Local Government Act 2002

Powers of Minister to act in relation to local authorities - Ministerial powers of assistance and intervention - Minister may call general election

258M: Minister may call general election

You could also call this:

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

The Minister can call a general election for a local authority by putting a notice in the Gazette. You might wonder why the Minister would do this - it's because they believe the local authority is not working properly. The Minister thinks the local authority is unable or unwilling to do its job, or it's not doing its job well in one or more areas.

The notice must say when the election will be held, and this date can be earlier than the usual date for the next triennial general election, which is determined under section 10 of the Local Electoral Act 2001.

The Minister has to give the local authority a copy of the Gazette notice as soon as possible, and also tell the public about the election and when it will be held. The Local Electoral Act 2001 applies to the election, with some changes if needed, as if it were a triennial general election. However, the electoral officer must give notice of the election under section 52 of the Local Electoral Act 2001 no later than 7 days after the Minister gives notice of 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=DLM4925985.


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Part 10Powers of Minister to act in relation to local authorities
Ministerial powers of assistance and intervention: Minister may call general election

258MMinister may call general election

  1. The Minister may, by notice in the Gazette, call a general election of a local authority if the Minister believes, on reasonable grounds, that the membership of the local authority is such that the local authority is unable or unwilling to perform its functions and duties and exercise its powers or there is a significant or persistent failure by the local authority to do so in respect of 1 or more of those functions, duties, and powers.

  2. The notice must specify the date on which the election is to be held, which, to avoid doubt, may be a date that is earlier than 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.

  3. The Minister must—

  4. give the local authority a copy of the Gazette notice, as soon as practicable after its publication; and
    1. give public notice of the calling of the election and the date on which the election is to be held.
      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 (4), the electoral officer responsible for the election must give notice of the election under section 52 of the Local Electoral Act 2001 no later than 7 days after the Minister gives notice of the election under subsection (1).

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