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Local Electoral Act 2001

Conduct of elections and polls - Adjourned elections or polls

73A: Adjournment of electoral processes

You could also call this:

"Changing local election dates in an emergency"

Illustration for Local Electoral Act 2001

The Governor-General can change some dates for local elections. You might be wondering what dates can be changed. These dates include when you can be added to the electoral roll, nomination day, and polling day. The Governor-General can only change these dates if it is necessary because of an emergency. You will be told about any changes to the dates as soon as possible. The Minister must recommend the change and consult with local authorities first. When the Governor-General makes an order to change the dates, it will apply to the local election. The order is a type of law called secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019. The electoral officer will give public notice of the changes and may give other notices as well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5315315.

Topics:
Government and voting > ElectionsGovernment and voting > Emergency management
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Part 3Conduct of elections and polls
Adjourned elections or polls

73AAdjournment of electoral processes

  1. The Governor-General may, by Order in Council made in accordance with this section, specify a later date for 1 or more of the following in respect of a triennial general election of members of 1 or more local authorities, local boards, and community boards:

  2. the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:
    1. the nomination day:
      1. the polling day:
        1. the date by which anything else may or must be done under this Act or regulations made under this Act.

          1. The Order in Council must be made in the year in which the triennial general election is to be held.

          2. A date specified by the Order in Council must be no more than 6 weeks after the date that would otherwise have applied.

          3. A date may be specified by the Order in Council only if the order commences on or before the date that would otherwise have applied.

          4. The Order in Council must be made on the recommendation of the Minister.

          5. Before recommending the making of the Order in Council, the Minister—

          6. must be satisfied, on reasonable grounds, that the order is necessary to ensure that the adverse effects of an emergency (whether local or national) or of anything referred to in section 73(1)(a) to (d) do not deny electors a reasonable opportunity to cast a valid vote, nominate a candidate, or accept nomination as a candidate in relation to the election; and
            1. must have consulted every local authority and electoral officer that will be affected.

              1. Upon the commencement of an Order in Council made under this section,—

              2. a date specified in the order has effect in relation to the triennial general election of members of the 1 or more local authorities, local boards, and community boards to which the order applies; and
                1. this Act and any regulations made under this Act apply to the election with any necessary modifications.

                  1. The electoral officer must, as soon as practicable, give public notice of every change of date made by the Order in Council, and may give any other notice that the electoral officer considers desirable.

                  2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 73A: inserted, on , by section 24 of the Local Electoral Amendment Act 2013 (2013 No 40).
                  • Section 73A(1): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                  • Section 73A(7)(a): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                  • Section 73A(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).