Local Electoral Act 2001

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

120: Election to fill extraordinary vacancy

You could also call this:

"How to hold an election to fill a sudden empty seat on a local council"

Illustration for Local Electoral Act 2001

If you are filling an extraordinary vacancy by election, the chief executive of your local authority must tell the electoral officer about the vacancy. The election must be held within 103 days after the electoral officer gets the notice. You will follow the rules in this Act and any other regulations that apply. If you are having an election to fill one vacancy, you must also fill any other extraordinary vacancies on your local authority or local board at the same time. This includes vacancies that happened before or after the first one. If the electoral officer gets notice of another vacancy before voting starts, they can cancel the first election notice and set a new polling day to fill all the vacancies. Any nominations you made for the first election will still be valid for the new election. You can also nominate new candidates for the new election if they were not nominated for the first one.

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

120Election to fill extraordinary vacancy

  1. If an extraordinary vacancy is to be filled by an election,—

  2. the chief executive of the local authority concerned must give notice of the vacancy to the electoral officer; and
    1. the election must be held not later than 103 days after the date on which the electoral officer receives notice of the vacancy, and the provisions of this Act and any regulations made under this Act apply accordingly and with any necessary modifications.
      1. If an election is to be held under subsection (1), an election must be held at the same time to fill every extraordinary vacancy on the local authority or local board or community board—

      2. that is unfilled at the time the extraordinary vacancy occurred; or
        1. that is created after the extraordinary vacancy occurred and before the election commences.
          1. If the electoral officer receives notice of an extraordinary vacancy to which subsection (2)(b) refers before the commencement of voting at the election, the electoral officer may—

          2. countermand the notice previously given in respect of the election to fill the first-mentioned vacancy or vacancies; and
            1. give fresh notice appointing the polling day for an election to fill all the vacancies.
              1. All nominations received in respect of the countermanded election that are still in effect on the date of the giving of the fresh public notice continue in effect as if they had been made in respect of the election to be held on the substituted day appointed by the electoral officer.

              2. Any qualified person who was not nominated as a candidate at the countermanded election may be nominated as a candidate at the election to be held on the substituted date.

              Notes
              • Section 120(1)(a): amended, on , by section 41 of the Local Electoral Amendment Act 2002 (2002 No 85).
              • Section 120(1)(b): amended, on , by section 14 of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).
              • Section 120(2): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).