Plain language law

New Zealand law explained for everyone

Local Electoral Act 2001

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

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

You could also call this:

"What happens if someone didn't stand for election under the Single Transferable Voting system"

Illustration for Local Electoral Act 2001

If you are using the Single Transferable Voting electoral system, the electoral officer must do some things. You need to find out who would have been elected if someone else had not stood for election. The electoral officer gives an amended declaration saying that person is elected, as stated in section 86. If the area is divided into wards, the electoral officer does a similar thing. You find out who would have been elected in that ward if someone else had not stood. The electoral officer then gives an amended declaration saying that person is elected, as stated in section 86. When making these decisions, the electoral officer treats people who were elected to the territorial authority as if they never stood for the local board or community board. This means you ignore the fact that they were elected to the territorial authority. You do this to figure out who should be declared elected to the local board or community board, following section 88A.

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 It might be out of date or be missing some parts.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=DLM94714.

Topics:
Government and voting > Elections
Previous

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

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

Next

88D: Application of provision relating to petition for inquiry, or

"When to start a 21-day countdown after a new election result is announced"

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

88CAmended declaration if election under Single Transferable Voting electoral system

  1. If section 88A applies and the elections were conducted using the Single Transferable Voting electoral system, then,—

  2. subject to paragraphs (b) and (c), the electoral officer must—
    1. determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected as a member of the local board or community board if the person elected as a member of the territorial authority had not stood at the election; and
      1. give an amended declaration under section 86 declaring that unelected candidate to be elected:
      2. 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—
        1. determine, in accordance with any regulations made under this Act, the unelected candidate who would have been declared to be elected (at the election in the ward or subdivision at which the person who was 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) if the person elected as a member of the territorial authority had not stood at that election; and
          1. give an amended declaration under section 86 declaring that unelected candidate to be elected:
          2. the electoral officer must, in determining for the purposes of paragraph (a) or paragraph (b) the unelected candidate who is to be declared by the amended declaration to be elected, treat all persons who were elected as members of the territorial authority as if they had never stood for election as members of the local board or community board.

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