Plain language law

New Zealand law explained for everyone

Local Electoral Act 2001

Local elections and polls - Electoral systems for elections

33: Poll of electors

You could also call this:

"Voting on How Local Elections Are Run"

Illustration for Local Electoral Act 2001

If you are an electoral officer for a local authority and you get a notice under section 30(4) or section 31(3), you must give public notice of the poll as soon as possible. You do this by following the rules in section 52. You will decide which electoral system to use. If you get more than one notice, you might be able to combine the polls. You have to hold the poll within 103 days of getting the notice. At the poll, voters decide which electoral system to use. The poll decides which electoral system will be used for the next election. You choose from the system used last time, a system from a resolution under section 27, or a system from a demand under section 30(4) or a resolution under section 31(3). The electoral system you choose will be used for the next two elections.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM93995.

Topics:
Government and voting > ElectionsGovernment and voting > Local councils
Previous

32: Limitation on change to electoral systems, or

"Rules About Changing How We Vote"

Next

34: Effect of poll, or

"What happens after a poll decides the electoral system"

Part 2Local elections and polls
Electoral systems for elections

33Poll of electors

  1. If the electoral officer for a local authority receives notice under section 30(4) or section 31(3), the electoral officer must, as soon as is practicable after receiving that notice, give public notice of the poll under section 52.

  2. Despite subsection (1), if an electoral officer for a local authority receives 1 or more notices under both sections 30(4) and 31(3), or more than 1 notice under either section, in any period between 2 triennial general elections, the polls required to be taken under each notice may, to the extent that the result of those polls would take effect at the same election, and if it is practicable to combine those polls, be combined.

  3. A poll held under this section must be held not later than 103 days after the date on which—

  4. the notice referred to in subsection (1) is received; or
    1. the last notice referred to in subsection (2) is received.

      1. Subsection (3) is subject to subsection (2), section 30(3A) and section 138A.

      2. Voters at a poll held under this section decide the proposal or proposals that are the subject of the poll by voting for one of the electoral systems named in the voting document or, as the case may require, expressing a preference in respect of each of the electoral systems named in the voting document.

      3. Every poll under this section that is held in conjunction with a triennial general election or held after that election but not later than 28 March in the year immediately before the year in which the next triennial general election is to be held determines whether the electoral system to be used for the next 2 triennial general elections of the local authority and its local boards or community boards (if any) and any associated election is to be—

      4. the electoral system used at the previous general election of the local authority; or
        1. the electoral system specified in any resolution under section 27; or
          1. the electoral system specified in any demand submitted within the appropriate period of which the electoral officer has received notice under section 30(4) and, if notice of more than 1 such demand is received, one of the systems specified in those demands and, if so, which one; or
            1. the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3).

              1. Every poll under this section that is held at some other time determines whether the electoral system to be used at the next but one triennial general election of the local authority and its local boards or community boards (if any) and any associated election is to be—

              2. the electoral system used at the previous general election of the local authority; or
                1. the electoral system specified in any resolution under section 27; or
                  1. the electoral system specified in any demand submitted within the appropriate period of which the electoral officer has received notice under section 30(4) and, if notice of more than 1 such demand is received, one of the systems specified in those demands and, if so, which one; or
                    1. the electoral system specified in any resolution of which the electoral officer has received notice under section 31(3).

                      Notes
                      • Section 33(2): substituted, on , by section 15(1) of the Local Electoral Amendment Act 2002 (2002 No 85).
                      • Section 33(3): amended, on , by section 10(1) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).
                      • Section 33(3A): inserted, on , by section 15(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
                      • Section 33(3B): inserted, on , by section 15(2) of the Local Electoral Amendment Act 2002 (2002 No 85).
                      • Section 33(4): substituted, on , by section 15(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
                      • Section 33(4): amended, on , by section 10(2) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).
                      • Section 33(4): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                      • Section 33(5): added, on , by section 15(3) of the Local Electoral Amendment Act 2002 (2002 No 85).
                      • Section 33(5): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).