Local Electoral Act 2001

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

19R: Commission to determine appeals and objections

You could also call this:

"The Commission listens to appeals and objections, then makes decisions."

Illustration for Local Electoral Act 2001

The Commission has to consider resolutions, submissions, appeals, objections, and information sent to it under section 19Q. You will see the Commission make decisions about certain matters, but only after considering the information. The Commission must follow specific rules when making these decisions, which are outlined in sections 19T and 19V for territorial authorities, and sections 19U and 19V for regional councils. The Commission can ask questions and hold meetings with people who have lodged appeals or objections. You can be heard by the Commission if you have lodged an appeal or objection and want to be heard. The Commission can make enquiries to help it make a decision. The Commission must finish its work by 11 April in the year of a triennial general election. You can expect the Commission to complete its duties on time. The Commission has to make decisions about matters specified in certain sections, such as section 19H, section 19I, section 19J, and section 19JAA.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM93497.


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19Q: Obligation to forward appeals and objections to Commission, or

"Sending appeals and objections to the Commission for review"


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19S: Determination of Commission, or

"The Commission's Decision is Final"

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

19RCommission to determine appeals and objections

  1. The Commission must—

  2. consider the resolutions, submissions, appeals, objections, and information forwarded to it under section 19Q; and
    1. subject to sections 19T and 19V in the case of a territorial authority, and to sections 19U and 19V in the case of a regional council, determine,—
      1. in the case of a territorial authority that has made a resolution under section 19H, the matters specified in that section:
        1. in the case of a regional council that has made a resolution under section 19I, the matters specified in that section:
          1. in the case of a territorial authority that has made a resolution under section 19J, the matters specified in that section:
            1. in the case of a unitary authority that has made a resolution under section 19JAA, the matters specified in that section.
            2. For the purposes of making a determination under subsection (1)(b), the Commission—

            3. may make any enquiries that it considers appropriate; and
              1. may hold, but is not obliged to hold, meetings with the territorial authority or regional council or any persons who have lodged an appeal or objection and have indicated a desire to be heard by the Commission in relation to that appeal or objection.
                1. The Commission must, before 11 April in the year of a triennial general election, complete the duties it is required to carry out under subsection (1).

                Compare
                Notes
                • Section 19R: inserted, on , by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
                • Section 19R(1)(b)(iv): inserted, on , by section 19(3) of the Local Government Electoral Legislation Act 2023 (2023 No 57).