Local Electoral Amendment Act 2004

1: Title
1: This Act is the Local Electoral Amendment Act 2004.
2: In this Act, the Local Electoral Act 2001 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 5 First Past the Post section 5A .
2: Section 5 New Zealand method of counting single transferable votes Schedule 1 Schedule 1A of the Local Electoral Regulations 2001
3: Section 5 roll roll of electors Single Transferable Voting section 5B .
4: New
sections 5A 5B The principal Act is amended by inserting, after section 5
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)
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)
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) subparagraphs (iv) and (v)
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)
v: if no candidate is elected under subparagraph (iv) subparagraph (iv)
c: in the case of a poll, has the features specified in paragraphs (a) and (b)
5: Conduct of election or poll in conjunction with other election or poll
Section 18 paragraph (c)
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)
6: New heading and
sections 19AA 19AB The principal Act is amended by inserting, after section 19 Duties of programmers and certifiers
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 of the Local Electoral Regulations 2001
19AB: Duties of certifiers
A counting program may not be used at an election or poll under this Act, for the purpose of implementing the New Zealand method of counting single transferable votes, unless a certifier appointed for the purpose by the Secretary for Local Government has first certified that the program produces outcomes that are consistent with the process specified in Schedule 1A of the Local Electoral Regulations 2001 .
7: Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions
Section 19V(2) other than members elected by the electors of a territorial authority as a whole, if any, and
8: Ratepayer electors
Section 24(1)
a: from paragraph (a) rateable property rating unit
b: from paragraph (b)
i: the word property a rating unit
ii: the word occupied owned
9: Public notice of procedures for enrolment as ratepayer on electoral roll
Section 39(1)(b) at least 1 rates assessment delivered by the local the rates assessment or at least 1 rates invoice delivered by the territorial
10: Candidacy for ward and membership at large prohibited
Section 57B subsection (2)
2: Subsection (1)
a: as a member in a ward; and
b: as mayor of the territorial authority of which that ward forms part.
11: Early processing of votes
1: Section 79(1) territorial local
2: Section 79
4: For the purposes of this section, local authority means—
a: a territorial authority; and
b: a local authority that undertakes the processing of votes for the election to which a resolution under subsection (1) or subsection (2)
12: Scrutiny of roll
Section 83(1) or after
13: Declaration of result
Section 86(a)
14: Electoral records
Section 89(1) official
15: Extraordinary vacancy in local authority or community board
Section 117(3) ordinary meeting meeting (other than an extraordinary meeting)
16: Electoral systems
Section 140A paragraph (a)
ab: for the purposes of assisting programmers and certifiers to perform the duties imposed by sections 19AA and 19AB .
17: Conduct of elections and polls
Section 143(1)(b)(x) official
18: Schedule 1 Schedule 1
19: Consequential amendments to
Local Electoral Regulations 2001
1: In this section, the Local Electoral Regulations 2001 principal regulations
2: Regulation 4(1)
a: from the definition of First Past the Post electoral system regulation 5 section 5A of the Act
b: from the definition of Single Transferable Voting electoral system regulation 5A section 5B of the Act
3: Regulations 5 5A 90A
4: Regulation 65(1) the voting documents have been counted for a second time making the determination specified in regulation 58(3)
5: Regulation 83(1) the voting documents have been counted for a second time making the determination specified in regulation 79(3)
6: Regulation 91 paragraph (b) informal voting document any recognisable preference for any candidate the voter's unique first preference
7: Clause 1
8: Clause 37(b) a preference (other than a first preference)