Local Electoral Act 2001

Local elections and polls - Electoral systems for elections

28: Public notice of right to demand poll on electoral system

You could also call this:

"Noticing Your Right to Vote on How Local Elections Work"

Illustration for Local Electoral Act 2001

You need to know about public notices for electoral system polls. Every local authority must give public notice of the right to demand a poll on the electoral system by 19 September, two years before the next triennial general election. This notice is about the elections of the local authority and its local boards or community boards. You can demand a poll under section 29. If the local authority has passed a resolution under section 27, the notice must include details of that resolution and a statement that a poll is required to countermand it. The notice is important for you to understand your rights. There are some exceptions to this rule. If the local authority has passed a resolution under section 31 and specified a date for the poll, the public notice may not be required. This section is also subject to section 32.

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27: Local authority may resolve to change electoral systems, or

"Councils can change their voting system for local elections"


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29: Electors may demand poll, or

"Voters can ask for a poll on the electoral system used by their local council."

Part 2Local elections and polls
Electoral systems for elections

28Public notice of right to demand poll on electoral system

  1. Every local authority must, not later than 19 September in the year that is 2 years before the year in which the next triennial general election is to be held, give public notice of the right to demand, under section 29, a poll on the electoral system to be used for the elections of the local authority and its local boards or community boards (if any).

  2. If the local authority has passed a resolution under section 27 that takes effect at the next triennial election, every notice under subsection (1) must include—

  3. notice of that resolution; and
    1. a statement that a poll is required to countermand that resolution.
      1. Despite subsections (1) and (2), if, on or before the date referred to in subsection (1), the local authority has passed a resolution under section 31 and has specified a date for the holding of the poll that is on or before 28 March in the year before the next triennial general election, subsection (1) does not apply.

      2. This section is subject to section 32.

      Notes
      • Section 28(1): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
      • Section 28(1): amended, on , by section 10(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
      • Section 28(2): amended, on , by section 10(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
      • Section 28(2A): inserted, on , by section 10(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
      • Section 28(2A): amended, on , by section 8 of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).