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Local Government Act 2002

Powers of Minister to act in relation to local authorities - Ministerial powers of assistance and intervention - Minister may appoint Commission

258I: Minister may postpone general election when appointing Commission

You could also call this:

“The Minister can delay local elections when a Commission is appointed to run a council”

The Minister can delay the next local authority election when appointing a Commission. This can happen when the Minister appoints the Commission or while the Commission is doing the local authority’s job. The Minister can only do this if the Commission will be working for more than 120 days after the original election date.

If the Minister decides to delay the election, they must tell everyone about it. Before the Commission finishes its work, the Minister must set a new date for the election and announce it in the Gazette, which is an official government publication. They also need to tell the public about the new election.

The new election date must be no more than 7 days before the Commission’s job ends. If there are any special rules about who can vote or be a candidate, the Minister must mention this when announcing the new election.

The election will follow the rules in the Local Electoral Act 2001, just like a regular election. However, the person in charge of running the election (called the electoral officer) must announce the details of the election within 7 days of the Minister’s announcement. If there are any special voting rules, the electoral officer must include this information in their announcement too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925979.

Topics:
Government and voting > Local councils
Government and voting > Elections
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258H: Application of this and other enactments during Commission's term of appointment, or

“How the law works when a Commission takes over a local authority's job”

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258J: Timing of election following postponed election, or

“When to hold the next election if one was delayed”

Part 10 Powers of Minister to act in relation to local authorities
Ministerial powers of assistance and intervention: Minister may appoint Commission

258IMinister may postpone general election when appointing Commission

  1. The Minister may postpone the next triennial general election for members of a local authority—

  2. at the same time as appointing a Commission to a local authority under section 258F; or
    1. at any time during the period in which the Commission is performing the local authority's functions and duties and exercising its powers.

      1. Subsection (1) applies only if the term of the Commission extends more than 120 days beyond the date of that election as determined under section 10 of the Local Electoral Act 2001.

      2. If the Minister acts under subsection (1), he or she must—

      3. give public notice of the postponement; and
        1. before the term of the Commission ends,—
          1. call a general election of the local authority by notice in the Gazette; and
            1. give public notice of the calling of the election.

            2. Each notice given under subsection (3)(b)—

            3. must specify the date on which the election is to be held, which must be no later than 7 days before the date on which the term of the Commission ends; and
              1. if section 258J applies, must include a statement setting out the effect of the Minister's decision under that section.

                1. The Local Electoral Act 2001 applies, with any necessary modifications, to the conduct of an election called by the Minister under this section as if the election were a triennial general election.

                2. Despite subsection (5), the electoral officer responsible for the election must give notice of the election under section 52 of the Local Electoral Act 2001—

                3. no later than 7 days after the Minister gives notice of the election under subsection (3)(b); and
                  1. if section 258J applies, must include a statement in the notice setting out the effect of the Minister's decision under that section.

                    Notes
                    • Section 258I: inserted, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).