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Local Electoral Act 2001

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

118: Notice of intention to fill vacancy by appointment

You could also call this:

"Telling the public about filling a vacant job by appointment"

Illustration for Local Electoral Act 2001

If a local authority or community board wants to fill a vacancy by appointing someone, you need to know they must tell the public about it. They must say what they decided and how they chose the person for the job. The local authority or community board must confirm the appointment at a meeting within a certain time, which is 30 days after they told the public about it. If the person they chose is not available, the vacancy is still open.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94778.

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

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119: Notice of intention to leave vacancy unfilled, or

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

118Notice of intention to fill vacancy by appointment

  1. If, under section 117(3)(a) or section 117A, a local authority or local board or community board resolves that a vacancy will be filled by the appointment of a person by the local authority or local board or community board, it must immediately, unless the vacancy is for the office of mayor, give public notice of—

  2. the resolution; and
    1. the process or criteria by which the person named in the resolution was selected for appointment.

      1. The local authority or local board or community board must, at a meeting held not later than the expiry of the prescribed period, by resolution confirm the appointment described in the resolution under subsection (1); and the person appointed is for all purposes to be treated as having been elected to fill the vacancy on the date on which that resolution is made.

      2. For the purposes of subsection (2), the expiry of the prescribed period is 30 days after the date of notification of the resolution under subsection (1).

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

      Notes
      • Section 118(1): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
      • Section 118(1): amended, on , by section 40 of the Local Electoral Amendment Act 2002 (2002 No 85).
      • Section 118(2): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).