Local Government Act 2002

Specific obligations and restrictions on local authorities and other persons - Obligations and restrictions relating to provision of water services - Closure or transfer of small water services

133: Responsibility for conduct of referendum

You could also call this:

“Who runs a special vote when a small water service might close or move”

You need to know about who is responsible for running a special vote (referendum) when a small water service might close or be transferred. The territorial authority (like a council) that has the most people eligible to vote in the referendum is the one in charge of running it.

The electoral officer of this territorial authority has to make a special list of everyone who can vote. This list is different from the normal voting roll.

When running the referendum, the rules from the Local Electoral Act 2001 must be followed. These rules might need to be changed a bit to fit this specific type of vote.

The rules for who can vote in this referendum are explained in section 132. The decision to have this referendum comes from section 131(2)(d).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172937.

Topics:
Government and voting > Local councils
Government and voting > Elections

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132: Eligibility to vote in referendum, or

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“Rules for deciding when to close a water service”

Part 7 Specific obligations and restrictions on local authorities and other persons
Obligations and restrictions relating to provision of water services: Closure or transfer of small water services

133Responsibility for conduct of referendum

  1. The territorial authority that is responsible for conducting a referendum under section 131(2)(d) is the territorial authority in whose district the majority of persons eligible to vote in that referendum is on the roll of electors of that territorial authority.

  2. The electoral officer of a territorial authority responsible for conducting a referendum under subsection (1) must prepare a special roll of the persons eligible to vote under section 132.

  3. The provisions of the Local Electoral Act 2001 apply, with any necessary modifications, to the conduct of a referendum under section 131(2)(d).