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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 a local election if they put a special group in charge of the local council."

Illustration for Local Government Act 2002

The Minister can postpone the next general election for a local authority when they appoint a Commission. This can happen at the same time as appointing the Commission under section 258F, or at any time while the Commission is doing the local authority's work. You need to know the Commission's term must extend more than 120 days beyond the election date, which is determined under section 10 of the Local Electoral Act 2001. If the Minister postpones the election, they must give public notice and call a new general election before the Commission's term ends, with notice in the Gazette and public notice of the election.

The Minister must give notice of the election date, which must be no later than 7 days before the Commission's term ends. If section 258J applies, the notice must include a statement about the Minister's decision. The Local Electoral Act 2001 applies to the election, but with some changes, and the electoral officer must give notice of the election under section 52 of the Local Electoral Act 2001. This notice must be given no later than 7 days after the Minister's notice, and must include a statement about the Minister's decision if section 258J applies. The Local Electoral Act 2001 has rules for the election.

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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 councilsGovernment 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

"What happens to the election date if a local election is postponed"

Part 10Powers 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).