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Local Electoral Act 2001

Local elections and polls - Electoral systems for elections

30: Requirements for valid demand

You could also call this:

"What you need to do to make a valid demand to your local council"

Illustration for Local Electoral Act 2001

To make a valid demand, you must sign a written notice. You must deliver this notice to the local authority's main office. The notice must be signed by a certain number of electors. When you sign a demand, you can only be counted if your name is on the electoral roll. This roll is a list of people who can vote in the local authority's elections. If your name is not on the roll, you might still be able to sign the demand. You can do this if your name is on a parliamentary electoral roll or if you are a ratepayer elector. If you sign a demand, you must write your name and address on it. The address must be the one that qualifies you to vote in the local authority's elections. If a valid demand is made after a certain date, the poll must be held after another date. The poll will then be used for the next two elections. The local authority's chief executive must tell the electoral officer about any valid demands. This must be done within two working days of receiving the demand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM93985.

Topics:
Government and voting > Local councilsGovernment and voting > Elections
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29: Electors may demand poll, or

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Part 2Local elections and polls
Electoral systems for elections

30Requirements for valid demand

  1. A demand must be made by notice in writing—

  2. signed by a specified number of electors; and
    1. delivered to the principal office of the local authority.

      1. An elector may sign a demand and be treated as one of the specified number of electors only if—

      2. the name of that elector appears,—
        1. in the case of a territorial authority, on the electoral roll of the territorial authority; and
          1. in the case of any other local authority, on the electoral roll of any territorial authority or other local authority as the name of a person eligible to vote in an election of that local authority; or
          2. in a case where the name of an elector does not appear on a roll in accordance with paragraph (a),—
            1. the name of the elector is included on the most recently published electoral roll for any electoral district under the Electoral Act 1993 or is currently the subject of a direction by the Electoral Commission under section 115 of that Act (which relates to unpublished names); and
              1. the address for which the elector is registered as a parliamentary elector is within the local government area of the local authority; or
              2. the address given by the elector who signed the demand is—
                1. confirmed by the Electoral Commission as the address at which the elector is registered as a parliamentary elector; and
                  1. within the district of the local authority; or
                  2. the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the local authority.

                    1. Every elector who signs a demand must state, against his or her signature,—

                    2. the elector's name; and
                      1. the address for which the person is qualified as an elector of the local authority.

                        1. If a valid demand is received after 11 December in the year that is 2 years before the next triennial general election, the poll required by the demand—

                        2. must be held after 28 March in the year before that election; and
                          1. has effect in accordance with section 34(2) (which provides that the poll has effect for the purposes of the next but one triennial general election of the local authority and the subsequent triennial general election).

                            1. The chief executive of the local authority must, within 2 working days after receiving it, give notice to the electoral officer of every valid demand for a poll made in accordance with section 29 and this section.

                            2. This section is subject to section 32.

                            Notes
                            • Section 30(1)(b): substituted, on , by section 12(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
                            • Section 30(2)(b)(i): amended, on , by section 58(5) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
                            • Section 30(2)(c)(i): amended, on , by section 114 of the Electoral Amendment Act 2017 (2017 No 9).
                            • Section 30(3A): inserted, on , by section 12(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
                            • Section 30(3A): amended, on , by section 25(1) of the Local Government Electoral Legislation Act 2023 (2023 No 57).
                            • Section 30(3A)(a): amended, on , by section 9 of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).
                            • Section 30(3A)(a): amended, on , by section 25(2) of the Local Government Electoral Legislation Act 2023 (2023 No 57).
                            • Section 30(4): amended, on , by section 25(3) of the Local Government Electoral Legislation Act 2023 (2023 No 57).
                            • Section 30(4): amended, on , by section 12(3) of the Local Electoral Amendment Act 2002 (2002 No 85).