Local Electoral Act 2001

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

88E: What happens if no amended declaration can be made

You could also call this:

"What happens if someone is elected to two jobs and can only have one?"

Illustration for Local Electoral Act 2001

If you are in a situation where a candidate was elected to two roles, but they can only hold one, this section applies. You need to look at section 88A to understand which situations this applies to. If there is no other candidate who can be declared elected to the local board or community board, then the position is treated as vacant. If this happens, the vacancy in the local board or community board is treated as if it occurred when the person who was elected to both roles started their job as a member of the territorial authority. You can find more information about this in the Local Electoral Amendment Act 2002 and the Local Government Act 2002 Amendment Act 2014. This means the position is empty and needs to be filled.

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This page was last updated on 27 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94718.

Topics:

Government and voting > Local councilsGovernment and voting > Elections

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

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

88F: What happens if member of local board or community board becomes member of territorial authority, or

"What happens if you're on a local board and get elected to a bigger council?"

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

88EWhat happens if no amended declaration can be made

This section applies if, in any case to which section 88A applies, there is no other candidate who may lawfully be declared to be elected by means of the amended declaration as a member of the local board or community board.
If this section applies, an extraordinary vacancy in the office of member of the local board or community board is to be treated as having occurred on the date on which the person who was declared to be elected both as a member of the territorial authority and as a member of the local board or community board came into office as a member of the territorial authority.

Notes

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