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Local Electoral Act 2001

Preliminary provisions

9: Holding of referendum

You could also call this:

"What is a referendum and how does it work in your local area?"

Illustration for Local Electoral Act 2001

You can have a referendum on things like services or policies that affect your local area. A local authority can decide to have a referendum on these things. They must decide who gets to vote in the referendum. You can have more than one referendum at the same time. A referendum can be held with another election or poll, or on its own. The result of a referendum is not always binding, meaning the local authority does not have to follow it. But they can choose to follow it if they want to, or if another law says they have to. A local authority can also have a referendum on other things, like dividing a district into Māori wards or Māori constituencies. In this case, the result of the referendum is not binding on the local authority, unless another law says it is, as seen in the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021. The local authority must follow the rules when having a referendum.

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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=DLM93440.

Topics:
Government and voting > ElectionsGovernment and voting > Local councils
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Part 1Preliminary provisions

9Holding of referendum

  1. A local authority may direct the electoral officer to conduct a referendum that is not required to be held under this or any other Act on—

  2. any matter relating to—
    1. the services that are provided or that may be provided by the local authority; or
      1. any policy or intended policy of the local authority; or
      2. any proposal relating to—
        1. the current or future activities or objectives of the local authority; or
          1. the current or future well-being of its local government area.

          2. The local authority—

          3. must determine whether the matter that is the subject of the referendum affects all or part of its local government area; and
            1. must direct the electoral officer to conduct the referendum for all or the appropriate electors of the local government area accordingly.

              1. More than 1 referendum may be conducted at the same time as a consequence of a direction under this section.

              2. A referendum may be conducted as a consequence of a direction under this section in conjunction with any other election or poll, or separately.

              3. A referendum conducted as a consequence of a direction under this section is a poll to which this Act applies.

              4. This section does not prevent a local authority from directing the conduct of a referendum otherwise than under this section on a matter or proposal referred to in subsection (1), if that referendum is conducted separately from any election or poll.

              5. The result of a referendum conducted as a consequence of a direction under this section is not binding on a local authority—

              6. in the case of any matter or proposal relating to the division of any district or region into 1 or more Māori wards or Māori constituencies; or
                1. in any other case, unless the local authority resolves otherwise or an enactment provides otherwise.

                  Notes
                  • Section 9(7): replaced, on , by section 5 of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).