Plain language law

New Zealand law explained for everyone

Local Government Act 2002

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

258L: Extraordinary vacancy when Commission appointed or during term of Commission

You could also call this:

"What happens to a local authority job that's empty when a Commission is in charge"

Illustration for Local Government Act 2002

If you are dealing with a local authority and a Commission is appointed, you need to know what happens if there is an extraordinary vacancy. This is a vacancy that happens when someone leaves their position and it needs to be filled. You can find out what an extraordinary vacancy is by looking at clause 5 of Schedule 7.

If the vacancy happens when a Commission is appointed or during the term of the Commission, you do not need to fill it if the Commission's term ends after a certain date. This date could be after a triennial general election for the local authority under section 10 of the Local Electoral Act 2001, or after a general election for the local authority under section 258I or section 258M. In this case, any preparations to fill the vacancy must be stopped.

If the Commission's term does not end after one of these dates, the vacancy must be filled according to sections 117 to 120 of the Local Electoral Act 2001. However, if the vacancy happens more than 90 days before the end of the Commission's term, it is treated as if it happened 90 days before the end of the term.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925983.

Topics:
Government and voting > Local councils
Previous

258K: Local authority members remain in office but must not act during term of Commission, or

"Local authority members keep their jobs but can't work until a Commission finishes or something else changes."

Next

258M: Minister may call general election, or

"The Minister can decide to hold a special election for a local council if they think it's not working properly."

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

258LExtraordinary vacancy when Commission appointed or during term of Commission

  1. This section applies if an extraordinary vacancy (within the meaning of clause 5 of Schedule 7)—

  2. exists at the time a Commission is appointed to a local authority; or
    1. is created during the term that a Commission is appointed to a local authority.

      1. The vacancy is not required to be filled, and any preparations made by any person towards filling the vacancy in accordance with sections 117 to 120 of the Local Electoral Act 2001 must be abandoned, if the Commission's term ends after the date of—

      2. a triennial general election for the local authority under section 10 of the Local Electoral Act 2001; or
        1. a general election for the local authority under section 258I or 258M.

          1. The vacancy must be filled in accordance with sections 117 to 120 of the Local Electoral Act 2001 in any other case except that if the vacancy occurs more than 90 days before the end of the term of the Commission, the vacancy must be treated as if it occurred on the 90th day before that date.

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