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Local Electoral Act 2001

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

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

You could also call this:

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

Illustration for Local Electoral Act 2001

If you are in a situation where section 88A applies and the elections were conducted using the First Past the Post electoral system, the electoral officer must give an amended declaration. You will see the electoral officer declare the highest polling unelected candidate at the election to be elected under section 86. The electoral officer ignores any unelected candidate who was elected as a member of the territorial authority when determining the highest polling unelected candidate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94712.

Topics:
Government and voting > Elections
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88A: What happens if same person elected to both territorial authority and local board or community board, or

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

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88C: Amended declaration if election under Single Transferable Voting electoral system, or

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

88BAmended declaration if election under First Past the Post electoral system

  1. If section 88A applies and the elections were conducted using the First Past the Post electoral system, then,—

  2. subject to paragraphs (b) and (c), the electoral officer conducting the election of members of the local board or community board must give an amended declaration under section 86 declaring the highest polling unelected candidate at the election to be elected; and
    1. if the local board area or part of the district in respect of which the community is constituted is divided into wards or subdivisions for electoral purposes, the electoral officer conducting the election must, subject to paragraph (c), give an amended declaration under section 86 declaring the highest polling unelected candidate at the election in the ward or subdivision (at which the person elected as a member of the territorial authority was also elected as a member of the local board or community board, as the case may be) to be elected; and
      1. the electoral officer must, in determining for the purposes of paragraph (a) or paragraph (b) the person who is the highest polling unelected candidate, ignore any unelected candidate for membership of the local board or community board who was elected as a member of the territorial authority.

        Notes
        • Section 88B: inserted, on , by section 33 of the Local Electoral Amendment Act 2002 (2002 No 85).
        • Section 88B(a): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
        • Section 88B(b): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
        • Section 88B(c): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).