Local Electoral Act 2001

Conduct of elections and polls - Voting, processing, and counting of votes

88A: What happens if same person elected to both territorial authority and local board or community board

You could also call this:

"If you're elected to two jobs, you'll have to give up one of them."

Illustration for Local Electoral Act 2001

If you are elected to both a territorial authority and a local board or community board, this rule applies. You will be treated as having given up your position on the local board or community board. This happens even if you were elected to both at the same time, unless a recount under section 92 or a petition under section 93 changes the result.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94710.

Topics:

Government and voting > Local councilsGovernment and voting > Elections

88: What happens if same person elected as mayor and another member, or

"What happens if you're elected as both mayor and another member at the same time?"

88B: Amended declaration if election under First Past the Post electoral system, or

"Changing the election result under the First Past the Post system"

Part 3Conduct of elections and polls
Voting, processing, and counting of votes

88AWhat happens if same person elected to both territorial authority and local board or community board

This section applies if, at any elections held at the same time for a member or members of a territorial authority and a member or members of a local board or community board constituted in respect of part of the district of the territorial authority, a person is declared to be elected as a member of the territorial authority and that person is also declared to be elected as a member of the local board or community board (and that person is not deprived of either office by a recount under section 92 or on a petition under section 93).
If this section applies, the person declared to be elected to both offices must be treated as having vacated office as a member of the local board or community board, as the case may be.

Notes

Section 88A: inserted, on 25 December 2002, by section 33 of the Local Electoral Amendment Act 2002 (2002 No 85).
Section 88A heading: amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
Section 88A(1): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
Section 88A(2): amended, on 8 August 2014, by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).