Local Electoral Act 2001

Miscellaneous provisions

138A: Special provision in relation to certain elections to fill extraordinary vacancies and certain polls

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"Rules for special elections at certain times of the year"

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If you get a notice to hold a special election between 14 September and 20 November, the voting day must be after 3 March the next year. If you get a notice between 21 November and 15 December, the voting day must be after 28 March the next year. If you get a notice between 16 December and 12 January, the voting day must be after 24 April the next year.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95309.


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"Rules About Elections"

Part 8Miscellaneous provisions

138ASpecial provision in relation to certain elections to fill extraordinary vacancies and certain polls

  1. Despite section 33(3) and section 120(1),—

  2. if an electoral officer receives a notice under section 30(4), section 31(3), or section 120(1)(a) in the period that begins on 14 September in any year and ends with the close of 20 November in that year, the polling day for the poll under section 33, or for the election under section 120(1), must be a day not earlier than 3 March in the following year; and
    1. if an electoral officer receives a notice under section 30(4), section 31(3), or section 120(1)(a) in the period that begins on 21 November in any year and ends with the close of 15 December in that year, the polling day for the poll under section 33, or for the election under section 120(1), must be a day not earlier than 28 March in the following year; and
      1. if an electoral officer receives a notice under section 30(4), section 31(3), or section 120(1)(a) in the period that begins on 16 December in any year and ends with the close of 12 January in the following year, the polling day for the poll under section 33, or for the election under section 120(1), must be a day not earlier than 24 April in that following year.
        1. In any case to which paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) applies, the requirements of this Act apply as if the notice referred to in the paragraph had been received by the electoral officer on the last day of the period specified in that paragraph.

        Compare
        • 1976 No 144 s 50(1)
        Notes
        • Section 138A: inserted, on , by section 44 of the Local Electoral Amendment Act 2002 (2002 No 85).
        • Section 138A(1): amended, on , by section 8(a) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).
        • Section 138A(1)(a): amended, on , by section 15(1)(a) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28)
        • Section 138A(1)(a): amended, on , by section 15(1)(b) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28)
        • Section 138A(1)(a): amended, on , by section 8(b) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).
        • Section 138A(1)(a): amended, on , by section 8(c) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).
        • Section 138A(1)(b): amended, on , by section 15(2) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28)
        • Section 138A(1)(b): amended, on , by section 8(b) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).
        • Section 138A(1)(b): amended, on , by section 8(c) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).
        • Section 138A(1)(c): amended, on , by section 15(3) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28)
        • Section 138A(1)(c): amended, on , by section 8(b) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).
        • Section 138A(1)(c): amended, on , by section 8(c) of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (2021 No 3).