Local Electoral Act 2001

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

19Y: When determinations take effect

You could also call this:

"When election decisions are made and become official"

Illustration for Local Electoral Act 2001

When a territorial authority or regional council makes a decision about election arrangements, it becomes official if no one objects. You can find more information about this in section 19M and section 19N(1). The decision is used for the next election and stays in place until a new decision is made. If a decision is made, the territorial authority or regional council must tell the public about it. They must also send a copy of the notice to certain people, including the Commission, the Surveyor-General, and the Government Statistician. You can find more information about this process in section 19S(1). For the election arrangements to be official, the Surveyor-General must certify that the boundaries of each area are clear. If the description of an area is defective, it can be amended if the Surveyor-General agrees. The territorial authority or regional council must pay for the costs of getting the certificate. The Commission's decisions about election arrangements come into effect at the next election. A copy of the decision must be kept at the office of the territorial authority or regional council and be available for anyone to see.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM93912.


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19X: Certificate of Government Statistician, or

"A certificate about an area's population from the Government Statistician"


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19Z: Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies, or

"Councils can decide to create Māori wards or areas for election purposes"

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

19YWhen determinations take effect

  1. If there are no submissions on the proposal publicly notified under section 19M by a territorial authority or regional council, or if there are no appeals against, or objections to, a resolution publicly notified under section 19N(1) by a territorial authority or a regional council, the proposal or amended proposal, as the case may be, becomes the basis for election at the next triennial general election of the territorial authority or regional council or local board or community board, and continues in effect until a subsequent determination under this Part comes into effect, and the territorial authority or regional council must give public notice accordingly of that basis for election.

  2. As soon as practicable after the publication of a public notice under subsection (1), the territorial authority or regional council by which that notice was given must—

  3. send a copy of that notice to—
    1. the Commission; and
      1. the Surveyor-General; and
        1. the Government Statistician; and
          1. the Remuneration Authority; and
            1. the Secretary for Local Government; and
            2. if that notice was given by a territorial authority, send a copy of that notice to any regional council for a region in which the district of the territorial authority or a part of that district is situated; and
              1. if that notice was given by a regional council, send a copy of that notice to every territorial authority whose district or a part of whose district is within the region.
                1. If a territorial authority or a regional council has, under subsection (1), or the Commission has, under section 19S(1), given public notice of the basis of election for the next triennial general election for a territorial authority or regional council or local board or community board, no such basis has effect unless—

                2. a description or plan of each ward or constituency or community or subdivision has been sent to the Surveyor-General; and
                  1. the Surveyor-General, or a person appointed by the Surveyor-General, certifies that the description or plan is sufficient to render the boundaries of each ward or constituency or community or subdivision capable of identification.
                    1. If the description of any ward or constituency or community or subdivision to which subsection (3) applies is defective, but the Surveyor-General, or a person appointed by the Surveyor-General, certifies that it can be amended and the defect overcome without making any change in what was evidently intended to be the area comprised in the description, the description—

                    2. may be so amended by resolution; and
                      1. if so amended, has effect as if the provisions of subsection (3) had been complied with.
                        1. The territorial authority or regional council must reimburse the Commission for any costs incurred by the Commission in obtaining the certificate required by subsection (3) or must meet the cost of the production of that certificate if required to do so by the Surveyor-General.

                        2. The following provisions apply to every determination of the Commission under this section:

                        3. it is to come into force at the next triennial general election, except so far as may be necessary to provide for that election; and
                          1. a copy must be kept at the office of the territorial authority or regional council, and must be available for inspection without fee by any person during normal office hours.
                            Compare
                            Notes
                            • Section 19Y: inserted, on , by section 6 of the Local Electoral Amendment Act 2002 (2002 No 85).
                            • Section 19Y(1): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                            • Section 19Y(2)(a)(iv): amended, on , by section 14 of the Local Electoral Amendment Act 2013 (2013 No 40).
                            • Section 19Y(3): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).