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Local Electoral Act 2001
Term of elected members and extraordinary vacancies
Filling of extraordinary vacancies
120B: Modification to section 120 if new extraordinary vacancy to be filled by election while epidemic notice in force for COVID-19

1Title 2Commencement 3Purpose 4Principles

Part 1:
Preliminary provisions

5Interpretation 5AATransitional, savings, and related provisions 5AATemporary definition of public notice as result of outbreak of COVID-19 5AGeneral description of First Past the Post electoral system 5BGeneral description of Single Transferable Voting electoral system 6Act binds Crown 7Application 8Holding of other elections 9Holding of referendum 10Triennial general election 11Triennial general election not necessary in certain cases

Part 1A:
Representation arrangements for elections of territorial authorities, regional councils, local boards, and community boards

19AMembership of territorial authorities 19BBasis of election of mayor of territorial authority 19CBasis of election of members of territorial authority 19DMembership of regional councils 19EBasis of election of members of regional council 19EAMembership of local boards 19EBBasis of election of chairperson of local board in certain circumstances 19ECBasis of election of members of local board 19FMembership of community boards 19GBasis of election of members of community board 19HReview of representation arrangements for elections of territorial authorities 19IReview of representation arrangements for elections of regional councils 19JReview of community boards 19JAAReview of local board area boundaries by unitary authority 19JAMinor alterations to boundaries by territorial authority 19JBMinor alterations to boundaries by regional council 19KRequirements for resolution 19LDistribution of copies of resolution 19MPublic notice of proposals and responsibilities in relation to submissions 19NResponse to submissions 19OAppeals 19PObjections 19QObligation to forward appeals and objections to Commission 19RCommission to determine appeals and objections 19SDetermination of Commission 19TRequirement for effective representation and other factors in determination of membership and basis of election of territorial authorities and local boards 19URequirement for effective representation and other factors in determination of membership and basis of election of regional council 19VRequirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions 19WFactors in determination of matters in relation to community boards 19XCertificate of Government Statistician 19YWhen determinations take effect

Māori wards and Māori constituencies

19ZTerritorial authority or regional council may resolve to establish Māori wards or Māori constituencies 19ZAPublic notice of right to demand poll 19ZBElectors may demand poll 19ZCRequirements for valid demand 19ZDTerritorial authority or regional council may resolve to hold poll 19ZELimitation on division into Māori wards or Māori constituencies 19ZFPoll of electors 19ZGEffect of poll 19ZHBasis of election of territorial authority and regional council

Guidelines

19ZIGuidelines in relation to reviews of representation or minor alterations to boundaries

Part 2:
Local elections and polls

Electoral rights

20Right to vote in election or poll 21Special voting 22Voting by special voters 23Residential electors 24Ratepayer electors 24AElectors of Māori wards 24BVoting rights at triennial general election of territorial authority 24CVoting rights at election to fill extraordinary vacancy in respect of Māori ward 24DElectors of Māori constituencies 24EVoting rights at triennial general election of regional council 24FVoting rights at election to fill extraordinary vacancy in respect of Māori constituency 25Candidate qualifications 26Right to nominate candidate

Electoral systems for elections

27Local authority may resolve to change electoral systems 28Public notice of right to demand poll on electoral system 29Electors may demand poll 30Requirements for valid demand 31Local authority may resolve to hold poll 32Limitation on change to electoral systems 33Poll of electors 34Effect of poll

Electoral systems for polls

35Electoral systems for polls

Voting methods

36Voting method for elections and polls 37Consultation

Electoral rolls

38Compilation of electoral roll 39Public notice of procedures for enrolment as ratepayer on electoral roll 40No person to be enrolled more than once for local authority or local board or community board 41Supply of information by Electoral Commission 42Roll to be available for public inspection 43Inspection of rolls at meetings and hui 44Application for registration as parliamentary elector 45Completion of electoral roll 46Removal of names from electoral roll 47Amendments to roll 48Objections to roll 49Appeals to District Court in respect of roll 50Closing of electoral roll 51When roll in force

Part 3:
Conduct of elections and polls

Notice of election or poll

52Notice of election or poll 53Additional material to be included in notice in respect of election 54Additional material to be included in notice in respect of poll

Candidacy

55Nomination of candidates 56Name of candidate 57Affiliation of candidate 57ACandidacy for more than 1 ward or constituency or subdivision prohibited 57BCandidacy for ward and membership at large prohibited 58Candidacy for both regional council and constituent authority prohibited 58AAProhibition on candidacy for local board 58AProhibition on candidacy for community board 59Forfeiture of deposit and refund of deposit 60Withdrawal, death, or incapacity of candidate before close of nominations

Candidate profile statements

61Candidate profile statements 62Provision of candidate profile statements to electors

Procedures after close of nominations

63If number of candidates does not exceed number of vacancies, candidates to be declared elected 64Vacancies remaining unfilled to be extraordinary vacancies

Further notice of election or poll

65Further notice to electors of election or poll

Scrutineers

66Scrutineers at election 67Scrutineers at poll 68General rules affecting scrutineers

Death, incapacity, or invalid or cancelled nominations of candidates

69Application for cancellation of nomination if candidate incapacitated after close of nominations 69AHow application for cancellation of nomination dealt with 70Death, incapacity, or invalid nomination of mayoral candidate after close of nominations 71Death, incapacity, or invalid or cancelled nomination of candidate 72If election becomes unnecessary

Adjourned elections or polls

73Adjournment of election or poll 73AAdjournment of electoral processes 73ABAdjournment of electoral processes and conduct of polls while epidemic notice in force for COVID-19 73ACRepeal and revocation 73BElectoral officer may abandon voting method

Voting, processing, and counting of votes

74Electoral officer to maintain security and secrecy at election or poll 75What voting documents for election must contain 76What voting documents for polls must contain 77Approval of voting documents for use at elections and polls 78Voting 79Early processing of votes 80Processing before close of voting 81Scrutineers' presence at processing prohibited before close of voting 82Justices of the Peace to observe processing before close of voting 83Scrutiny of roll 84Counting of votes 85Preliminary results 86Declaration of result 87Death or incapacity of elected candidate before declaration of result of election 88What happens if same person elected as mayor and another member 88AWhat happens if same person elected to both territorial authority and local board or community board 88BAmended declaration if election under First Past the Post electoral system 88CAmended declaration if election under Single Transferable Voting electoral system 88DApplication of provision relating to petition for inquiry 88EWhat happens if no amended declaration can be made 88FWhat happens if member of local board or community board becomes member of territorial authority 89Electoral records

Part 4:
Recounts and inquiries

Recount of votes cast at election

90Application by candidate for recount 90AApplication by electoral officer for recount 91Scrutineers at recount 92Conduct of recount 92ACosts of recount 92BAffected candidate may withdraw if votes tied after recount

Petition for inquiry into election or poll

93Petition for inquiry 94Specified grounds only to be investigated 95Who may be respondent 96Time for holding inquiry 97Powers of District Court Judge 98Result of inquiry 99Election or poll not void by reason of certain irregularities 100Costs of inquiry 101Return of deposit 102New election or poll if election or poll declared void

Application by electoral officer for inquiry into election or poll

102AApplication by electoral officer for inquiry 102BPreliminary or official results not to be announced or declared 102CDeposit of electoral records 102DNotice of application 102EWho may be respondent 102FTime for holding inquiry 102GResult of inquiry 102HProvisions that apply to inquiry 102INew election or poll if election or poll declared void

Order to be final

103Order to be final

Part 5:
Electoral donations and expenses

Electoral donations

103AInterpretation 103BDonations and contributions include GST 103CDonations to be transmitted to candidate 103DContributors to be identified 103EOffence relating to contravention of section 103D 103FIdentity of donor to be disclosed by transmitter, if known 103GOffence relating to contravention of section 103F 103HDisclosure of identity of donor 103IOffence relating to contravention of section 103H 103JAnonymous donation may not exceed $1,500 103KOffence relating to contravention of section 103J 103LRecords of electoral donations

Electoral expenses

104Interpretation 105Periods for claiming and paying expenses 106Procedure if claim disputed 107Leave to pay claim after time limited 108Payments to be vouched by bill 109Return of electoral expenses 110Return to be open for public inspection 111Maximum amount of electoral expenses 112Apportionment of electoral expenses 112AAOffence to pay electoral expenses in excess of relevant prescribed maximum

Return of electoral donations and expenses

112AReturn of electoral donations and expenses 112BNil return 112CFailure to file return of electoral donations and expenses 112DFiling a false return of electoral donations and expenses 112EObligation to retain records necessary to verify return 112FReturn of electoral donations and expenses to be open for public inspection

Part 5A:
Electoral advertising

113Advertisements for candidates 114Use of public money

Part 6:
Term of elected members and extraordinary vacancies

Term of membership of elected members

115When members come into office 116When members leave office

Filling of extraordinary vacancies

117Extraordinary vacancy in local authority or local board or community board 117APower to fill by appointment extraordinary vacancy in local board or community board 118Notice of intention to fill vacancy by appointment 119Notice of intention to leave vacancy unfilled 120Election to fill extraordinary vacancy 120AChange of voting period for election to fill extraordinary vacancy in Ōtorohanga District Council during COVID-19 restricted movement period 120BModification to section 120 if new extraordinary vacancy to be filled by election while epidemic notice in force for COVID-19 120CRepeal

Part 7:
Offences

121Illegal nomination, etc 122Interfering with or influencing voters 123Offences in respect of official documents 124Voting offences 125Bribery 126Treating 127Undue influence 128Personation 129Infringement of secrecy 130Disclosing voting or state of election or poll 131Penalty for electoral officer, deputy electoral officer, and other electoral officials

Electoral expenses

132Payments in breach of section 105 133Failure to transmit return 134False return 135Unauthorised advertisements 136Excessive expenditure

General provisions

137Property may be stated as being in electoral officer 138Duty to take action in respect of offences 138AATime limit for prosecutions

Part 8:
Miscellaneous provisions

138ASpecial provision in relation to certain elections to fill extraordinary vacancies and certain polls 139Regulations 140Powers and duties of electoral officers 140AElectoral systems 141Voting methods 142Electoral rolls 143Conduct of elections and polls 144Transitional regulations 145Expiry of section 144 146Regulations having effect under this Act 147Cost of elections and polls 148Validation of irregularities 149Amendments to section 101ZQ of Local Government Act 1974 150Amendment to Schedule 2 of New Zealand Public Health and Disability Act 2000 151Amendments to other enactments 152Repeals and revocations 153Transitional provisions relating to electoral systems 154Transitional provisions relating to returning officers 155Transitional provisions relating to electoral rolls 156Further transitional provisions relating to electoral rolls 157Transitional provisions relating to voting documents

Schedule 1:
Transitional, savings, and related provisions

Schedule 1:
New Zealand method of counting single transferable votes

Schedule 1A:
Provisions relating to Māori wards and Māori constituencies

Schedule 2:
Return of electoral donations and expenses

Schedule 3:
Enactments amended

Schedule 4:
Repeals and revocations

Local Electoral Act 2001

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

120B: Modification to section 120 if new extraordinary vacancy to be filled by election while epidemic notice in force for COVID-19

You could also call this:

"How to fill vacancies in local elections during COVID-19"

Illustration for Local Electoral Act 2001

You are looking at a law about filling vacancies in local elections. This law has a section called 120B that was repealed on 20 October 2022. It was repealed by section 120C(1), which you can find on the legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS350065.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS350064.

Topics:

Government and voting > Local councilsGovernment and voting > Elections

120A: Change of voting period for election to fill extraordinary vacancy in Ōtorohanga District Council during COVID-19 restricted movement period, or

"Changing the voting time for a special election in Ōtorohanga District Council"

120C: Repeal, or

"Removing a part of the law that is no longer needed"

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

120BModification to section 120 if new extraordinary vacancy to be filled by election while epidemic notice in force for COVID-19 (Repealed)

Notes

Section 120B: repealed, on 20 October 2022, by section 120C(1).