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Local Electoral Act 2001

Local elections and polls - Voting methods

36: Voting method for elections and polls

You could also call this:

"How You Vote in Local Elections and Polls"

Illustration for Local Electoral Act 2001

When you vote in local elections or polls, the local authority decides how you will vote. They can choose one or more methods for a particular election or poll. You might vote in the same way for more than one election or poll at the same time. If the local authority has not decided on a voting method, you will vote by post. Sometimes, elections or polls are held with other territorial authority elections. In this case, you will use the same voting method as the territorial authority election. If some elections or polls need to use different voting methods, the local authorities will decide which method to use. If they cannot agree, you will vote by post. There are also rules for trying out new voting methods for some electors. You can read more about the Local Electoral Matters Act 2019 to learn more about these rules. When new voting methods are being tried, they might be used for some electors in an election or poll. In this case, those electors will use the new method, and other electors will use the method decided by the local authority. The local authority follows the rules to decide which voting method to use for other electors. You can find more information about the rules for local elections and polls in the Local Electoral Matters Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94305.

Topics:
Government and voting > Elections
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"How Local Authorities Choose Voting Systems for Polls"

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"Talking to other local authorities before making voting decisions"

Part 2Local elections and polls
Voting methods

36Voting method for elections and polls

  1. Every election or poll conducted for a local authority must be conducted using 1 or more methods of voting adopted by resolution of the local authority—

  2. for the purposes of a particular election or poll; or
    1. for the purposes of more than 1 election or more than 1 poll, or both, that are to be conducted at the same time.

      1. If an election or poll is to be conducted and there is no applicable resolution under subsection (1), that election or poll must be conducted by postal voting.

      2. Despite subsections (1) and (2),—

      3. if any election or poll is to be conducted in conjunction with the election of 1 or more territorial authorities in the same local government area, the voting method to be used for that election or poll within the district of each territorial authority is the voting method or methods to be used for the election of that territorial authority:
        1. if 2 or more elections or 2 or more polls are to be conducted within the district of a territorial authority separately from any election of that territorial authority, and, as a consequence of the operation of subsection (1) or subsection (2), those elections and polls are required to be conducted using different voting methods,—
          1. the local authorities concerned must determine which of those voting methods must be used to conduct the elections and polls; and
            1. if no agreement is reached under subparagraph (i), those elections and polls must be conducted by postal voting.

            2. Subsection (5) applies if—

            3. regulations authorise the use of a voting method, for the purpose of conducting a trial of that method, by a specified class of elector in any specified class of election or poll or in any specified election or poll; and
              1. the local authority adopts that voting method for the specified class by resolution in accordance with those regulations.

                1. The voting method to be used by the specified class of elector in the election or poll must be the method adopted by resolution under subsection (4).

                2. If, under subsection (5), any election or poll of 1 or more territorial authorities in which a voting method is to be used by a specified class of elector is to be conducted in conjunction with 1 or more other elections or polls, that voting method is to be used by the specified class of elector in each of the elections or polls.

                3. If subsection (5) or (6) (or both) apply to an election or a poll, the voting method or methods to be used for other electors in the election or poll must be determined in accordance with subsections (1) to (3).

                Notes
                • Section 36(4): inserted, on , by section 5 of the Local Electoral Matters Act 2019 (2019 No 7).
                • Section 36(5): inserted, on , by section 5 of the Local Electoral Matters Act 2019 (2019 No 7).
                • Section 36(6): inserted, on , by section 5 of the Local Electoral Matters Act 2019 (2019 No 7).
                • Section 36(7): inserted, on , by section 5 of the Local Electoral Matters Act 2019 (2019 No 7).