was given must—
a: send a copy of that notice to—
i: the Commission; and
ii: the Surveyor-General; and
iii: the Government Statistician; and
iv:
v: the Secretary for Local Government; and
b: 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
c: 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.
3: If a territorial authority or a regional council has, under subsection (1), or the Commission has, under section 19S(1) or local board
a: a description or plan of each ward or constituency or community or subdivision has been sent to the Surveyor-General; and
b: the Surveyor-General, or a person appointed by the Surveyor-General, certifies that the description or plan is sufficient to render the boundaries of each ward or constituency or community or subdivision capable of identification.
4: 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 Surveyor-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 description—
a: may be so amended by resolution; and
b: if so amended, has effect as if the provisions of subsection (3) had been complied with.
5: The territorial authority or regional council must reimburse the Commission for any costs incurred by the Commission 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.
6: 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 election, except so far as may be necessary to provide for that election; and
b: a copy must be kept at the office of the territorial authority or regional council, and must be available for inspection without fee by any person during normal office hours. 1974 No 66 s 101M Section 19Y inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19Y(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 19Y(2)﻿(a)﻿(iv) amended 29 June 2013 section 14 Local Electoral Amendment Act 2013 Section 19Y(3) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Māori wards and Māori constituencies Heading inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
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 divided 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: 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
b: in any other case, takes effect, subject to paragraph (c), for the purposes of the next but one triennial general election; and
c: in either case, takes effect for 2 triennial general elections of the territorial authority or regional council, and for any associated election, and continues in effect after that until a further resolution under this section takes effect.
4: This section—
a: is subject to clauses 2(5) 4(4)
b: does not apply in relation to a territorial authority or regional council if another enactment requires,—
i: in the case of a territorial authority, that the district be divided into 1 or more Māori wards; or
ii: in the case of a regional council, that the region be divided into 1 or more Māori constituencies.
5: In this section associated election
a: any election to fill an extraordinary vacancy in the membership of the body concerned that is held—
i: between those elections; or
ii: 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 258I 258M
i: between those elections; or
ii: after the second of those elections but before the subsequent triennial general election. Section 19Z inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19Z(3)﻿(c) replaced 2 March 2021 section 6(1) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 19Z(4) replaced 2 March 2021 section 6(2) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 19Z(5) amended 2 March 2021 section 6(3) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 19Z(5)﻿(b) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
19ZA: Public notice of right to demand poll
Section 19ZA repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZB: Electors may demand poll
Section 19ZB repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZC: Requirements for valid demand
Section 19ZC repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZD: Territorial authority or regional council may resolve to hold poll
Section 19ZD repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZE: Limitation on division into Māori wards or Māori constituencies
Section 19ZE repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZF: Poll of electors
Section 19ZF repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
19ZG: Effect of poll
Section 19ZG repealed 2 March 2021 section 7 Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021
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 divided into 1 or more Māori wards; or
b: a region of a regional council is required to be divided into 1 or more Māori constituencies,— the provisions of this Part (other than those of sections 19B 19G 19J Schedule 1A Section 19ZH inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Guidelines Heading inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002
19ZI: Guidelines in relation to reviews of representation
or minor alterations to boundaries
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 19JB Schedule 1A
2: The Commission may, from time to time, amend or revoke any guidelines issued under subsection (1).
3: Any guidelines issued under subsection (1) may relate to territorial authorities or regional councils generally or to a specific class of territorial authorities or regional councils.
4: The Commission must, as soon as practicable after issuing any guidelines under subsection (1),—
a: send a copy of those guidelines to every territorial authority and every regional council; and
b: publish in the Gazette
i: stating that the guidelines have been issued; and
ii: naming the place or places at which copies of the guidelines are available for inspection free of charge or for purchase or both.
5: The Commission must ensure that, so long as the guidelines remain in force, copies of the guidelines are available—
a: for inspection by members of the public free of charge; and
b: for supply to members of the public either free of charge or for purchase at a reasonable price.
6: The provisions of subsections (4) and (5) apply, with all necessary modifications, in respect of any amendment or revocation of any guidelines issued under subsection (1). Section 19ZI inserted 25 December 2002 section 6 Local Electoral Amendment Act 2002 Section 19ZI heading amended 29 June 2013 section 15(1) Local Electoral Amendment Act 2013 Section 19ZI(1) amended 29 June 2013 section 15(2) Local Electoral Amendment Act 2013
2: Local elections and polls
Electoral rights
20: Right to vote in election or poll
1: Every person whose name appears on the electoral roll in force in any district of a territorial authority or in the local government area of any other local authority as a residential elector or a ratepayer elector is, unless the person has ceased to possess 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
b: at every poll for which that roll indicates the elector is qualified to exercise a vote.
2: 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
b: at every poll for which that elector is qualified to exercise a vote.
3: 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 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
b: at every poll for which that elector is qualified to exercise a vote.
4: No person is entitled to vote more than once at the same election or poll. 1976 No 144 s 7A
21: Special voting
Any elector may vote at an election or poll as a special voter if—
a: 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
b: in the case of an election or poll relating to a ward, local board area, local board area, local board area,
c: the elector is a person to whom, for any other reason, section 20(2) or (3)
d: the elector spoils, loses, or does not receive his or her voting documents; or
e: 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. Section 21(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
22: Voting by special voters
1: Despite anything to the contrary in this Act, a special voter may vote in any manner and subject to any condition prescribed by regulations made under this Act, and the voting documents must be dealt with in the prescribed manner.
2: Subject to this Act and to any regulations made under this Act, the provisions of this Act and any regulations made under this Act, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.
23: 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. 1974 No 66 s 101F(1)
24: Ratepayer electors
1: Every parliamentary elector is qualified as a ratepayer elector of a region, a district, a local board area, region, district, local board area, or community
a: that person is identified in the appropriate valuation roll as the sole ratepayer in respect of a rating unit region, district, local board area, or community
b: that person is nominated to be enrolled as a ratepayer elector in respect of a rating unit region, district, local board area, or community owned region, district, local board area, or community
2: Subsection (1) does not authorise the nomination of different persons by the same ratepayer or ratepayers in respect of different properties within the same region, district, local board area, or community 1974 No 66 s 101F(2) Section 24(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 24(1)﻿(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 24(1)﻿(a) amended 7 July 2004 section 8(a) Local Electoral Amendment Act 2004 Section 24(1)﻿(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 24(1)﻿(b) amended 7 July 2004 section 8(b)﻿(i) Local Electoral Amendment Act 2004 Section 24(1)﻿(b) amended 7 July 2004 section 8(b)﻿(ii) Local Electoral Amendment Act 2004 Section 24(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
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.
2: 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 property in a Māori ward; and
b: who is registered as an elector of a Māori electoral district,— is, at that general election, an elector of that Māori ward.
3: In the case of an election to fill an extraordinary vacancy or an election called under section 258I 258M
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 election, an elector of that Māori ward.
4: In the case of an election to fill an extraordinary vacancy or an election called under section 258I 258M
a: whose entitlement as an elector arises in respect of property in a Māori ward; and
b: who is registered as a elector of a Māori electoral district,— is, at the election, an elector of that Māori ward. 2001 No 1 (L) s 10(1)﻿(a), (2)﻿(a) Section 24A inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002 Section 24A(3) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Section 24A(4) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
24B: Voting rights at triennial general election of territorial authority
1: A person who, under section 24A
a: entitled to vote—
i: at the election of the mayor; and
ii: at the election of the member or members who will represent that Māori ward; and
iii: at the election of the member or members (if any) to be elected to represent the whole of the district; and
iv: at the election of the member or members of the appropriate local board or
b: not entitled to vote at the election of the member or members who will represent any other ward of the territorial authority.
2: No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Māori ward of that territorial authority. 2001 No 1 (L) s 11 Section 24B inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002 Section 24B(1)﻿(a)﻿(iv) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
24C: Voting rights at election to fill extraordinary vacancy in respect of Māori ward
1: A person who, under section 24A
2: No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Māori ward of that territorial authority. 2001 No 1 (L) s 12 Section 24C inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002
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.
2: 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 property in a Māori constituency; and
b: who is registered as an elector of a Māori electoral district,— is, at that triennial general election, an elector of that Māori constituency.
3: In the case of an election to fill an extraordinary vacancy or an election called under section 258I 258M
a: is registered as a parliamentary elector at an address within a Māori constituency; and
b: is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori constituency.
4: In the case of an election to fill an extraordinary vacancy or an election called under section 258I 258M
a: whose entitlement as an elector arises in respect of property in a Māori constituency; and
b: who is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori constituency. 2001 No 1 (L) s 10(1)﻿(a), (2)﻿(a) Section 24D inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002 Section 24D(3) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Section 24D(4) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
24E: Voting rights at triennial general election of regional council
1: A person who, under section 24D
a: entitled to vote at the election of the member or members who will represent that constituency; but
b: not entitled to vote at the election of the member or members who will represent any other constituency of the regional council.
2: No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Māori constituency of that regional council. 2001 No 1 (L) s 11 Section 24E inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002
24F: Voting rights at election to fill extraordinary vacancy in respect of Māori constituency
1: A person who, under section 24D
2: No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Māori constituency of that regional council. 2001 No 1 (L) s 12 Section 24F inserted 25 December 2002 section 7 Local Electoral Amendment Act 2002
25: Candidate qualifications
1: 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.
2: This section is subject to section 58 Section 25(1) substituted 25 December 2002 section 8 Local Electoral Amendment Act 2002
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 1976 No 144 s 12(1) Electoral systems for elections
27: Local authority may resolve to change electoral systems
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 triennial general elections of the local authority and its local boards or
2: A resolution under this section—
a: takes effect, subject to paragraph (b), for the next 2 triennial general elections of the local authority and its local boards or
b: continues in effect until either—
i: a further resolution under this section takes effect; or
ii: a poll of electors of the local authority held under section 33
3: This section is subject to section 32
4: In this section, and in sections 28 to 34 associated election local boards or
a: any election to fill an extraordinary vacancy in the membership of the body concerned that is held—
i: between those elections; or
ii: after the second of those elections but before the subsequent triennial general election:
b: an election of the members of the body concerned called under section 258I 258M
i: between those elections; or
ii: after the second of those elections but before the subsequent triennial general election. Section 27(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 27(1) amended 25 December 2002 section 9(1) Local Electoral Amendment Act 2002 Section 27(2)﻿(a) substituted 25 December 2002 section 9(2) Local Electoral Amendment Act 2002 Section 27(2)﻿(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 27(2)﻿(b)﻿(ii) amended 25 December 2002 section 9(3) Local Electoral Amendment Act 2002 Section 27(4) added 25 December 2002 section 9(4) Local Electoral Amendment Act 2002 Section 27(4) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 27(4)﻿(b) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
28: Public notice of right to demand poll on electoral system
1: 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 elections of the local authority and its local boards or
2: If the local authority has passed a resolution under section 27 that takes effect at
a: notice of that resolution; and
b: a statement that a poll is required to countermand that resolution.
2A: Despite subsections (1) and (2), if, on or before the date referred to in subsection (1), the local authority has passed a resolution under section 31
3: This section is subject to section 32 Section 28(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 28(1) amended 25 December 2002 section 10(1) Local Electoral Amendment Act 2002 Section 28(2) amended 25 December 2002 section 10(2) Local Electoral Amendment Act 2002 Section 28(2A) inserted 25 December 2002 section 10(3) Local Electoral Amendment Act 2002
29: Electors may demand poll
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 local boards or
2: This section is subject to section 32
3: In this section and sections 30 31 demand specified number of electors Section 29(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 29(1) amended 25 December 2002 section 11 Local Electoral Amendment Act 2002
30: Requirements for valid demand
1: A demand must be made by notice in writing—
a: signed by a specified number of electors; and
b: 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: in the case of a territorial authority, on the electoral roll of the territorial authority; and
ii: 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
b: 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 electoral district under the Electoral Act 1993 Electoral Commission section 115
ii: the address for which the elector is registered as a parliamentary elector is within the local government area of the local authority; or
c: the address given by the elector who signed the demand is—
i: confirmed by the Electoral Commission
ii: within the district of the local authority; or
d: 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.
3: Every elector who signs a demand must state, against his or her signature,—
a: the elector's name; and
b: the address for which the person is qualified as an elector of the local authority.
3A: If a valid demand is received after 21 February
a: must be held after 21 May in that year; and
b: has effect in accordance with section 34(2)
4: The chief executive section 29
5: This section is subject to section 32 Section 30(1)﻿(b) substituted 25 December 2002 section 12(1) Local Electoral Amendment Act 2002 Section 30(2)﻿(b)﻿(i) amended 1 July 2012 section 58(5) Electoral (Administration) Amendment Act 2011 Section 30(2)﻿(c)﻿(i) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 30(3A) inserted 25 December 2002 section 12(2) Local Electoral Amendment Act 2002 Section 30(3A) amended 26 March 2015 section 6 Local Electoral Amendment Act 2015 Section 30(4) amended 25 December 2002 section 12(3) Local Electoral Amendment Act 2002
31: Local authority may resolve to hold poll
1: A local authority may, no later than 21 February local boards or
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 that would require deferral of the poll under section 138A
3: The chief executive of the local authority must give notice to the electoral officer of any resolution under subsection (1),—
a: if no date for the holding of the poll is specified in the resolution, as soon as is practicable:
b: 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)
4: This section is subject to section 32 Section 31(1) substituted 25 December 2002 section 13(1) Local Electoral Amendment Act 2002 Section 31(1) amended 26 March 2015 section 7 Local Electoral Amendment Act 2015 Section 31(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 31(2) substituted 25 December 2002 section 13(1) Local Electoral Amendment Act 2002 Section 31(2A) inserted 25 December 2002 section 13(1) Local Electoral Amendment Act 2002 Section 31(3) substituted 25 December 2002 section 13(2) Local Electoral Amendment Act 2002
32: Limitation on change to electoral systems
Sections 27 to 31
a: a poll on the proposal described in section 29 section 31 section 33
b: another enactment requires a particular electoral system to be used for the election of members of a local authority. Section 32(a) substituted 25 December 2002 section 14 Local Electoral Amendment Act 2002
33: Poll of electors
1: If the electoral officer for a local authority receives notice under section 30(4) section 31(3) section 52
2: Despite subsection (1), if an electoral officer for a local authority receives 1 or more notices under both sections 30(4) 31(3)
3: A poll held under this section must be held not later than 89 days
a: the notice referred to in subsection (1) is received; or
b: the last notice referred to in subsection (2) is received.
3A: Subsection (3) is subject to subsection (2), section 30(3A) section 138A
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.
4: 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 determines whether the electoral system to be used for the next 2 triennial general elections of the local authority and its local boards or
a: the electoral system used at the previous general election of the local authority; or
b: the electoral system specified in any resolution under section 27
c: the electoral system specified in any demand submitted within the appropriate period of which the electoral officer has received notice under section 30(4)
d: 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 local boards or
a: the electoral system used at the previous general election of the local authority; or
b: the electoral system specified in any resolution under section 27
c: the electoral system specified in any demand submitted within the appropriate period of which the electoral officer has received notice under section 30(4)
d: the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3) Section 33(2) substituted 25 December 2002 section 15(1) Local Electoral Amendment Act 2002 Section 33(3) amended 26 March 2015 section 8 Local Electoral Amendment Act 2015 Section 33(3A) inserted 25 December 2002 section 15(2) Local Electoral Amendment Act 2002 Section 33(3B) inserted 25 December 2002 section 15(2) Local Electoral Amendment Act 2002 Section 33(4) substituted 25 December 2002 section 15(3) Local Electoral Amendment Act 2002 Section 33(4) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 33(5) added 25 December 2002 section 15(3) Local Electoral Amendment Act 2002 Section 33(5) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
34: Effect of poll
1: If a poll is held under section 33
a: for the next 2 triennial general elections:
b: for any associated election:
c: for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 258I or 258M section 27
2: If a poll is held under section 33
a: for the next but one triennial general election and the following triennial general election:
b: for any associated election:
c: for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 258I or 258M section 27 Section 34 substituted 25 December 2002 section 16 Local Electoral Amendment Act 2002 Section 34(1)﻿(c) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Section 34(2)﻿(c) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Electoral systems for polls
35: Electoral systems for polls
1: Every poll conducted for a local authority must be conducted using an electoral system adopted by resolution of the local authority—
a: for the purposes of the particular poll; or
b: for the purposes of 2 or more polls that are to be conducted at the same time.
2: 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. Voting methods
36: Voting method for elections and polls
1: 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: for the purposes of a particular election or poll; or
b: for the purposes of more than 1 election or more than 1 poll, or both, that are to be conducted at the same time.
2: If an election or poll is to be conducted and there is no applicable resolution under subsection (1), that election or poll must be conducted by postal voting.
3: Despite subsections (1) and (2),—
a: 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:
b: if 2 or more elections or 2 or more polls are to be conducted within the district of a territorial authority separately 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
ii: if no agreement is reached under subparagraph (i), those elections and polls must be conducted by postal voting.
4: Subsection (5) applies if—
a: regulations authorise the use of a voting method, for the purpose of conducting a trial of that method, by a specified class of elector in any specified class of election or poll or in any specified election or poll; and
b: the local authority adopts that voting method for the specified class by resolution in accordance with those regulations.
5: The voting method to be used by the specified class of elector in the election or poll must be the method adopted by resolution under subsection (4).
6: If, under subsection (5), any election or poll of 1 or more territorial authorities in which a voting method is to be used by a specified class of elector is to be conducted in conjunction with 1 or more other elections or polls, that voting method is to be used by the specified class of elector in each of the elections or polls.
7: If subsection (5) or (6) (or both) apply to an election or a poll, the voting method or methods to be used for other electors in the election or poll must be determined in accordance with subsections (1) to (3). Section 36(4) inserted 9 April 2019 section 5 Local Electoral Matters Act 2019 Section 36(5) inserted 9 April 2019 section 5 Local Electoral Matters Act 2019 Section 36(6) inserted 9 April 2019 section 5 Local Electoral Matters Act 2019 Section 36(7) inserted 9 April 2019 section 5 Local Electoral Matters Act 2019
37: Consultation
1: Before passing any resolution under section 36(1) or (4)
2: In determining what resolution is to be adopted under section 36 Section 37(1) amended 9 April 2019 section 6 Local Electoral Matters Act 2019 Electoral rolls
38: Compilation of electoral roll
1: 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.
2: If—
a: an election to fill an extraordinary vacancy; or
b: a poll of electors— is to be held within a district at any time other than in conjunction with a triennial general election, the electoral officer for the territorial authority for the district or, as the case may require, 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.
3: Every electoral roll must—
a: include the name of every residential elector and ratepayer elector of the district of the territorial authority 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
b: include any other prescribed details; and
c: comply with any other prescribed requirements.
4: 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 Electoral Commission section 113 Section 38(4) amended 1 July 2012 section 58(6) Electoral (Administration) Amendment Act 2011
39: Public notice of procedures for enrolment as ratepayer on electoral roll
1: 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 procedures for enrolment or nomination as a ratepayer elector is delivered with the rates assessment or at least 1 rates invoice delivered by the territorial
c: may give any additional public notice and any specific notice of the qualifications and procedures for enrolment or nomination as a ratepayer elector that the electoral officer considers desirable.
2: Any public notice given under subsection (1) may be given jointly by the electoral officers of 2 or more territorial authorities and, in determining whether that public notice is to be given jointly, each electoral officer must have regard to the effectiveness and cost of the public notice. 1976 No 144 s 7BEB Section 39(1)﻿(b) amended 7 July 2004 section 9 Local Electoral Amendment Act 2004
40: No person to be enrolled more than once for local authority or
local board or The name of any person must not appear more than once in the same electoral roll. Section 40 heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
41: Supply of information by
Electoral Commission
1: If the electoral officer wishes to find out whether any person is qualified as a ratepayer elector under section 24 local board area, Electoral Commission
2: The electoral officer may request the Electoral Commission local board area,
3: If the Electoral Commission Electoral Commission must 1976 No 144 s 7BF Section 41 heading amended 1 July 2012 section 58(7) Electoral (Administration) Amendment Act 2011 Section 41(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 41(1) amended 1 July 2012 section 58(8) Electoral (Administration) Amendment Act 2011 Section 41(2) added 25 December 2002 section 17 Local Electoral Amendment Act 2002 Section 41(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 41(2) amended 1 July 2012 section 58(8) Electoral (Administration) Amendment Act 2011 Section 41(3) added 25 December 2002 section 17 Local Electoral Amendment Act 2002 Section 41(3) amended 1 July 2012 section 58(8) Electoral (Administration) Amendment Act 2011 Section 41(3) amended 1 July 2012 section 58(9) Electoral (Administration) Amendment Act 2011
42: Roll to be available for public inspection
1: A copy of an electoral roll must,—
a: if the roll is compiled by an electoral officer of a territorial 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:
b: 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.
2: The electoral officer must give public notice of the place or places where the roll is kept.
3: 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.
4: 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. 1976 No 144 s 7D
43: Inspection of rolls at meetings and hui
1: 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 unless the electoral officer is satisfied that a large number of persons are likely to attend the meeting or hui in respect of which the request is made.
3: If a roll is made available for public inspection under subsection (1), the roll must be made available at such times and places as the electoral officer thinks fit. 1993 No 87 s 111
44: Application for registration as parliamentary elector
1: 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
b: is incorrectly recorded on the electoral roll; or
c: is recorded on the electoral roll with an incorrect address or occupation.
2: Any person to whom this subsection applies may make application for registration or correction of registration as a parliamentary elector in the form prescribed by the Electoral Act 1993 1976 No 144 s 7E
45: Completion of electoral roll
The electoral officer must, as soon as practicable after the closing of the electoral roll, obtain from the Electoral Commission section 113
a: in the case of residential electors, by using that list; or
b: in the case of ratepayer electors, from the applications received until the closing of the electoral roll. 1976 No 144 s 7F Section 45 amended 1 July 2012 section 58(10) Electoral (Administration) Amendment Act 2011
46: Removal of names from electoral roll
1: 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.
2: 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 immediately 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. 1976 No 144 s 7FA
47: Amendments to roll
1: 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
3: If the electoral officer receives advice from the Electoral Commission 1976 No 144 s 7G Section 47(3) amended 1 July 2012 section 58(11) Electoral (Administration) Amendment Act 2011
48: Objections to roll
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
b: 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.
2: 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 enrolment.
3: The electoral officer must—
a: inquire into and determine whether or not the objection should be allowed; and
b: give the objector written notice of the decision. 1976 No 144 s 7GA
49: Appeals to District Court in respect of roll
1: Any person aggrieved by any decision of the electoral officer under section 48
2: 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.
3: The notice of appeal must be lodged within 7 days after the date on which the appellant receives, under section 48(3)﻿(b)
4: 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.
5: The District Court must fix a time and place for the hearing of the appeal.
6: The appeal must be heard as soon as practicable and the Registrar of the court must notify the appellant and the electoral officer 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
b: the removal of the name of any person who does not. 1976 No 144 s 7GB
50: Closing of electoral roll
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: in cases where an appeal was pending under section 49
b: 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
c: if the electoral officer is satisfied that an elector is dead. 1976 No 144 s 7H(3)
51: When roll in force
1: The electoral officer must ensure that the electoral roll is completed and must, before the time prescribed for the certification of the electoral roll, certify that the roll has been compiled.
2: 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.
4: 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 do so is, in the absence of evidence to the contrary, sufficient evidence that the person is so authorised. 1976 No 144 ss 7H, 7I
3: Conduct of elections and polls
Notice of election or poll
52: Notice of election or poll
1: An electoral officer responsible for the conduct of an election or poll must give public notice of that election or poll—
a: stating the date of the election or poll; and
b: identifying the local government area in respect of which the election or poll is to be held; and
c: identifying the electoral officer or electoral officers who will be responsible for conducting the election or poll; and
d: stating the electoral system to be used for the election or poll; and
e: stating the voting method or voting methods to be used for the election or poll; and
f: advising electors of—
i: the day and time when the electoral roll closes; and
ii: when and how the electoral roll may be inspected; and
iii: when and how persons may enrol or amend enrolment details; and
g:
h: containing any other information that is required or allowed 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: the closing of the electoral roll; or
b: the day and time by which nominations must be received.
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 25 December 2002 section 18 Local Electoral Amendment Act 2002
53: Additional material to be included in notice in respect of election
In the case of an election, a notice under section 52
a: the day and time by which nominations must be received; and
b: the rights of a candidate to submit a candidate profile statement and the manner in which it may be submitted; and
c: the manner in which nominations must be made; and
d: the amount of any deposit required to be paid in respect of nominations and the manner in which that deposit must be paid; and
e: the number of vacancies to be filled.
54: Additional material to be included in notice in respect of poll
In the case of a poll, a notice under section 52
a: state the proposal or subject matter of the poll; and
b: in the case of a binding poll, state the consequences of each possible result of the poll; and
c: 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. Candidacy
55: Nomination of candidates
1: Any 2 electors who are qualified to nominate a candidate may nominate a person who is qualified to be a candidate as a candidate at an election—
a: in the prescribed manner; and
b: before 12 noon on nomination day (the close of nominations).
2: An electoral officer must not accept the nomination of a candidate unless—
a: 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 section 58
b: the person nominated is qualified to be a candidate; and
ba: each of the persons who nominated the candidate are persons other than the candidate; and
c: the persons who nominated the candidate are qualified to nominate the candidate; and
d: the nomination complies with subsections (1) and (4); and
e: the electoral officer receives the deposit prescribed for the applicable class of elections; and
f: the electoral officer receives the following together:
i: the nomination paper required by subsection (1):
ii: the consent and certification required by paragraph (a):
iii: the deposit required by paragraph (e).
3: The consent and certification required by subsection (2)﻿(a) may be given in a manner other than in writing that is approved by the electoral officer, if the person nominated is outside New Zealand.
4: A nomination under subsection (1) must state—
a: the name under which the candidate is seeking election:
b: 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:
c: whether or not a candidate who does not claim any affiliation referred to in paragraph (b) wishes to be identified in the voting documents at the election as an independent 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 25 December 2002 section 19(1) Local Electoral Amendment Act 2002 Section 55(2)﻿(e) replaced 29 June 2013 section 16(1) Local Electoral Amendment Act 2013 Section 55(2)﻿(f) inserted 29 June 2013 section 16(1) Local Electoral Amendment Act 2013 Section 55(3) replaced 29 June 2013 section 16(2) Local Electoral Amendment Act 2013
56: Name of candidate
An electoral officer must not accept the nomination of a candidate 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 registered; or
b: the name registered for the candidate under subpart 6
c: the name by which the candidate was commonly known during the 6 months before nomination day, not being a name that—
i: might cause offence to a reasonable person; or
ii: is unreasonably long; or
iii: is, or includes or resembles, an official title or rank; or
iv: is likely to cause confusion or to mislead electors. Section 56(b) replaced 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 56(c)﻿(iii) substituted 25 December 2002 section 20 Local Electoral Amendment Act 2002
57: Affiliation of candidate
1: If an electoral officer is in any doubt about a candidate's eligibility to claim an affiliation, the electoral officer may require the candidate to produce evidence sufficient to satisfy the electoral officer of the candidate's eligibility to claim that affiliation.
2: If an electoral officer considers that the candidate is not eligible to claim an affiliation or that the affiliation claimed might cause offence to a reasonable person or is likely to cause confusion 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 documents in place of the affiliation specified in the notice of nomination; or
b: 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 affiliation in respect of that candidate to appear on voting documents.
3: In this section, an affiliation
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 local board area or Section 57A inserted 25 December 2002 section 21 Local Electoral Amendment Act 2002 Section 57A amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
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.
2: Subsection (1) does not apply to a person who is a candidate for election—
a: as a member in a ward; and
b: as mayor of the territorial authority of which that ward forms part. Section 57B inserted 25 December 2002 section 21 Local Electoral Amendment Act 2002 Section 57B(2) added 7 July 2004 section 10 Local Electoral Amendment Act 2004
58: Candidacy for both regional council and constituent authority prohibited
1: In this section,— constituent authority
a: a territorial authority having jurisdiction over a constituent district; or
aa: a local board for a local board area that is wholly or partly within the region; or
b: a community board for a community that is wholly or partly within the region member
2: No person may, at the same time, be both a candidate for election to a regional council for a region and a candidate for election 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.
4: No member of a regional council for a region may be a candidate for election to a constituent authority of that region.
5: Subsections (3) and (4) do not apply if a general election of members of the regional council of a region is to be held concurrently with a general election of members of a constituent authority of that region. 1974 No 66 s 101GA Section 58(1) constituent authority inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
58AA: Prohibition on candidacy for local board
1: No member of the governing body of a unitary authority may be a candidate for election as a member of a local board for a local board area within the district of the unitary authority.
2: Subsection (1) does not apply if a general election of members of the governing body of the unitary authority is to be held at the same time as a general election of members of the local board. Section 58AA inserted 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
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.
2: 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 25 December 2002 section 22 Local Electoral Amendment Act 2002
59: Forfeiture of deposit and refund of deposit
1: 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.
2: The deposit must be returned to the person who paid it or, as the case may require, to his or her personal representatives if—
a: subsection (1) does not apply to the candidate or the candidate—
i: withdraws his or her nomination before the close of nominations; or
ia: has his or her nomination cancelled because of incapacitation (certified by a medical practitioner) after the close of nominations but before the close of voting; or
ii: is elected without an election; or
iii: dies before the close of voting; or
iv: 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
b: the candidate (other than a candidate who dies before the close of voting) complies with section 112A
3: Subsection (2)﻿(a) overrides subsection (1). 1976 No 144 s 15 Section 59(2) substituted 25 December 2002 section 23 Local Electoral Amendment Act 2002 Section 59(2)﻿(a)﻿(i) replaced 29 June 2013 section 17(1) Local Electoral Amendment Act 2013 Section 59(2)﻿(a)﻿(ia) inserted 29 June 2013 section 17(1) Local Electoral Amendment Act 2013 Section 59(2)﻿(b) replaced 29 June 2013 section 17(2) Local Electoral Amendment Act 2013 Section 59(3) added 25 December 2002 section 23 Local Electoral Amendment Act 2002
60: Withdrawal, death, or incapacity of candidate before close of nominations
1: Any candidate at an election may, before the close of nominations, withdraw his or her nomination by written notice given to the electoral officer.
2: If the electoral officer receives notice under subsection (1), the nomination must be treated in all respects as if it had not been made.
3: If the electoral officer receives advice before the close of nominations that a candidate has died, that candidate's nomination must be treated in all respects as if it had not been made.
4: If the electoral officer receives advice before the close of nominations that a candidate is, or has become, incapable under 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. 1976 No 144 ss 16, 17(1) Candidate profile statements
61: Candidate profile statements
1: Every candidate may provide to the electoral officer a candidate profile statement that complies with subsection (2) and, if applicable, subsection (3).
2: A candidate profile statement,—
a: if—
i: in English or Māori or both, must not exceed 150 words in each of the languages used in the statement:
ii: in a language other than English or Māori, must not exceed 150 words, or the equivalent, if the language uses symbols rather than words (including any translation of those words into another language provided by the candidate); and
b: must be provided to the electoral officer, together with the nomination paper and other things referred to in section 55(2)﻿(f)
c: must be confined to information concerning the candidate (including any group or organisation with which the candidate claims under section 55(4) , and the candidate's contact details
ca: must state whether or not the candidate's principal place of residence, being the address in respect of which the candidate is registered as a parliamentary elector, is in the local government area for which the candidate seeks election (for example, either My principal place of residence is in the Lambton Ward My principal place of residence is not in the Lambton Ward
cb: if the candidate is seeking election to any other positions in elections to which this Act applies (under section 7
d: must comply with any prescribed requirements; and
e: may include a recent photograph of the candidate alone.
2A: The information required by subsection (2)﻿(ca) and (cb) does not count for the purposes of the word limit under subsection (2)﻿(a).
3: If a candidate profile statement is submitted in Māori and English, the information contained in each language must be substantially consistent with the information contained in the other language.
4: If the electoral officer is not satisfied that a candidate profile statement complies with subsection (2) or, if applicable, subsection (3), the electoral officer must, as soon as practicable, return the statement to the candidate and must—
a: specify the concerns of the electoral officer and the reasons for those concerns; and
b: unless the candidate profile statement does not comply with subsection (2)﻿(b),
5: A candidate is to be treated as having failed to provide a candidate profile statement, if subsection (4)﻿(b)
a: fails to submit an amended candidate profile statement within the period specified in subsection (4)﻿(b); or
b: 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).
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 statement that is published, displayed, or distributed, any disclaimer concerning the accuracy of the information contained in the statement that the electoral officer considers appropriate:
c: is not liable in respect of—
i: any statement contained in or omitted from the candidate profile statement or the work of a translator prudently selected by the electoral officer; or
ii: the exercise of the powers and functions conferred on the electoral officer by this section. Section 61(2)﻿(b) replaced 29 June 2013 section 18(1) Local Electoral Amendment Act 2013 Section 61(2)﻿(c) amended 25 December 2002 section 24(2) Local Electoral Amendment Act 2002 Section 61(2)﻿(ca) inserted 29 June 2013 section 18(2) Local Electoral Amendment Act 2013 Section 61(2)﻿(cb) inserted 29 June 2013 section 18(2) Local Electoral Amendment Act 2013 Section 61(2A) inserted 29 June 2013 section 18(3) Local Electoral Amendment Act 2013 Section 61(4)﻿(b) amended 25 December 2002 section 24(3) Local Electoral Amendment Act 2002 Section 61(5) amended 25 December 2002 section 24(4) Local Electoral Amendment Act 2002
62: Provision of candidate profile statements to electors
1: An electoral officer who receives a candidate profile statement in accordance with section 61
2: Any failure by an electoral officer to comply with this section does not invalidate an election. Procedures after close of nominations
63: If number of candidates does not exceed number of vacancies, candidates to be declared elected
1: 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. 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: is an extraordinary vacancy; and
b: 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
65: Further notice to electors of election or poll
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.
2: Every notice under subsection (1) must—
a: state the date of the election or poll; and
b: state the day and time at which the voting period begins and ends; and
c: state the electoral system to be used for the election or poll; and
d: state the voting method or voting methods to be used for the election or poll; and
da:
e: contain any other information that is required or allowed to be included in the notice by regulations made under this Act.
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 information 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. 1976 No 144 s 20(1) Section 65(2)﻿(da) repealed 29 June 2013 section 19 Local Electoral Amendment Act 2013 Scrutineers
66: Scrutineers at election
A candidate may, by notice in writing, appoint 1 or more scrutineers for the purposes of an election.
67: 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.
68: General rules affecting scrutineers
1: An appointment under section 66 section 67 24 hours before the close of voting at the election or poll
2: A person appointed as a scrutineer must not act in that capacity until he or she has made a declaration containing the prescribed details.
3: A person must not be appointed as a scrutineer if he or she is—
a: a candidate, in the case of an election; or
b: a member or employee of any local authority or local board or
c: under the age of 18 years.
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.
5: Subject to subsection (4), any scrutineer—
a: may be present when—
i: any step referred to in section 80
ii: a scrutiny to which section 83
iii: votes are being counted under section 84
b: may, while votes are being counted under section 84, inspect any voting documents (whether formal or informal) that are the subject of the count.
6: An electoral officer may, at the request of a scrutineer or candidate 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 persons 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. 1976 No 144 s 27(1)–(3) Section 68(1) amended 25 December 2002 section 26(1) Local Electoral Amendment Act 2002 Section 68(3)﻿(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 68(5) substituted 25 December 2002 section 26(2) Local Electoral Amendment Act 2002 Section 68(6) added 25 December 2002 section 26(2) Local Electoral Amendment Act 2002 Death, incapacity, or invalid or cancelled nominations of candidates Heading replaced 29 June 2013 section 20 Local Electoral Amendment Act 2013
69: Application for cancellation of nomination if candidate incapacitated after close of nominations
1: An application may be made for the cancellation of the nomination of a candidate if the candidate becomes incapacitated after the close of nominations but before the close of voting.
2: The application must be made to the electoral officer by—
a: the 2 electors who nominated the candidate; or
b: if 1 or both electors are unavailable or unable to act for any reason, a person with authority to act on the candidate's behalf.
3: The application must be made on a form provided by the electoral officer, and must be witnessed by a Justice of the Peace or a solicitor.
4: The application must be accompanied by a certificate signed by a medical practitioner that certifies—
a: as to the candidate's condition; and
b: that, in the practitioner's opinion, the candidate is incapacitated.
5: The application must be submitted to the electoral officer—
a: as soon as practicable after the candidate becomes incapacitated; and
b: before the close of voting.
6: The application may be submitted by hand, post, fax, or electronic transmission.
7: In this section,— incapacitated medical practitioner section 114(1)﻿(a) Section 69 replaced 29 June 2013 section 21 Local Electoral Amendment Act 2013
69A: How application for cancellation of nomination dealt with
1: On receiving an application under section 69
2: For the purposes of making the determination, the electoral officer may make any inquiries, and seek any assistance (including expert medical assistance), that the electoral officer considers necessary.
3: If, before the close of voting, the electoral officer determines that the candidate became incapacitated as described in subsection (1), the electoral officer must cancel the candidate's nomination.
4: If the electoral officer has not made a determination before the close of voting, the application is to be treated as having been declined.
5: As soon as practicable after making a determination, the electoral officer must inform the applicant of the determination. Section 69A inserted 29 June 2013 section 21 Local Electoral Amendment Act 2013
70: Death, incapacity, or invalid nomination of mayoral candidate after close of nominations
1: This section applies if, after the close of nominations but before the close of voting, an electoral officer becomes aware that a candidate in a mayoral election—
a: has died; or
b: has become incapable under any Act of holding the office for which the candidate was nominated; or
c: was not validly nominated; or
d: was not qualified to be nominated as a candidate.
2: 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
b: countermand the notice of the election given under section 65
c: declare the election to be void.
3: 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.
4: A new election must be held and the provisions of section 102 1976 No 144 s 22
71: Death, incapacity, or invalid or cancelled nomination of candidate
1: This section and section 72
a: the electoral officer has cancelled under section 69A
b: the electoral officer becomes aware, after the close of nominations but before the close of voting, that a candidate in any election other than a mayoral election—
i: has died; or
ii: 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.
2: If it is practicable to do so before polling day, the electoral officer must give public notice of the death, incapacity, or invalid or cancelled nomination
3: The electoral officer must take such steps as are practicable to ensure that electors do not vote for a candidate in ignorance of the death, incapacity, or invalid or cancelled nomination
4: Any failure by the electoral officer to ensure that an elector or electors do not vote for a candidate in ignorance of the death, incapacity, or invalid or cancelled nomination
5: If the electoral system used at the election is First Past the Post, any vote cast for a deceased or incapacitated candidate, or for a candidate whose nomination is invalid or cancelled section 84
6: If the electoral system used at the election is Single Transferable Voting, any preference recorded on a voting document for a deceased or incapacitated candidate, or for a candidate whose nomination is invalid or cancelled section 84 1976 No 144 s 23(1), (2) Section 71 heading replaced 29 June 2013 section 22(1) Local Electoral Amendment Act 2013 Section 71(1)﻿(a) replaced 29 June 2013 section 22(2) Local Electoral Amendment Act 2013 Section 71(2) amended 29 June 2013 section 22(3) Local Electoral Amendment Act 2013 Section 71(3) amended 29 June 2013 section 22(4) Local Electoral Amendment Act 2013 Section 71(4) amended 29 June 2013 section 22(4) Local Electoral Amendment Act 2013 Section 71(5) substituted 25 December 2002 section 27 Local Electoral Amendment Act 2002 Section 71(5) amended 29 June 2013 section 22(5) Local Electoral Amendment Act 2013 Section 71(6) added 25 December 2002 section 27 Local Electoral Amendment Act 2002 Section 71(6) amended 29 June 2013 section 22(5) Local Electoral Amendment Act 2013
72: If election becomes unnecessary
1: If the death, incapacity, or invalid or cancelled nomination
2: 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. 1976 No 144 s 23(3) Section 72(1) amended 29 June 2013 section 23 Local Electoral Amendment Act 2013 Adjourned elections or polls
73: Adjournment of election or poll
1: This section applies if the electoral officer believes on reasonable grounds that electors are, or are likely to be, denied a reasonable opportunity to cast a valid vote at an election or poll because of—
a: natural disaster; or
b: adverse weather conditions; or
c: the breakdown of communication or energy services; or
d: riot or disorder; or
e: any other event.
2: 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.
3: The electoral officer must give public notice of every adjournment under this section as soon as practicable, and may give any other notice that the electoral officer considers desirable. 1976 No 144 s 48
73A: Adjournment of electoral processes
1: The Governor-General may, by Order in Council made in accordance with this section, specify a later date for 1 or more of the following in respect of a triennial general election of members of 1 or more local authorities , local boards,
a: the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:
b: the nomination day:
c: the polling day:
d: the date by which anything else may or must be done under this Act or regulations made under this Act.
2: The Order in Council must be made in the year in which the triennial general election is to be held.
3: A date specified by the Order in Council must be no more than 6 weeks after the date that would otherwise have applied.
4: A date may be specified by the Order in Council only if the order commences on or before the date that would otherwise have applied.
5: The Order in Council must be made on the recommendation of the Minister.
6: Before recommending the making of the Order in Council, the Minister—
a: must be satisfied, on reasonable grounds, that the order is necessary to ensure that the adverse effects of an emergency (whether local or national) or of anything referred to in section 73(1)﻿(a) to (d)
b: must have consulted every local authority and electoral officer that will be affected.
7: Upon the commencement of an Order in Council made under this section,—
a: a date specified in the order has effect in relation to the triennial general election of members of the 1 or more local authorities , local boards,
b: this Act and any regulations made under this Act apply to the election with any necessary modifications.
8: The electoral officer must, as soon as practicable, give public notice of every change of date made by the Order in Council, and may give any other notice that the electoral officer considers desirable.
9: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 73A inserted 29 June 2013 section 24 Local Electoral Amendment Act 2013 Section 73A(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 73A(7)﻿(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 73A(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
73AB: Adjournment of electoral processes and conduct of polls while epidemic notice in force for COVID-19
Section 73AB repealed 20 October 2022 section 73AC(1)
73AC: Repeal and revocation
2022-10-20 Local Electoral Act 2001 Sections 73AB and 73AC are repealed (and any orders made are revoked): when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act.. Section 73AC repealed 20 October 2022 section 73AC(1)
73B: Electoral officer may abandon voting method
1: The electoral officer may abandon a voting method if, at any time during the voting period, the electoral officer has reasonable grounds to consider that the method has failed or been compromised.
2: Without limiting subsection (1), a voting method fails or is compromised if—
a: a system or facility used for the method fails or malfunctions with the effect that some or all of the votes cast using the method are destroyed or otherwise irretrievable:
b: a system or facility used for the method has been manipulated with the effect that it is not possible for the electoral officer to be satisfied, for some or all of the votes cast using the method, that the votes are recorded accurately.
3: If the voting method involves a combination of or choice between methods, the decision to abandon a method applies only to (and affects only votes cast using) the method that has failed or been compromised.
4: If the electoral officer abandons a voting method,—
a: any votes cast using the method must be disregarded (including for the purpose of section 83(2)
b: an elector whose vote is disregarded may vote again—
i: using another method of voting (if subsection (3) applies); or
ii: by casting a special vote; and
c: if the public notice under subsection (5)﻿(a) is given less than 14 days before the close of voting, the electoral officer must adjourn the close of voting to the date that is 14 days after the public notice is given.
5: The electoral officer must, as soon as is reasonably practicable,—
a: give public notice that the method has been abandoned and of the matters described in subsection (4); and
b: if it is possible to identify electors whose votes have been disregarded, take all reasonable steps to notify those electors that the method has been abandoned and of the matters described in subsection (4).
6: The electoral officer may give any other notice that the electoral officer considers desirable. Section 73B inserted 9 April 2019 section 7 Local Electoral Matters Act 2019 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: the security of voting documents and other electoral records is maintained; and
b: voting documents and other electoral records are dealt with in the prescribed manner; and
c: 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: is required to conduct the count; or
ii: is otherwise authorised by law or any court of competent jurisdiction; and
d: the processing and counting of votes, and the scrutiny of the electoral roll, are conducted in a manner that facilitates 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 following directions to the voter:
a: the voter should read the directions carefully before voting; and
b: 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
ii: the minimum and maximum number of candidates for which a voter may exercise his or her vote; and
c: if the Single Transferable Voting electoral system is being used at the election,—
i: how and where on the voting document a voter indicates his or her preferences; and
ii: the minimum and maximum number of candidates for which a voter may indicate his or her preferences; and
d: what the voter should do if he or she spoils the voting document; and
e: what the voter must do with the voting document after voting; and
f: any other relevant requirements that are particular to the voting method or the electoral system that is being used.
2: In addition to the directions to the voter, every voting document 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
b: the name of the local government area to which the election relates; and
c: the position or positions to be filled at the election; and
d: the name under which each candidate is seeking election, and the name of any organisation or group with which the candidate claims to be affiliated or, if applicable, the status of the candidate as an independent candidate; and
e: information that is necessary to distinguish any candidates that have the same or very similar names; and
f: an illustration of how and where the voter indicates his or her choice or preferences, as the case may be ; and
g: a warning describing the offences that a person may commit under sections 122(1)﻿(a) 123(1)﻿(c) 124(b)
3: Voting documents for an election may contain any other information 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 limitation, information in a language other than English); and
b: the secrecy of the vote is maintained. Section 75(2)﻿(f) amended 29 June 2013 section 25(1) Local Electoral Amendment Act 2013 Section 75(2)﻿(g) inserted 29 June 2013 section 25(2) Local Electoral Amendment Act 2013
76: What voting documents for polls must contain
1: Every voting document for a poll must contain the following directions to the voter:
a: the voter should read the directions carefully before voting; and
b: 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
c: if the Single Transferable Voting electoral system is being used for the poll, how and where on the voting document a voter indicates his or her preference; and
d: what the voter should do if he or she spoils the voting document; and
e: what the voter must do with the voting document after voting; and
f: 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 document 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
b: the name of the local government area to which the poll relates; and
c: 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
d: an illustration of how and where the voter indicates his or her choice or preferences, as the case may be ; and
e: a warning describing the offences that a person may commit under sections 122(1)﻿(a) 123(1)﻿(c) 124(b)
3: Voting documents for a poll may contain any other information 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 limitation, information in a language other than English); and
b: the secrecy of the vote is maintained. Section 76(2)﻿(d) amended 29 June 2013 section 26(1) Local Electoral Amendment Act 2013 Section 76(2)﻿(e) inserted 29 June 2013 section 26(2) Local Electoral Amendment Act 2013
77: Approval of voting documents for use at elections and polls
A voting document may not be used at an election or poll unless it is consistent with at least 1 of the general formats that have been approved for use by the Secretary for Local Government or a person appointed by the Secretary for the purpose of approving formats for voting documents under this section.
78: Voting
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.
79: Early processing of votes
Section 79 repealed 29 June 2013 section 27 Local Electoral Amendment Act 2013
80: Processing before close of voting
1: The electoral officer may, at his or her discretion, process during the voting period and in the prescribed manner any voting documents received before the close of voting for any election or poll.
2: Subsection (1) does not require the electoral officer to ensure the taking of any particular step (whether prescribed or otherwise) 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.
4: 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. Section 80(1) replaced 29 June 2013 section 28 Local Electoral Amendment Act 2013
81: Scrutineers' presence at processing prohibited before close of voting
1: No scrutineer may be present when any step referred to in section 80
2:
3: Section 81(2) repealed 25 December 2002 section 29 Local Electoral Amendment Act 2002 Section 81(3) repealed 25 December 2002 section 29 Local Electoral Amendment Act 2002
82: Justices of the Peace to observe processing before close of voting
1: 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 processing of voting documents under section 80
2: At least 1 Justice appointed under subsection (1) must be present when any step referred to in section 80
3: Every Justice appointed under subsection (1) must give a certificate to the electoral officer stating whether or not the Justice is satisfied that section 80
4: A Justice who gives a certificate stating that he or she is not satisfied that section 80
83: Scrutiny of roll
1: 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
2: 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.
4: Subsection (1) is subject to section 68(4) Section 83(1) amended 7 July 2004 section 12 Local Electoral Amendment Act 2004
84: Counting of votes
1: 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
a: the procedures prescribed for counting in respect of the electoral system used for the election or poll; and
b: the procedures prescribed for counting in respect of the voting method or voting methods used at the election or poll.
2: 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 system.
3: 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.
4: If the electoral officer makes an endorsement under subsection (3), that candidate ceases to be available for election, and cannot be elected at the election of the member or members of the territorial authority.
5: 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
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 local boards or
5B: 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 local boards or
5C: 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 local board or
5D: If, for any reason, a person is declared to be elected as a member of the territorial authority and that person is also elected to be a member of a local board or section 88A
6: Subsection (1) is subject to section 68(4) Section 84(5A) inserted 25 December 2002 section 30 Local Electoral Amendment Act 2002 Section 84(5A) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 84(5B) inserted 25 December 2002 section 30 Local Electoral Amendment Act 2002 Section 84(5B) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 84(5C) inserted 25 December 2002 section 30 Local Electoral Amendment Act 2002 Section 84(5C) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 84(5D) inserted 25 December 2002 section 30 Local Electoral Amendment Act 2002 Section 84(5D) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
85: Preliminary results
The electoral officer must, in accordance with the prescribed requirements, make any announcements required by regulations made under this Act concerning the preliminary results of an election or poll. Section 85 substituted 25 December 2002 section 31 Local Electoral Amendment Act 2002
86: 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: the validity of all special votes has been determined; and
c: all valid votes have been counted. Section 86(a) repealed 7 July 2004 section 13 Local Electoral Amendment Act 2004
87: Death or incapacity of elected candidate before declaration of result of election
1: This section applies if—
a: a candidate in any election dies or becomes incapable under any Act of holding the office for which the candidate was nominated; and
b: the death or incapacity occurs after the close of voting; and—
i: before the declaration of the result of the election under section 86
ii: if an amended declaration of the result of the election is ordered under section 92(3)
c: that candidate would, had the death or incapacity not occurred, have been declared to be elected.
2: If the candidate is a candidate other than a candidate in a mayoral election,—
a: the electoral officer must give public notice declaring any other successful candidate at the election to be elected; and
b: the vacancy arising from the death or incapacity of the candidate is to be treated as an extraordinary vacancy occurring on the date of the declaration or of the amended declaration, as the case may be.
3: If the candidate is a candidate in a mayoral election, the electoral officer must, by public notice,—
a: give notice of the death, or the incapacity, or the invalid nomination of the candidate; and
b: countermand the notice of the election given under section 65
c: declare the election to be void.
4: 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.
5: If subsection (3) applies, a new election must be held and the provisions of section 102 1976 No 144 s 44
88: What happens if same person elected as mayor and another member
1: 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 section 93
2: If subsection (1) applies and the elections were conducted using the First Past the Post electoral system, then,—
a: subject to paragraph (b), the electoral officer conducting the election must give an amended declaration under section 86
b: if the district of the territorial authority is divided into wards for electoral purposes, the electoral officer conducting the election must give an amended declaration under section 86
3: If subsection (1) applies and the elections were conducted using the Single Transferable Voting electoral system, then,—
a: subject to paragraph (b), the electoral officer must—
i: determine , in accordance with any regulations made under this Act,
ii: give an amended declaration under section 86
b: if the district of the territorial authority is divided into wards for electoral purposes, the electoral officer conducting the election must—
i: determine , in accordance with any regulations made under this Act,
ii: give an amended declaration under section 86 declaring that unelected candidate to be elected.
4: In every case to which subsection (2) or subsection (3) applies, the period of 21 days referred to in section 93(2)
5: If there is no other candidate who may lawfully be declared to be elected by means of the amended declaration, an extraordinary vacancy in the office of member is to be treated as having occurred on the date on which the mayor came into office as mayor. 1974 No 66 s 101W Section 88(3)﻿(a)﻿(i) amended 25 December 2002 section 32(a) Local Electoral Amendment Act 2002 Section 88(3)﻿(b)﻿(i) amended 25 December 2002 section 32(b) Local Electoral Amendment Act 2002
88A: What happens if same person elected to both territorial authority and
local board or
1: This section applies if, at any elections held at the same time for a member or members of a territorial authority and a member or members of a local board or local board or section 92 section 93
2: 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 local board or community board, as the case may be Section 88A inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88A heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88A(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88A(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88B: Amended declaration if election under First Past the Post electoral system
If section 88A
a: subject to paragraphs (b) and (c), the electoral officer conducting the election of members of the local board or section 86
b: if the local board area or local board or community board, as the case may be
c: the electoral officer must, in determining for the purposes of paragraph (a) or paragraph (b) the person who is the highest polling unelected candidate, ignore any unelected candidate for membership of the local board or Section 88B inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88B(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88B(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88B(c) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88C: Amended declaration if election under Single Transferable Voting electoral system
If section 88A
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 member of the local board or
ii: give an amended declaration under section 86
b: if the local board area or
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 territorial authority was also elected as a member of the local board or community board, as the case may be
ii: give an amended declaration under section 86
c: the electoral officer must, in determining for the purposes of paragraph (a) or paragraph (b) the unelected candidate who is to be declared by the amended declaration 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 local board or Section 88C inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88C(a)﻿(i) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88C(b) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88C(b)﻿(i) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88C(c) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88D: Application of provision relating to petition for inquiry
In every case to which section 88B section 88C section 93(2) local board or Section 88D inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88D amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88E: What happens if no amended declaration can be made
1: This section applies if, in any case to which section 88A local board or
2: If this section applies, an extraordinary vacancy in the office of member of the local board or local board or Section 88E inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88E(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88E(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
88F: What happens if member of
local board or
1: This section applies if, at any election other than an election to which section 88A local board or section 92 section 93
2: 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 local board or Section 88F inserted 25 December 2002 section 33 Local Electoral Amendment Act 2002 Section 88F heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88F(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 88F(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
89: Electoral records
1: As soon as practicable after the completion of the
2: 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.
3: The Registrar of the District Court must ensure that the voting documents and materials received under subsection (2) or section 102C
a: are kept securely—
i: for a period of 21 days after public notice is given declaring the result of the election or poll; or
ii: in a case where an application is made for a recount or an inquiry
b: are then destroyed.
4: Access to the voting documents and materials received under subsection (2) or section 102C
a: on the order of a court of competent jurisdiction; or
b: in accordance with section 102G(2)﻿(b)
5: In this section and in section 102C specified materials Section 89(1) amended 7 July 2004 section 14 Local Electoral Amendment Act 2004 Section 89(3) amended 9 April 2019 section 8(1) Local Electoral Matters Act 2019 Section 89(3)﻿(a)﻿(ii) amended 9 April 2019 section 8(2) Local Electoral Matters Act 2019 Section 89(4) amended 9 April 2019 section 8(3) Local Electoral Matters Act 2019 Section 89(4)﻿(b) amended 9 April 2019 section 8(4) Local Electoral Matters Act 2019 Section 89(5) amended 9 April 2019 section 8(5) Local Electoral Matters Act 2019
4: Disputed elections and polls
Recount of votes cast at election
90: Application for recount
1: If any candidate has reason to believe that the public declaration 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.
2: Every application for a recount must be accompanied by the prescribed deposit.
3: 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 District Court Judge must, as soon as practicable after receiving the application, and the deposit required by subsection (2),—
a: cause a recount of the votes to be made; and
b: give notice in writing to the electoral officer and to each of the candidates and to each scrutineer appointed under section 66 section 91 1976 No 144 s 43(1)–(3)
91: Scrutineers at recount
1: 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
2: Subsections (2) and (3) of section 68
3: Not more than 1 scrutineer for any candidate (whether appointed under section 66 1976 No 144 s 43(4), (5)
92: Conduct of recount
1: At the recount, the electoral officer must produce to the District Court Judge all the voting documents used at the election.
2: 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
b: section 74
3: 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
4: 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 1976 No 144 s 43(6)–(9) Petition for inquiry Heading amended 9 April 2019 section 9 Local Electoral Matters Act 2019
93: Petition for inquiry
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: an inquiry into the conduct of the election or poll; or
b: an inquiry into the conduct of a candidate or any other person at the election or poll.
2: A petition under subsection (1) must—
a: 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
b: be filed in the District Court to which the voting documents for the election or poll to be inquired into were forwarded; and
c: be accompanied by the prescribed deposit; and
d: specify the specific grounds on which the complaint is based; and
e: be heard and determined by a District Court Judge.
3: If a petition under subsection (1) is filed at the District Court, a Registrar 1976 No 144 s 99 Section 93(3) amended 1 March 2017 section 261 District Court Act 2016
94: Specified grounds only to be investigated
1: No grounds other than those stated in the petition may be investigated, except with the leave of the District Court Judge hearing the petition.
2: Leave may be given under subsection (1)—
a: only after reasonable notice has been given to any affected person; and
b: on such terms and conditions (if any) that the District Court Judge considers just.
3: Despite subsection (1),—
a: if the petition concerns an election, evidence may be given to prove that the election of any defeated candidate would be invalid in the same manner as if the petition had complained of the candidate's election:
b: if the petition concerns a poll, evidence may be given to prove that a proposal other than that declared to be carried was—
i: carried and not rejected; or
ii: rejected and not carried. 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—
a: any candidate or any 10 electors, if the petition concerns an election; or
b: any 10 electors, if the petition concerns a poll; or
c: an electoral officer or other electoral official, if the petition complains of the conduct of the electoral officer or other electoral official.
2: The person or persons who file a notice under subsection (1) are the respondent or respondents to the petition. 1976 No 144 s 101
96: 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. 1976 No 144 s 102
97: Powers of District Court Judge
1: For the purposes of the inquiry, the District Court Judge conducting 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 jurisdiction; 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.
2: 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 election or poll; or
b: has voted more than once at the election or poll. 1976 No 144 s 103
98: 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:
b: in the case of an election, the candidate whose election is complained of, or any and which other candidate, was elected:
c: in the case of a poll, any and which proposal was carried. 1976 No 144 s 104
99: Election or poll not void by reason of certain irregularities
1: If subsection (2) applies, an election or poll must not be declared void on the ground of—
a: any irregularity in any of the proceedings preliminary to the voting; or
b: any failure to hold the election or poll at any place appointed for holding the election or poll; or
c: 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
d: by any mistake in the use of prescribed forms.
2: 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 accordance with the principles set out in section 4 1976 No 144 s 120
100: Costs of inquiry
1: The District Court Judge may order that all or part of the expenses of, or incidental to, the inquiry are to be met by—
a: any party or parties to the inquiry; or
b: 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.
2: The order has the same effect and may be enforced as a judgment for a debt obtained under the District Court Act 2016
3: Despite subsection (1), no order may be made against any person who is not a party to the inquiry unless the person has been summoned to appear and give evidence at the inquiry. 1976 No 144 s 106(1) Section 100(2) amended 1 March 2017 section 261 District Court Act 2016
101: Return of deposit
1: The District Court Judge must direct that the deposit required by section 93(2)﻿(c)
a: the grounds of complaint specified in the petition; or
b: any other grounds investigated with the leave of the Judge.
2: 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
3: This section applies subject to any order made under section 100 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.
2: The new election or poll must be held or taken,—
a: 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 89 days
b: 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 89 days
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.
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 declared 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
b: specified kinds of amendments or additions or deletions be made to that roll; or
c: an updated version of that roll be prepared incorporating 1 or more of the changes authorised under paragraphs (a) or (b).
6: The only persons eligible to be nominated as candidates at the new election are the persons who were qualified to be nominated as candidates at the void election. 1976 No 144 s 107 Section 102(2)﻿(a) amended 26 March 2015 section 9 Local Electoral Amendment Act 2015 Section 102(2)﻿(b) amended 26 March 2015 section 9 Local Electoral Amendment Act 2015 Application by electoral officer for inquiry into election or poll Heading inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102A: Application by electoral officer for inquiry
1: An electoral officer who has reasonable grounds to believe that an irregularity of the type described in section 102G(1)﻿(a)
2: The application may be made jointly with 1 or more electoral officers responsible for affected elections or polls.
3: The application must—
a: be filed after the close of voting and before the official results are declared, but in any case not more than 21 days after the close of voting; and
b: be served on the electoral officer responsible for any affected election or poll that is not a subject of the application; and
c: be heard and determined by a District Court Judge.
4: For the purposes of this section, an election or poll is affected 2001 No 35 s 93 Section 102A inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102B: Preliminary or official results not to be announced or declared
1: After an application for an inquiry has been made in respect of an election or poll, the electoral officer must not, despite sections 85 86
a: make any announcement (or any further announcement) of the preliminary results of the election or poll; or
b: declare the official result of the election or poll.
2: Subsection (1) applies subject to section 102G(2) Section 102B inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102C: Deposit of electoral records
1: As soon as practicable after an application for an inquiry has been made,—
a: the electoral officer must secure all voting documents and specified materials in the prescribed manner; and
b: the voting documents and materials must be deposited with the District Court.
2: See section 89 Section 102C inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102D: Notice of application
1: As soon as practicable after an application for an inquiry has been made, the electoral officer must—
a: give public notice of the application; and
b: if the application concerns an election, give written notice of the application to each candidate.
2: The notice must specify the elections and polls in respect of which the application is made and state the grounds for the application.
3: If the application for an inquiry is made jointly, the electoral officers may give public notice under this section jointly. Section 102D inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102E: Who may be respondent
1: A notice of an intention to oppose an application for an inquiry may be filed by—
a: any candidate or any 10 electors, if the application concerns an election; or
b: any 10 electors, if the application concerns a poll.
2: A person who files a notice under subsection (1) is a respondent to the application. 2001 No 35 s 95 Section 102E inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102F: Time for holding inquiry
An inquiry must be commenced within 14 days after the filing of an application for an inquiry, and not less than 7 days’ public notice must be given of the time and place at which the inquiry will be held. 2001 No 35 s 96 Section 102F inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102G: Result of inquiry
1: The District Court Judge conducting the inquiry must determine whether—
a: an irregularity occurred that has—
i: materially affected the result of the election or poll (which may include, for example, an irregularity resulting in an insufficient number of votes being capable of being counted or relied upon for there to be confidence in any result); or
ii: directly or indirectly severely undermined public confidence in the integrity of the election or the validity of the results (or both); and
b: as a result of the irregularity, the election or poll is void.
2: If the District Court Judge determines that the election or poll is not void,—
a: the electoral officer must, as soon as practicable after the determination,—
i: give public notice of the determination; and
ii: subject to any direction of the Judge, take any other steps necessary to complete the electoral officer’s functions in relation to the election or poll in accordance with this Act:
b: if the electoral officer requires the voting documents and materials deposited with the District Court under section 102C(1)
3: A determination under this section that an election or poll is not void does not preclude, or determine an inquiry on, a petition under section 93 Section 102G inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102H: Provisions that apply to inquiry
The following provisions apply to the inquiry:
a: section 97
b: section 99
c: section 100(1)﻿(a), (2), and (3) Section 102H inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
102I: New election or poll if election or poll declared void
1: Section 102
2: If an election or poll is declared void as a result of an irregularity in the operation of a voting method, the District Court Judge may order that the new election or poll be conducted—
a: using a different voting method; or
b: using the same method, subject to specified modifications.
3: A District Court Judge who makes an order under subsection (2) may also, if the Judge considers it necessary, postpone the date by which the new election or poll must be held or taken beyond the date provided for in section 102(2) 2001 No 35 s 102 Section 102I inserted 9 April 2019 section 10 Local Electoral Matters Act 2019 Order to be final Heading inserted 9 April 2019 section 10 Local Electoral Matters Act 2019
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. 1976 No 144 s 108
5: Electoral donations and expenses
Part 5 heading replaced 29 June 2013 section 29 Local Electoral Amendment Act 2013
1: Electoral donations
Subpart 1 inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103A: Interpretation
In this subpart and subpart 3 anonymous
a: does not know the identity of the donor; and
b: could not, in the circumstances, reasonably be expected to know the identity of the donor contribution
a: was given—
i: to the donor; or
ii: to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through 1 or more intermediaries, trustees, or nominees); and
b: would have been a donation if it had been given directly to the candidate; and
c: was given in the knowledge or expectation (whether by reference to a trust, an agreement, or an understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation contributor
a: beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or
b: provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds donation funded from contributions donor electoral donation donation
a: includes,—
i: where goods or services are provided to a candidate, or to any person on the candidate's behalf, under a contract or an arrangement at a value that is less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and
ii: where goods or services are provided by a candidate under a contract or an arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and
b: excludes—
i: the labour of any person that is provided to a candidate free of charge by that person; and
ii: goods or services provided free of charge to a candidate, or to any person on the candidate's behalf, that have a reasonable market value of $300 or less receive
a: the donor directly; or
b: the donor indirectly, via a transmitter transmitter 1993 No 87 s 207 Section 103A inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103B: Donations and contributions include GST
All references to the amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or services donated or contributed. 1993 No 87 s 207A Section 103B inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103C: Donations to be transmitted to candidate
Every person, other than a candidate, to whom an electoral donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate. 1993 No 87 s 207B(1) Section 103C inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103D: Contributors to be identified
1: This section applies to a donation (other than an anonymous donation) that is made up of, includes, or is wholly or partly funded from 1 or more contributions.
2: If this section applies to a donation, the donor must, at the time of making the donation, disclose—
a: the fact that the donation is funded from contributions; and
b: the following information about any contribution that, either on its own or when aggregated with other contributions made by the same contributor to the donation, exceeds $1,500 in sum or value:
i: the name of the contributor; and
ii: the address of the contributor; and
iii: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
c: the total of all of the amounts disclosed under paragraph (b)﻿(iii) in relation to the donation; and
d: the total of all of the other contributions made in relation to the donation.
3: A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.
4: For the purpose of section 112A 1993 No 87 s 207C Section 103D inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103E: Offence relating to contravention of section 103D
A donor who fails to comply with section 103D 1993 No 87 s 207D Section 103E inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103F: Identity of donor to be disclosed by transmitter, if known
1: When a transmitter transmits a donation to a candidate on behalf of the donor, the transmitter must disclose to the candidate—
a: the fact that the donation is transmitted on behalf of the donor; and
b: the name and address of the donor; and
c: whether section 103D
2: Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1), then the donation must be treated as an anonymous donation. 1993 No 87 s 207E Section 103F inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103G: Offence relating to contravention of section 103F
A transmitter who fails to comply with section 103F(1) 1993 No 87 s 207F Section 103G inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103H: Disclosure of identity of donor
If any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous donation exceeding $1,500, the person must disclose the identity of the donor to the candidate. 1993 No 87 s 207G(1) Section 103H inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103I: Offence relating to contravention of section 103H
A person who fails to comply with section 103H 1993 No 87 s 207H Section 103I inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103J: Anonymous donation may not exceed $1,500
1: If an anonymous donation exceeding $1,500 is received by a candidate in relation to an election campaign, the candidate must, within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.
2: If an anonymous donation exceeding $1,500 is received by a candidate who is seeking election to more than 1 office, the candidate must—
a: designate 1 election campaign for election to 1 office for which the donation will be used; and
b: within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.
3: An electoral officer who receives an amount under subsection (1) or (2) must, within 20 working days of receiving that amount,—
a: issue a receipt to the candidate; and
b: pay the amount into the general fund of the local authority that appointed the electoral officer. 1993 No 87 s 207I(1) Section 103J inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103K: Offence relating to contravention of section 103J
1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 103J(1) or (2)
2: A candidate who contravenes section 103J(1) or (2) 1993 No 87 s 207J Section 103K inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
103L: Records of electoral donations
1: A candidate must keep proper records of all donations received by him or her.
2: A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. 1993 No 87 s 207M Section 103L inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
2: Electoral expenses
Subpart 2 heading inserted 29 June 2013 section 30 Local Electoral Amendment Act 2013
104: Interpretation
In this subpart and subpart 3 applicable period before the close of polling day electoral activity
a: that is carried out by the candidate or with the candidate's authority; and
b: 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 local board or
ii: in any other capacity; and
c: that comprises—
i: advertising of any kind; or
ii: radio or television broadcasting; or
iii: publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; or
iv: any electronic communication to the public, including (without limitation) the establishment or operation of a website or other method of communication to the public using the Internet; and
d: that relates exclusively to the campaign for the election of the candidate; and
e: that takes place within the applicable period before the close of polling day electoral expenses
a: means expenses that are incurred by or on behalf of the candidate in respect of any electoral activity; and
b: includes expenses that are incurred by or on behalf of the candidate, before or after the applicable period before the close of polling day, in respect of any electoral activity; and
c: 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
d: 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
e: 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
f: does not include expenses incurred by the candidate in preparing a candidate profile statement; and
g: does not include the labour of any person that is provided to the candidate free of charge by that person ; and
h: does not include the cost of any framework (other than a commercial framework) that supports a hoarding on which an advertisement is displayed population by the Government Statistician 1993 No 87 ss 213(1) 214F Section 104 amended 29 June 2013 section 31(1) Local Electoral Amendment Act 2013 Section 104 electoral activity amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 104 electoral donation repealed 29 June 2013 section 31(2) Local Electoral Amendment Act 2013 Section 104 electoral expenses amended 29 June 2013 section 31(3) Local Electoral Amendment Act 2013 Section 104 electoral expenses inserted 29 June 2013 section 31(4) Local Electoral Amendment Act 2013 Section 104 population amended 25 December 2002 section 34 Local Electoral Amendment Act 2002
105: Periods for claiming and paying expenses
1: No claim against a candidate, or against any agent of a candidate, 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.
2: All electoral expenses incurred by or on behalf of a candidate must be paid within 60 days after the day on which the successful candidates are declared to be elected.
3: A person who makes a payment in breach of this section commits an offence and is liable on conviction to a fine not exceeding $5,000. 1993 No 87 s 206 Section 105(3) inserted 29 June 2013 section 32 Local Electoral Amendment Act 2013
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: the claim is a disputed claim; and
b: 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. 1993 No 87 s 207
107: Leave to pay claim after time limited
1: The District Court
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. 1993 No 87 s 208 Section 107(1) amended 1 March 2017 section 261 District Court Act 2016
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: a bill stating the particulars; and
b: a receipt. 1993 No 87 s 209
109: Return of electoral expenses
Section 109 repealed 29 June 2013 section 33 Local Electoral Amendment Act 2013
110: Return to be open for public inspection
Section 110 repealed 29 June 2013 section 33 Local Electoral Amendment Act 2013
111: Maximum amount of electoral expenses
1: The total electoral expenses (inclusive of goods and services tax) of a candidate must not—
a: exceed $3,500 if any local government area over which the election is held has a population smaller than 5 000:
b: 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:
c: 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:
d: 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:
e: 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:
f: 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:
g: 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:
h: 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:
i: 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:
j: exceed $70,000 if any local government area over which the election is held has a population smaller than 1 000 000 and larger than 249 999:
k: exceed the sum referred to in subsection (1A) if any local government area over which the election is held has a population of 1 000 000 or more.
1A: The sum is—
a: $100,000 plus the amount prescribed under section 139(1)﻿(ha)
b: $100,000 plus 50 cents for each elector, if no amount is prescribed under section 139(1)﻿(ha)
2: Despite subsection (1), if a candidate is a candidate for more than 1 election held at the same time, the total electoral expenses (inclusive of goods and services tax) of that candidate must not exceed the highest amount permitted under subsection (1) in respect of any one of the elections for which the person is a candidate. 1993 No 87 s 213(2) Section 111(1)﻿(j) substituted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 111(1)﻿(k) added 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 111(1A) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010
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
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 activity in the applicable period before the close of polling day; and
b: the fair proportion of those expenses are electoral expenses.
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 1993 No 87 ss 213(4) 214(1) Section 112(2) amended 25 December 2002 section 36 Local Electoral Amendment Act 2002
112AA: Offence to pay electoral expenses in excess of relevant prescribed maximum
1: This section applies to any candidate or other person who directly 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 relevant maximum amount prescribed by section 111
2: The candidate or person commits an offence and is liable on conviction—
a: to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she knew the payment was in excess of the relevant prescribed maximum amount; or
b: to a fine not exceeding $5,000 in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the electoral expenses did not exceed the relevant prescribed maximum amount. Section 112AA inserted 29 June 2013 section 34 Local Electoral Amendment Act 2013
3: Return of electoral donations and expenses
Subpart 3 inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112A: Return of electoral donations and expenses
1: Within 55 days after the day on which the successful candidates at any election are declared to be elected, every candidate at the election must file a return of electoral donations and expenses.
2: However, in any case where a candidate is outside New Zealand on the day on which the successful candidates are declared to be elected ( election result day
3: The return of electoral donations and expenses must set out—
a: the details specified in subsection (4) in respect of every electoral donation (other than a donation of the kind referred to in paragraph (c)) received by the candidate that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and
b: whether any donation is funded from contributions, and if so, and to the extent known or ascertainable from the information supplied under section 103D
c: the details specified in subsection (6) in respect of every anonymous electoral donation received by the candidate that exceeds $1,500; and
d: details of the candidate's electoral expenses.
4: The details referred to in subsection (3)﻿(a) are—
a: the name of the donor; and
b: the address of the donor; and
c: the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and
d: the date the donation was received or, in the case of aggregated donations, the date that each donation was received.
5: The details referred to in subsection (3)﻿(b) are—
a: the name of the contributor; and
b: the address of the contributor; and
c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions.
6: The details referred to in subsection (3)﻿(c) are—
a: the date the donation was received; and
b: the amount of the donation; and
c: the amount paid to the electoral officer under section 103J(1) or (2)
7: Every return filed under this section must be in the form prescribed in Schedule 2
8: It is the duty of every electoral officer to ensure that this section is complied with.
9: In this section, file 1993 No 87 s 209 Section 112A inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112B: Nil return
If a candidate considers that there is no relevant information to disclose under section 112A 1993 No 87 s 209A Section 112B inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112C: Failure to file return of electoral donations and expenses
A candidate who fails, without reasonable excuse, to comply with section 112A
a: a fine not exceeding $1,000; and
b: if he or she has been elected to office, a further fine not exceeding $400 for every day that he or she continues to hold office until the return is filed. Section 112C inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112D: Filing a false return of electoral donations and expenses
A candidate who files a return under section 112A
a: to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she filed the return knowing it to be false in any material particular; or
b: to a fine not exceeding $5,000 in any other case, unless the candidate proves that—
i: he or she had no intention to misstate or conceal the facts; and
ii: he or she took all reasonable steps in the circumstances to ensure the information in the return was accurate. Section 112D inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112E: Obligation to retain records necessary to verify return
1: A candidate must take all reasonable steps to retain all records, documents, and accounts that are necessary to enable a return under section 112A
2: The records, documents, and accounts must be retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or to any matter to which the return relates.
3: A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. 1993 No 87 s 209C Section 112E inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
112F: Return of electoral donations and expenses to be open for public inspection
1: The electoral officer must keep every return filed under section 112A public inspection period
2: During the public inspection period the electoral officer must—
a: publish, electronically or in any other manner the electoral officer considers appropriate, every return filed under section 112A
b: make available for public inspection a copy of every return filed under section 112A
c: provide to any person upon request a copy of 1 or more returns filed under section 112A Local Government Official Information and Meetings Act 1987 Section 112F inserted 29 June 2013 section 35 Local Electoral Amendment Act 2013
5A: Electoral advertising
Part 5A heading inserted 29 June 2013 section 36 Local Electoral Amendment Act 2013
113: Advertisements for candidates
1: No person may publish or cause to be published in any newspaper, 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
b: the advertisement contains a statement setting out the true name and contact details of the person or persons for whom or at whose direction it is published.
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 ratepayers in the community or district in which the advertisement is published; and
b: the advertisement contains a statement setting out—
i: the true name and contact details of the person or persons for whom or at whose direction it is published; and
ii: 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.
5: This section does not restrict the publication of any news or comments relating to an election in a newspaper or other periodical, or on the Internet, or in any other medium of electronic communication accessible by the public, or in a radio or television broadcast made by a broadcaster within the meaning of section 2
6: A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.
7: In this section, contact details
a: a residential or business address:
b: an email address:
c: a post office box number:
d: a phone number:
e: a link to a page on an Internet site, if the page contains 1 or more of the contact details specified in paragraphs (a) to (d). 1993 No 87 s 221 section 113(2)﻿(b) replaced 1 July 2022 section 4(1) Local Electoral (Advertising) Amendment Act 2022 section 113(4)﻿(b)﻿(i) replaced 1 July 2022 section 4(2) Local Electoral (Advertising) Amendment Act 2022 Section 113(6) inserted 29 June 2013 section 37 Local Electoral Amendment Act 2013 section 113(7) inserted 1 July 2022 section 4(3) Local Electoral (Advertising) Amendment Act 2022
114: Use of public money
Sections 111 112 1993 No 87 s 213(5)
6: Term of elected members and extraordinary vacancies
Term of membership of elected members
115: When members come into office
1: A candidate who is declared to be elected comes into office on the day after the day on which the official result of the election is declared by public notice under section 86
2:
3: A person appointed to fill an extraordinary vacancy comes into office at the time of his or her appointment. Section 115(1) replaced 21 March 2019 section 10 Local Government Regulatory Systems Amendment Act 2019 Section 115(2) repealed 29 June 2013 section 38 Local Electoral Amendment Act 2013
116: When members leave office
1: Every member of a local authority or local board or
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:
b: in a case where provision is made by any enactment to fill a vacancy by appointment, when the member's successor comes into office.
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(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 116(2) added 25 December 2002 section 37 Local Electoral Amendment Act 2002 Filling of extraordinary vacancies
117: Extraordinary vacancy in local authority or
local board or
1: If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or
2: If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or chief executive local board or
3: On receiving notice under subsection (2), the local authority or local board or meeting (other than an extraordinary meeting) meeting (other than an extraordinary meeting)
a: that the vacancy will be filled by the appointment by the local authority or local board or
b: that the vacancy is not to be filled.
4: If for any reason the person specified in the resolution is unavailable, or otherwise unable to be notified of the appointment, a further vacancy occurs in that office.
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 appointment of one of the other members of the local authority as mayor.
6: 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
b: the vacancy in the office of a member is an extraordinary vacancy and this section and sections 118 to 120 Section 117 heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117(2) amended 25 December 2002 section 38 Local Electoral Amendment Act 2002 Section 117(3) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117(3) amended 7 July 2004 section 15 Local Electoral Amendment Act 2004 Section 117(3)﻿(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
117A: Power to fill by appointment extraordinary vacancy in
local board or If a local authority, despite complying with section 120 local board or section 117(1) local board or local board or Section 117A inserted 25 December 2002 section 39 Local Electoral Amendment Act 2002 Section 117A heading amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 117A amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
118: Notice of intention to fill vacancy by appointment
1: If, under section 117(3)﻿(a) or section 117A local board or local board or
a: the resolution; and
b: the process or criteria by which the person named in the resolution was selected for appointment.
2: The local authority or local board or
3: For the purposes of subsection (2), the expiry of the prescribed period
4: If for any reason the person specified in the resolution is unavailable or otherwise unable to be confirmed in the appointment, a further vacancy occurs in that office. Section 118(1) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 118(1) amended 25 December 2002 section 40 Local Electoral Amendment Act 2002 Section 118(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
119: Notice of intention to leave vacancy unfilled
If, under section 117(3)﻿(b) local board or Section 119 amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
120: Election to fill extraordinary vacancy
1: If an extraordinary vacancy is to be filled by an election,—
a: the chief executive
b: the election must be held not later than 89 days
2: If an election is to be held under subsection (1), an election must be held at the same time to fill every extraordinary vacancy on the local authority or local board or
a: that is unfilled at the time the extraordinary vacancy occurred; or
b: that is created after the extraordinary vacancy occurred and before the election commences.
3: If the electoral officer receives notice of an extraordinary vacancy to which subsection (2)﻿(b) refers before the commencement 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 vacancies; and
b: give fresh notice appointing the polling day for an election to fill all the vacancies.
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. Section 120(1)﻿(a) amended 25 December 2002 section 41 Local Electoral Amendment Act 2002 Section 120(1)﻿(b) amended 26 March 2015 section 10 Local Electoral Amendment Act 2015 Section 120(2) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014
120A: Change of voting period for election to fill extraordinary vacancy in Ōtorohanga District Council during COVID-19 restricted movement period
Section 120A repealed 20 October 2022 section 120C(1)
120B: Modification to section 120 if new extraordinary vacancy to be filled by election while epidemic notice in force for COVID-19
Section 120B repealed 20 October 2022 section 120C(1)
120C: Repeal
2022-10-20 Local Electoral Act 2001 Sections 120A, 120B and 120C are repealed: when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 120C repealed 20 October 2022 section 120C(1)
7: Offences
121: Illegal nomination, etc
Every person commits an offence, and is liable on
a: consents to being nominated as a candidate for an elective office knowing that he or she is incapable under any Act of holding that office; or
b: signs a nomination paper purporting to nominate as a candidate a person who is, to the knowledge of the person signing, incapable under any Act of holding that office; or
c: signs a nomination paper purporting to nominate another 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. 1976 No 144 s 53 Section 121 amended 1 July 2013 section 413 Criminal Procedure Act 2011
122: Interfering with or influencing voters
1: Every person commits an offence, and is liable on
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:
b: prints, publishes, distributes, or delivers to any person (using any medium or means of communication) a document, paper, notice, or message, being or purporting 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 direction or indication as to the candidate or candidates for whom any person should vote:
ii: in the case of a poll, includes a statement or indication as to how any person should vote:
iii: in any way contains or suggests any such direction or indication or other matter likely to influence how any person votes:
c: 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 accompany 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
b: nothing else.
3: Nothing in this section applies to—
a: any official statement or announcement made or exhibited under the authority of this Act or regulations made under this Act; or
b: any candidate profile statement, published, displayed, or distributed under the authority of this Act or regulations made under this Act. 1976 No 144 s 54 Section 122(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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:
b: 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:
c: forges, counterfeits, fraudulently marks, defaces, or fraudulently destroys any voting document, or other official document used at an election or poll, or the official mark on that document:
d: supplies, without authority, a voting document to any person:
e: 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:
f: intentionally destroys, opens, or otherwise interferes with any ballot box or box or parcel of voting documents without authority.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an electoral officer or other electoral official, to imprisonment for a term not exceeding 2 years:
b: in the case of any other person, to imprisonment for a term not exceeding 6 months. 1976 No 144 s 56(1)–(3) Section 123(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
124: Voting offences
Every person commits an offence, and is liable on conviction
a: votes or applies to vote more than once at the same election or poll; or
b: without authority, removes, deletes, or otherwise interferes with any voting document, or other record of a vote that has been cast. 1976 No 144 s 56(4) Section 124 amended 1 July 2013 section 413 Criminal Procedure Act 2011
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
b: 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
c: corruptly does any act referred to in paragraph (a) or paragraph (b) on account of an elector having voted or refrained from voting; or
d: makes any gift, loan, offer, promise, or agreement referred 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
e: 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
f: 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
g: 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.
2: An elector commits the offence of bribery if,—
a: 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 voting:
b: 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.
3: Every person who commits the offence of bribery is liable on conviction 1976 No 144 s 57 Section 125(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
126: Treating
1: Every person commits the offence of treating who corruptly, before, during, or after an election or poll, and directly or indirectly, 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
b: for the purpose of obtaining his or her election; or
c: on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.
2: Every holder of a licence under the Sale and Supply of Alcohol Act 2012
a: to any person, if the supply is demanded for 1 or more of the purposes specified in subsection (1); or
b: 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.
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 refreshments after any meeting relating to an election or poll does not constitute the offence of treating.
5: Every person who commits the offence of treating is liable on conviction 1976 No 144 s 58 Section 126(2) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 126(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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—
i: in order to induce or compel that person to vote or refrain from voting:
ii: on account of that person having voted or refrained from voting:
b: who, by abduction, duress, or any fraudulent device or means,—
i: impedes or prevents the free exercise of the vote of any elector:
ii: 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 1976 No 144 s 59 1997 No 13 s 59 Section 127(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
128: Personation
1: 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:
b: having voted, votes again at the same election or poll:
c: having returned a voting document, applies for or returns another voting document with the intention of returning an additional valid voting document or invalidating 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 1976 No 144 s 60 1997 No 13 s 60 Section 128(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
129: Infringement of secrecy
1: 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 purpose authorised by law, any information likely to compromise the secrecy of the voting.
2: No person, except as provided by this Act or regulations made under this Act, may—
a: interfere with or attempt to interfere with a voter when marking or recording his or her vote; or
b: 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
c: 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
ii: any number on a voting document marked or transmitted by the voter.
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 obtained 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 display or provide access to his or her voting document or any copy of that document after it has been marked or transmitted, so as to make known to any person the name of any candidate for or against whom, or proposal for or against which, the voter has voted.
5: Every person commits an offence who contravenes or fails to comply with this section.
6: Every person who commits an offence against subsection (5) is liable on 1976 No 144 s 62 Section 129(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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
b: before the close of voting, makes known the state of the election or poll or gives or pretends to give any information by which the state of the election or poll may be known.
2: Subsection (1)﻿(b) does not prevent an electoral officer from disclosing the total number of voting documents so far returned 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
a: not exceeding $5,000 for an electoral officer or deputy electoral officer:
b: not exceeding $2,000 for any other person. 1976 No 144 s 63 Section 130(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
131: Penalty for electoral officer, deputy electoral officer, and other electoral officials
Every electoral officer, deputy electoral officer, or other electoral official commits an offence, and is liable on 1976 No 144 s 64 Section 131 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Electoral expenses Heading repealed 29 June 2013 section 39 Local Electoral Amendment Act 2013
132: Payments in breach of section 105
Section 132 repealed 29 June 2013 section 39 Local Electoral Amendment Act 2013
133: Failure to transmit return
Section 133 repealed 29 June 2013 section 40 Local Electoral Amendment Act 2013
134: False return
Section 134 repealed 29 June 2013 section 40 Local Electoral Amendment Act 2013
135: Unauthorised advertisements
Section 135 repealed 29 June 2013 section 40 Local Electoral Amendment Act 2013
136: Excessive expenditure
Section 136 repealed 29 June 2013 section 40 Local Electoral Amendment Act 2013 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, instruments, 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. 1976 No 144 s 61
138: Duty to take action in respect of offences
1: Subsection (2) applies if an electoral officer—
a: receives a written complaint that an offence has been committed under—
i: Part 5
ii: Part 5A
iii: this Part; or
b: believes for any other reason that an offence has been committed under either of the Parts specified in paragraph (a).
2: If this subsection applies, the electoral officer must—
a: report the complaint or belief to the Police; and
b: provide the Police with the details of any inquiries that he or she considers may be relevant.
3: Subsection (2) does not prevent any person from reporting an alleged offence to the Police.
4: Despite subsection (2), an electoral officer is not required to report the failure by a candidate to file a return under section 112A Section 138 replaced 29 June 2013 section 41 Local Electoral Amendment Act 2013 Section 138(1)﻿(a)﻿(ii) replaced 5 December 2013 section 4 Local Electoral Amendment Act (No 2) 2013 Section 138(1)﻿(a)﻿(iii) inserted 5 December 2013 section 4 Local Electoral Amendment Act (No 2) 2013
138AA: Time limit for prosecutions
1: A prosecution under section 112C
2: A prosecution under section 103K 112D
a: within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but
b: not later than 3 years after the offence was committed. Section 138AA inserted 29 June 2013 section 41 Local Electoral Amendment Act 2013
8: Miscellaneous provisions
138A: Special provision in relation to certain elections to fill extraordinary vacancies and certain polls
1: Despite section 33(3) section 120(1)
a: if an electoral officer receives a notice under section 30(4) section 31(3) section 120(1)﻿(a) section 33 17 February
b: if an electoral officer receives a notice under section 30(4) section 31(3) section 120(1)﻿(a) section 33 14 March
c: if an electoral officer receives a notice under section 30(4) section 31(3) section 120(1)﻿(a) section 33 11 April
2: In any case to which paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) applies, the requirements of this Act apply as if the notice referred to in the paragraph had been received by the electoral officer on the last day of the period specified in that paragraph. 1976 No 144 s 50(1) Section 138A inserted 25 December 2002 section 44 Local Electoral Amendment Act 2002 Section 138A(1) amended 2 March 2021 section 8(a) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)﻿(a) amended 2 March 2021 section 8(b) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)﻿(a) amended 2 March 2021 section 8(c) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)﻿(a) amended 26 March 2015 section 11(1) Local Electoral Amendment Act 2015 Section 138A(1)﻿(b) amended 2 March 2021 section 8(b) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)﻿(b) amended 2 March 2021 section 8(c) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)﻿(b) amended 26 March 2015 section 11(2) Local Electoral Amendment Act 2015 Section 138A(1)﻿(c) amended 2 March 2021 section 8(b) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)﻿(c) amended 2 March 2021 section 8(c) Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 Section 138A(1)﻿(c) amended 26 March 2015 section 11(3) Local Electoral Amendment Act 2015
139: Regulations
1: The Governor-General may, by Order in Council, make regulations—
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:
b: 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 operation of that system:
c: authorising the use of 1 or more voting methods in elections and polls, or any specified class of election or poll, or any specified election or poll (or, for the purpose of conducting a trial of a voting method, by a specified class of elector or by all electors in any specified class of election or poll or in any specified election or poll)
d: prescribing conditions, standards, performance measures, procedures, and forms for the operation of special voting:
e: authorising the use of special procedures for the casting of votes by any specified class of person, including (without limitation) persons with specified disabilities, and persons living or travelling overseas or living in remote locations:
f: prescribing standards, performance measures, procedures, 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 regulating the use of electoral rolls generally:
g: 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:
h: prescribing standards, performance measures, procedures, and forms for the conduct of elections or polls, or any specified class of election or poll, or any specified election or poll, and regulating the conduct of those elections or polls:
ha: prescribing the amount for each elector for the purposes of section 111(1A)﻿(a)
i: 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:
j: 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:
k: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act:
l: prescribing penalties for offences against regulations made under this Act, not exceeding a fine of $2,000:
la: regulating (in any way that is not inconsistent with Part 1A Schedule 1A
m: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations may not be made under subsection (1)﻿(c) authorising 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
3: 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.
4: Regulations under this section are secondary legislation ( see Part 3 1976 No 144 s 123 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 139(1)﻿(c) amended 9 April 2019 section 11 Local Electoral Matters Act 2019 Section 139(1)﻿(ha) inserted 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Section 139(1)﻿(la) inserted 25 December 2002 section 45 Local Electoral Amendment Act 2002 Section 139(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
140: Powers and duties of electoral officers
Regulations made under section 139(1)﻿(a)
a: 2 or more electoral officers to undertake specified duties or exercise specified powers in relation to the same election or poll:
b: 1 or more electoral officers to issue directions to other electoral officers in relation to a specified class of election or poll, or any specified election or poll:
c: 1 or more electoral officers to exercise, in relation to a specified class of election or poll or any specified election or poll some, but not all, of the powers given to electoral officers by this Act or regulations made under this Act.
140A: Electoral systems
Regulations made under section 139(1)﻿(b)
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 authorising more than 1 counting program or authorising a class of counting programs to be used for that purpose:
ab: for the purposes of assisting programmers and certifiers to perform the duties imposed by sections 19AA 19AB
b: regulating the certification of 1 or more counting programs or any class of counting programs for the purpose of implementing the New Zealand method of counting single transferable votes:
c: regulating the operating environment in which any counting program can be used for the purpose of implementing the New Zealand method of counting single transferable votes:
d: regulating the way in which any other computer program can be used for the purposes of an election or poll under this Act:
e: imposing conditions or restrictions in relation to the use of any such counting program or other computer program for the purposes of an election or poll under this Act. Section 140A inserted 25 December 2002 section 46 Local Electoral Amendment Act 2002 Section 140A(ab) inserted 7 July 2004 section 16 Local Electoral Amendment Act 2004
141: Voting methods
1: Regulations made under section 139(1)﻿(c)
a: that are conducted—
i: at the same or similar times; or
ii: in the same or in similar local government areas; or
iii: by the same electoral officer:
b: using the same or different electoral systems.
2: Regulations made under section 139(1)﻿(c)
a: a local government area or subdivision in which the specified class of electors is eligible to vote; or
b: any other characteristic that makes a voting method suitable for the specified class of electors (for example, in relation to an electronic method of voting, the members of the specified class may reside overseas or in remote locations, or have a relevant disability).
3: If regulations made under section 139(1)﻿(c)
a: the regulations must also prescribe—
i: measures to prevent unauthorised access to, or use of, electors’ date of birth information; and
ii: the manner in which documents or records containing electors’ date of birth information must be secured after the completion of the count (in accordance with section 89(1)
b: any document or record containing an elector’s date of birth must be treated as specified material for the purpose of section 89(5) Section 141(2) inserted 9 April 2019 section 12 Local Electoral Matters Act 2019 Section 141(3) inserted 9 April 2019 section 12 Local Electoral Matters Act 2019
142: Electoral rolls
1: Regulations made under section 139(1)﻿(f)
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 local board areas or
b: requirements for residential electors or ratepayer electors, or any class of residential elector or ratepayer elector, to complete and deliver specified information (whether as a condition of enrolment or otherwise):
c: requirements for the Electoral Commission
d: requirements concerning the procedures for enrolment of ratepayer electors:
e: provisions regulating the method and form of nomination of ratepayer electors for enrolment by organisations, bodies, societies or associations, or other persons (whether corporate or unincorporate):
f: 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.
2: Despite subsection (1) and section 139(1)﻿(f) Section 142(1)﻿(a) amended 8 August 2014 section 76 Local Government Act 2002 Amendment Act 2014 Section 142(1)﻿(c) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 142(1)﻿(c) amended 1 July 2012 section 58(12) Electoral (Administration) Amendment Act 2011 Section 142(2) inserted 9 April 2019 section 13 Local Electoral Matters Act 2019
143: Conduct of elections and polls
1: Regulations made under section 139(1)﻿(h)
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:
ii: varying the method of conducting polls prescribed in this Act if the poll is conducted under section 18 section 19
b: provisions regulating—
i: the nomination of candidates:
ii: candidate profile statements:
iii: the issuing, handling, and processing of voting documents and other official documents:
iv: the management of official places:
v: communication between voters and other persons:
vi: procedures for voting:
vii: the handling of spoilt voting documents:
viii: procedures after the close of voting:
ix: the scrutiny of the electoral roll:
x: the conduct of the
xi: the declaration of the result of the election or poll:
c: 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)
a: each electoral system:
b: each voting method:
c: ordinary and special voting respectively:
d: elections and polls respectively:
e: different classes of elections and polls. Section 143(1)﻿(b)﻿(x) amended 7 July 2004 section 17 Local Electoral Amendment Act 2004
144: Transitional regulations
Section 144 repealed 1 July 2002 section 145
145: Expiry of section 144
Section 144
146: Regulations having effect under this Act
1: The Local Government (Electoral) Regulations 1992 (SR 1992/62)
2: The regulations specified in subsection (1) may be amended from time to time under the corresponding empowering provision (if any) in this Act or (if there is no corresponding provision in this Act), as if this section contained the relevant empowering provision (as it read immediately before the commencement of this section).
147: Cost of elections and polls
1: 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 expenses incurred by or on behalf of candidates) must be paid by the local authority.
2: 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.
4: The decision of the Auditor-General under subsection (3) is final and binding on the local authorities concerned.
5: Nothing in this section limits the provisions of any other Act. 1976 No 144 s 118
148: Validation of irregularities
1: The Governor-General may, by Order in Council published in the Gazette
a: anything is omitted to be done at the time required by or under this Act or any regulations made under this Act; or
b: anything cannot be done at the time required by or under this Act or any regulations made under this Act; or
c: anything is done before or after the time required by or under this Act or any regulations made under this Act; or
d: anything is otherwise irregularly done in matter of form; or
e: 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
b: to validate anything done before or after the time required; or
c: to validate anything irregularly done in matter of form; or
d: to make such other provision for the case as he or she thinks fit. 1976 No 144 s 122 1997 No 53 s 63
149: Amendments to section 101ZQ of Local Government Act 1974
Section 149 repealed 25 December 2002 section 53(c) Local Electoral Amendment Act 2002
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
152: Repeals and revocations
1: The enactments set out in Part 1
2: The regulations set out in Part 2
153: Transitional provisions relating to electoral systems
Sections 27 to 35 , and any election to fill an extraordinary vacancy held before the triennial general election in October 2004, Section 153 amended 25 December 2002 section 47 Local Electoral Amendment Act 2002
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, without further appointment, the electoral officer for that local authority.
2: Despite section 14(2)
155: Transitional provisions relating to electoral rolls
Sections 38 to 51
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
b: the residential electoral roll required by section 7BA of that Act section 7BB of that Act
2: 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 Local Government Act 1974 or, as the case requires, section 23
b: section 7BB of the Local Elections and Polls Act 1976 Local Government Act 1974 or, as the case requires, section 24
c: section 7BE of the Local Elections and Polls Act 1976 Local Government Act 1974 or, as the case requires, section 24 of the Local Electoral Act 2001
d: section 7BF of the Local Elections and Polls Act 1976 Local Government Act 1974 or, as the case requires, section 24 of the Local Electoral Act 2001
3: For the purposes of the triennial general election and any poll to be held on 13 October 2001, section 7H of the Local Elections and Polls Act 1976
a: for the words before the 18th day before polling day before 14 September 2001
b: for the words on the 18th day before polling day on 14 September 2001
4: For the purposes of the triennial general election and any poll to be held on 13 October 2001, section 111 of the Local Elections and Polls Act 1976
a: for the words sections 22 107 section 70
b: for the words 4 o'clock in the afternoon of the 43rd day 4 o'clock in the afternoon of 31 August 2001
c: for the words paragraph (b) or paragraph (c) of section 37 of this Act section 20(2) section 21
5: 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 sections 7B to 7K of the Local Elections and Polls Act 1976
6: 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: sections 75 to 77
b: sections 25 and 25A of the Local Elections and Polls Act 1976
i: as if every reference to a voting paper voting papers voting document voting documents
ii: with any modifications specified in regulations made under this Act; and
iii: with any other necessary modifications.