Part 10
Powers of Minister to act in relation to local authorities
Ministerial powers of assistance and intervention:
Minister may appoint Commission
258JTiming of election following postponed election
This section applies if—
- the Minister postpones a triennial general election for
members of a local authority under
section 258I; and
- the date on which the postponed election is subsequently
held is less than 3 years before the date of the next
triennial general election for members of the local
authority as determined under
section 10
of the Local Electoral Act 2001 (the
next triennial election).
The Minister must decide whether the election for members of the local authority following the postponed election must be held on the date of—
- the next triennial election; or
- the next subsequent triennial general election as
determined under
section 10
of the Local Electoral Act 2001 (the
second triennial election), in which case subsections (3) to (5) apply.
A general election for members of the local authority must not be held on the date of the next triennial election. Instead, the next general election for members of the local authority must be held on the date of the second triennial election.
A member of the local authority elected at the postponed election holds office until he or she vacates office, in accordance with section 116 of the Local Electoral Act 2001, for the second triennial election.
Subsection (4) applies unless the member sooner vacates his or her office under clause 5 of Schedule 7 of this Act.
Notes
- Section 258J: inserted, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).