Local Government Act 2002

Powers of Minister to act in relation to local authorities - General provisions applying to Ministerial powers conferred under subpart 1

258R: Notice to local authority of proposed general election

You could also call this:

“Minister must tell you before calling a special vote and give you a chance to respond”

If the Minister wants to call a general election, they need to tell you about it first. They will write to you explaining why they think an election is needed. They must give reasons based on the rules in section 258M(1).

The Minister must give you a chance to respond. You will have at least 10 working days to tell the Minister:

  • Why you think the reasons for calling an election aren’t true
  • Why you think the election shouldn’t happen
  • If you think a group of people chosen by the Minister should be appointed instead of having an election

After you respond, the Minister will decide what to do next. They will either:

  • Write to you to say they won’t call the election after all
  • Go ahead with calling the election as described in section 258M(3)

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925991.

Topics:
Government and voting > Local councils
Government and voting > Elections

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Part 10 Powers of Minister to act in relation to local authorities
General provisions applying to Ministerial powers conferred under subpart 1

258RNotice to local authority of proposed general election

  1. Before calling a general election under section 258M, the Minister must—

  2. give the local authority concerned written notice that he or she intends to call the election; and
    1. state in the notice the reasons for the proposed election in terms of section 258M(1); and
      1. give the local authority an opportunity to satisfy the Minister of the following matters, as applicable, by a date specified in the notice, being no earlier than 10 working days after the date on which notice is given to the local authority:
        1. the reasons for calling the election do not exist:
          1. for any reason, the election should not be called:
            1. a Ministerial body should be appointed instead.
            2. The Minister must—

            3. notify the local authority, in writing, if he or she decides not to call the election; or
              1. act under section 258M(3).
                Notes
                • Section 258R: inserted, on , by section 31 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).