Local Electoral Act 2001

Local elections and polls - Electoral systems for elections

31: Local authority may resolve to hold poll

You could also call this:

"Your local council can choose to hold a vote on how to elect local leaders"

Illustration for Local Electoral Act 2001

You can ask your local authority to hold a poll on which electoral system to use. They can decide to hold a poll before 11 December, two years before the next election. The poll is about which system to use for local authority and community board elections. You need to know that the local authority can choose a date for the poll or not. If they choose a date, it cannot be a date that would delay the poll under section 138A. The chief executive must tell the electoral officer about the decision. The local authority must follow certain rules when holding a poll, as stated in section 33(3). This section is also subject to section 32. The chief executive must give notice to the electoral officer at the right time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM93989.


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Part 2Local elections and polls
Electoral systems for elections

31Local authority may resolve to hold poll

  1. A local authority may, no later than 11 December in the year that is 2 years before the year in which the next triennial general election is to be held, resolve that a poll be held on a proposal that a specified electoral system be used for the elections of the local authority and its local boards or community boards (if any).

  2. A resolution may, but need not, specify a date on which the poll is to be held.

  3. The date specified for the holding of a poll must not be a date that would require deferral of the poll under section 138A.

  4. The chief executive of the local authority must give notice to the electoral officer of any resolution under subsection (1),—

  5. if no date for the holding of the poll is specified in the resolution, within 2 working days after the resolution is made:
    1. if a date for the holding of the poll is specified in the resolution, at an appropriate time that enables the poll to be conducted in accordance with section 33(3).
      1. This section is subject to section 32.

      Notes
      • Section 31(1): substituted, on , by section 13(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
      • Section 31(1): amended, on , by section 26(1) of the Local Government Electoral Legislation Act 2023 (2023 No 57).
      • Section 31(1): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
      • Section 31(2): substituted, on , by section 13(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
      • Section 31(2A): inserted, on , by section 13(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
      • Section 31(3): substituted, on , by section 13(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
      • Section 31(3)(a): amended, on , by section 26(2) of the Local Government Electoral Legislation Act 2023 (2023 No 57).