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Local Electoral Act 2001

Representation arrangements for elections of territorial authorities, regional councils, local boards, and community boards

19JB: Minor alterations to boundaries by regional council

You could also call this:

"Regional councils can make small changes to area boundaries in a fair and public way"

Illustration for Local Electoral Act 2001

You can help decide the boundaries of areas in your region. A regional council can change these boundaries if they need to. They must make sure the changes are small and fair. You have the right to know about these changes. The regional council must tell the public about their plans. They must also follow certain rules, like making sure meetings are open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987. The regional council sends their plans to a group called the Commission. The Commission checks the plans to make sure they are fair. They can ask questions and get more information if they need to. The Commission must make a decision before a certain date. If they agree with the plans, the new boundaries can be used. There are some rules about when a regional council can make these changes. They cannot make changes if they have already made some recently or if they are required to make other changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5313926.

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Part 1ARepresentation arrangements for elections of territorial authorities, regional councils, local boards, and community boards

19JBMinor alterations to boundaries by regional council

  1. A regional council may, in accordance with this section, determine by resolution new proposed boundaries of constituencies of the region of the regional council.

  2. The regional council must be satisfied that,—

  3. since the existing boundaries of the constituencies took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and
    1. the proposed boundaries of the constituencies constitute only minor alterations to the existing boundaries; and
      1. the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and
        1. so far as is practicable, the proposed boundaries of the constituencies coincide with the boundaries of allotments; and
          1. so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards.

            1. Every meeting at which the regional council deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987.

            2. The regional council must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the region, and the proposed constituencies, that is held by the regional council and is necessary for the purposes of subsection (6).

            3. However, the regional council must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.

            4. On receiving the reference, the Commission must—

            5. consider the resolution and information forwarded to it; and
              1. determine whether to uphold the proposed boundaries of the constituencies.

                1. For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.

                2. The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).

                3. The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.

                4. Section 19S applies to the Commission's determination as if it were made under section 19R(1)(b), and section 19Y(3) to (6) apply with any necessary modifications.

                5. A regional council must not use this section if the regional council—

                6. is required to make a resolution under section 19I before the next triennial general election; or
                  1. has, since the last triennial general election, made a resolution under section 19I; or
                    1. has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b).

                      Notes
                      • Section 19JB: inserted, on , by section 8 of the Local Electoral Amendment Act 2013 (2013 No 40).