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Local Electoral Act 2001

Term of elected members and extraordinary vacancies - Filling of extraordinary vacancies

117: Extraordinary vacancy in local authority or local board or community board

You could also call this:

"What happens when someone leaves a local council or board and how to fill the empty spot"

Illustration for Local Electoral Act 2001

If you are a member of a local authority or a local board or community board and you leave, a vacancy occurs. You need to fill this vacancy, either by an election or by appointing someone to the role. The way you fill the vacancy depends on when it happens. If the vacancy happens more than 12 months before the next election, you must fill it by an election. If it happens 12 months or less before the election, the chief executive must tell the local authority or board about the vacancy. Then, the local authority or board must decide what to do at their next meeting. You can either appoint someone to fill the vacancy or decide not to fill it. If you appoint someone, they must be qualified to be a member. If the person you appoint is not available, the vacancy is still open. If the vacancy is for the mayor, you must fill it by appointing another member as mayor. When you appoint a new mayor, they leave their old role and a new vacancy occurs. You must then fill this new vacancy, and you can find out how to do this in sections 118 to 120.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94773.

Topics:
Government and voting > Local councilsGovernment and voting > Elections
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116: When members leave office, or

"What happens when local authority members finish their job"

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117A: Power to fill by appointment extraordinary vacancy in local board or community board, or

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Part 6Term of elected members and extraordinary vacancies
Filling of extraordinary vacancies

117Extraordinary vacancy in local authority or local board or community board

  1. If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or community board more than 12 months before the next triennial general election, the vacancy must be filled by an election under this Act.

  2. If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or community board 12 months or less than 12 months before the next triennial general election, the chief executive of the local authority concerned must notify the local authority or local board or community board of the vacancy immediately.

  3. On receiving notice under subsection (2), the local authority or local board or community board must, at its next meeting (other than an extraordinary meeting) or, if that is not practicable, at its next subsequent meeting (other than an extraordinary meeting), determine by resolution—

  4. that the vacancy will be filled by the appointment by the local authority or local board or community board of a person named in the resolution who is qualified to be elected as a member; or
    1. that the vacancy is not to be filled.

      1. If for any reason the person specified in the resolution is unavailable, or otherwise unable to be notified of the appointment, a further vacancy occurs in that office.

      2. Despite subsection (3), if the vacancy is for the office of mayor, the vacancy must not be left unfilled but must be filled by appointment of one of the other members of the local authority as mayor.

      3. If any member is appointed or elected to fill a vacancy in the office of mayor,—

      4. the person is to be treated as having vacated the office of a member; and
        1. the vacancy in the office of a member is an extraordinary vacancy and this section and sections 118 to 120 apply.

          Notes
          • Section 117 heading: amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
          • Section 117(1): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
          • Section 117(2): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
          • Section 117(2): amended, on , by section 38 of the Local Electoral Amendment Act 2002 (2002 No 85).
          • Section 117(3): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
          • Section 117(3): amended, on , by section 15 of the Local Electoral Amendment Act 2004 (2004 No 62).
          • Section 117(3)(a): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).