In this Part, unless the context otherwise requires,—

amendment Act means the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021

commencement date means the date on which the amendment Act comes into force

transition period means the period beginning on the commencement date and ending on 21 May 2021.

Any territorial authority may resolve at any time during the transition period that the district be divided into 1 or more Māori wards for electoral purposes.

Any regional council may resolve at any time during the transition period that the region be divided into 1 or more Māori constituencies for electoral purposes.

A resolution under subclause (1) or (2)—

This clause—

In this clause, associated election has the same meaning as in section 19Z.

This clause applies to a resolution of a territorial authority or regional council made under section 19Z at any time during the period—

The territorial authority or regional council may, at any time during the transition period, revoke the resolution.

This clause applies in relation to a resolution of a territorial authority or regional council made under section 19Z before the commencement date.

No demand for a poll to countermand the resolution may be made under section 19ZB on or after the commencement date despite any public notice having been given under section 19ZA by the territorial authority or regional council before the commencement date of a right to demand a poll.

This clause applies if—

The demand must be disregarded on and after the commencement date.

The chief executive of the territorial authority or regional council must not give notice to the electoral officer of the demand on or after the commencement date.

An electoral officer for a territorial authority or regional council who, before the commencement date, receives notice under section 19ZC(5) of a demand for a poll must not give public notice of the poll on or after the commencement date.

This clause applies to a resolution of a territorial authority or regional council under section 19ZD(1) if—

The resolution ceases to have effect on the commencement date.

An electoral officer who, before the commencement date, received a notice under section 19ZD of a resolution that a poll be held must not give public notice of the poll on or after the commencement date.

This clause applies to an electoral officer who, during the period of 89 days before the commencement date, gives public notice of a poll in accordance with section 19ZF(1).

The electoral officer must, as soon as practicable after the commencement date, give public notice that the poll will not be held.

In this Part,—

amendment Act means the Local Government Electoral Legislation Act 2023

commencement date means the date on which sections 30 to 34 of the amendment Act come into force.

The amendments made by sections 30 to 34 of the amendment Act apply in respect of an election if—

In this Part, unless the context otherwise requires,—

amendment Act means the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024

associated election has the same meaning as in section 19Z

commencement date means the date on which section 17 of the amendment Act comes into force

group 1 local authority means a territorial authority or regional council named in the first column of the table in subclause (2)

group 2 local authority means a territorial authority or regional council named in the second column of the table in subclause (2)

transition period means the period starting on the commencement date and ending on 6 September 2024.

This clause applies to a group 1 local authority.

A group 1 local authority must, by 6 September 2024,—

A resolution under subclause (2)(b) takes effect for the 2025 and 2028 triennial general elections of the local authority, and for any associated election, and continues in effect until—

See clause 39 concerning the requirement for a group 1 local authority to hold a binding poll if it resolves under subclause (2)(a) to retain the 1 or more Māori wards or Māori constituencies it has established.

A group 1 local authority is not required to use or adopt the special consultative procedure under section 83 of the Local Government Act 2002 in respect of a proposed resolution under clause 11(2)(a) or (b).

A resolution of a group 1 local authority to disestablish its 1 or more Māori wards or Māori constituencies under clause 11(2)(b) does not affect—

Subclause (1) is subject to subclause (3).

If a group 1 local authority resolves to disestablish its 1 or more Māori wards or Māori constituencies under clause 11(2)(b),—

Subclause (3) applies regardless of whether public notice of the proposal contained in the resolution under section 19H, 19I, or 19J has been published under section 19M or 19N.

A group 1 local authority that resolves to disestablish its 1 or more Māori wards or Māori constituencies under clause 11(2)(b) must, by 6 September 2024, determine how its representation arrangements for the 2025 triennial general election will be set.

For the purposes of subclause (1), the local authority may—

A group 1 local authority must undertake a shortened review of its representation arrangements for elections, in 2024, if the requirements in clause 15 are not satisfied (see clauses 21 to 28).

To avoid doubt, sections 19R and 19S continue to apply in relation to a shortened review of representation arrangements that a local authority resolves, or is required, to undertake under subclause (2)(b) or (3).

A group 1 local authority may resolve under clause 14(2)(a) to revert to its pre-2020 representation arrangements only if the arrangements will provide fair and effective representation of communities of interest in accordance with sections 19T to 19W.

The local authority must, before passing a resolution referred to in subclause (1),—

For the purposes of considering the fair and effective representation of communities of interest in accordance with sections 19T to 19W, if an exception from compliance under section 19V(3) has been upheld on a determination by the Local Government Commission under section 19V(6) relating to specific wards, constituencies, or subdivisions in the local authority’s pre-2020 representation arrangements, that exception continues to apply and the local authority is not required to refer the relevant decision to the Commission under section 19V(4).

Section 19P does not apply in respect of a resolution made by a group 1 local authority under clause 14(2)(a).

This clause applies to a group 1 local authority that resolves under clause 14(2)(a) to revert to its pre-2020 representation arrangements.

The group 1 local authority must seek and consider advice from Statistics New Zealand as to any adjustments that Statistics New Zealand has made to the boundaries of relevant statistical meshblock areas since—

The group 1 local authority must determine by resolution any necessary adjustments to be made to the boundaries of any ward, constituency, community, or subdivision to ensure that they coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand.

A group 1 local authority that resolves under clause 14(2)(a) to revert to its pre-2020 representation arrangements must—

If a group 1 local authority has, under clause 18, given public notice of the basis of election for the next triennial election of the local authority, no such basis has effect unless—

If the description of any ward or constituency or community or subdivision to which subclause (1) applies is defective, but the Surveyor-General, or a person appointed by the Surveyor-General, certifies that it can be amended and the defect overcome without making any change in what was evidently intended to be the area comprised in the description, the description—

A group 1 local authority that resolves to disestablish its Māori wards or Māori constituencies and revert to its pre-2020 electoral arrangements must complete its next representation review in the 2025 to 2028 local government term.

Clauses 22 to 28 apply to a group 1 local authority that resolves under clause 11(2)(b) to disestablish the 1 or more Māori wards or Māori constituencies it has established since 2020 and—

Section 19K applies as if, in subsection (1AA), the words “must be passed no earlier than 20 December of the year that is 2 years before the year of the election and no later than 31 July of the year that is immediately before the year of the election” were replaced with “must be passed by 13 September 2024”.

Section 19M applies as if,—

Section 19N applies as if, in subsection (1), the words “must, within 8 weeks after the end of the period allowed for the making of submissions and specified in the notice given under section 19M” were replaced with “must, within 6 weeks after the end of the period allowed for the making of submissions and specified in the notice given under section 19M”.

Section 19O applies as if,—

Section 19Q applies as if the reference to “20 December,” were replaced with “23 December 2024,”.

Section 19R applies as if, in subsection (3), the words “before 11 April in the year of a triennial general election” were replaced with “before 11 April 2025”.

A group 1 local authority that completes a shortened review process must undertake its next review of representation arrangements in accordance with the requirement in section 19H(2)(b) or 19I(2)(b) (whichever applies).

A group 2 local authority must, by 6 September 2024,—

See clause 39 concerning the requirement for a group 2 local authority to hold a binding poll if it resolves under subclause (1)(a) to affirm its resolution to establish 1 or more Māori wards or Māori constituencies for the 2025 triennial general election.

A group 2 local authority is not required to use or adopt the special consultative procedure under section 83 of the Local Government Act 2002 in respect of a proposed resolution under clause 29(1)(a) or (b).

If a group 2 local authority passes a resolution under clause 29(1)(b) to rescind its resolution to establish 1 or more Māori wards or Māori constituencies for the 2025 triennial general election, any determination of the group 2 local authority made by resolution under section 19H, 19I, or 19J in the term commencing after the 2022 triennial general election has no effect (and, accordingly, the authority has no obligation to take any further action in respect of the determination under Part 1A of this Act).

Subclause (1) applies regardless of whether public notice of the proposal has been published under section 19M or 19N of this Act.

A group 2 local authority that resolves under clause 29(1)(b) to rescind its resolution to establish 1 or more Māori wards or Māori constituencies must, by 6 September 2024, determine how its representation arrangements for the 2025 triennial general election will be set.

This clause applies to a group 2 local authority if it has completed a representation review since the 2019 triennial general election.

For the purposes of clause 32, the group 2 local authority is not required to, but may, resolve to complete a shortened representation review process in 2024.

If the group 2 local authority resolves to complete a shortened representation review process, that process must be completed in accordance with the requirements of clauses 22 to 28 as if the reference to a group 1 local authority were a reference to a group 2 local authority.

If the group 2 local authority does not resolve to complete a shortened review process in 2024, its existing representation arrangements continue to apply for the 2025 triennial general election in accordance with section 19H(2)(b) or 19I(2)(b) (whichever applies).

This clause applies to a group 2 local authority if it has not completed a representation review since the 2019 triennial general election.

The group 2 local authority may, for the 2025 triennial general election,—

A group 2 local authority must undertake a shortened review of its representation arrangements, in 2024, if the requirements in clause 35 are not met.

A shortened review process undertaken under subclause (2)(b) or (3) must be completed in accordance with the requirements of clauses 22 to 28 as if the reference to a group 1 local authority were a reference to a group 2 local authority.

A group 2 local authority that has not completed a representation review since 2019 may continue its existing representation arrangements only if the arrangements will provide fair and effective representation of communities of interest in accordance with sections 19T to 19W.

The local authority must, before passing a resolution under clause 34(2)(a) to continue its existing representation arrangements,—

For the purposes of considering the fair and effective representation of communities of interest in accordance with sections 19T to 19W, if an exception from compliance under section 19V(3) has previously been upheld on a determination by the Local Government Commission under section 19V(6) relating to specific wards, constituencies, or subdivisions in the local authority’s pre-2020 representation arrangements, that exception continues to apply and the local authority is not required to refer the relevant decision to the Commission under section 19V(4).

Section 19P does not apply in respect of a resolution made by a group 2 local authority made under clause 34(2)(a).

A group 2 local authority that resolves under clause 34(2)(a) to continue its existing representation arrangements must—

If either Western Bay of Plenty District Council or Central Hawke’s Bay District Council gives public notice under subclause (1), the local authority must, in addition, meet the requirements specified in clause 19(1) and (2) as if the reference to a group 1 local authority were a reference to a group 2 local authority.

A group 2 local authority that has not completed a representation review since the 2019 triennial general election and that resolves under clause 34(2)(a) to continue its existing representation arrangements for the 2025 triennial general election must complete its next representation review in the 2025 to 2028 local government term.

A group 2 local authority that has completed a representation review since the 2019 triennial general election or that completes a shortened representation review process in accordance with the provisions of this Part must complete its next representation review in accordance with the requirements in section 19H(2)(b) or 19I(2)(b) (whichever applies).

This clause applies to—

A group 1 or group 2 local authority to which this clause applies must hold a poll on the question whether, from the 2028 triennial general election,—

The poll must be conducted using the First Past the Post electoral system.

The poll must, in each case, be held—

Every poll held under this Act as required by this clause determines the question referred to in subclause (2)(a) or (b) (whichever applies) for the next 2 triennial general elections for the territorial authority or regional council, and for any associated election, after the 2025 triennial general election.

If a local authority is required under clause 39 to hold a poll in conjunction with the 2025 triennial general election, the electoral officer responsible for the conduct of the election must—

Section 19ZE applies as if a poll held under clause 39 on the question specified in clause 39(2) were a poll on a proposal described in section 19ZE(a) held under section 19ZF.

Subclauses (2) and (3) apply to a group 1 or group 2 local authority if 50% or more of the valid votes cast in a poll held by the local authority as required by clause 39 are “Yes” votes.

The local authority must follow the process set out in Schedule 1A of this Act in the 2025 to 2028 electoral term if it has not completed a representation review since the 2022 triennial general election.

The local authority may continue its existing representation arrangements in the 2025 to 2028 electoral term if it has completed a representation review since the 2022 triennial general election.

If more than 50% of the valid votes cast in a poll held by a group 1 or group 2 local authority under clause 39 are “No” votes, the local authority—

Subclause (4) applies despite section 19Z(3)(c).

Clauses 44 to 46 apply—

A local authority to which this clause applies may pass the resolution referred to in clause 43(b) by 13 September 2024.

A group 1 or group 2 local authority that passes a resolution in accordance with clause 44 must undertake a shortened review of its representation arrangements in accordance with the requirements of clauses 23 to 27.

A group 1 or group 2 local authority that undertakes a shortened review under clause 45 must undertake its next review of representation arrangements in accordance with the requirement under section 19H(2)(b) or 19I(2)(b) (whichever applies).

Clauses 48 to 54 apply to Tauranga City Council (the Council).

The Council must, by 30 November 2026,—

A resolution of the Council to disestablish its Māori ward under clause 48(a) does not affect—

A resolution of the Council to disestablish its Māori ward applies for the next 2 triennial general elections of the Council.

This clause applies if the Council resolves under clause 48(b) to hold a poll.

The Council must, by 28 March 2027, hold a poll on the question whether the district should be divided into 1 or more Māori wards.

The poll must be held in accordance with the requirements in clause 52.

Section 19ZE applies as if a poll held under clause 50 on the question specified in clause 50(2) were a poll on a proposal described in section 19ZE(a) held under section 19ZF.

The Council chief executive must notify the electoral officer, by 1 December 2026, of the date on which the poll under clause 50 is to be held.

The date specified for the holding of the poll must not be a date that would require deferral of the poll under section 138A.

The electoral officer must give public notice of the poll under section 52 as soon as practicable after receiving the notice under subclause (1).

The poll must be conducted using the First Past the Post electoral system.

The poll must be held in accordance with the provisions of Parts 2, 3, 4, 7, and 8 of this Act (as modified by this Part) that concern the conduct of a poll.

If 50% or more of the valid votes cast in the poll are “Yes” votes, the Council must follow the process set out in Schedule 1A in the 2025 to 2028 term.

If more than 50% of the valid votes cast in the poll are “No” votes, the Council must not follow the process set out in Schedule 1A.

Subsection (2) applies despite section 19Z(3)(c).

The outcome of the poll determines whether, for the next 2 triennial general elections of the Council, the district is to be divided into 1 or more Māori wards.

The outcome of the poll must be included in the Council’s 2027 representation review.

This clause applies if the electoral officer does not receive a notice that accords with clause 52(1) and (2) by 1 December 2026.

The electoral officer must—

The Commission must issue guidelines identifying factors and considerations for group 1 and group 2 local authorities to take into account in passing resolutions and making determinations referred to in the provisions of this Part.

The Commission may, from time to time, amend or revoke guidelines issued under subclause (1).

Guidelines issued under subclause (1) may relate to group 1 or group 2 local authorities generally or to a specific class of those authorities.

The Commission must, as soon as practicable after issuing guidelines under subclause (1),—

Subclauses (3) and (4) apply, with all necessary modifications, in respect of any amendment to or revocation of guidelines issued under subclause (1).