Local Electoral Act Tidy Up

The Local Electoral Act 2001 (Act) is to have a bit of a tidy up. 

Following consideration of the Local Government Commission's 2008 statutory review, and the recommendations of the Justice and Electoral Committees 2011 report on its enquiry into the conduct of the 2010 local authority elections, the Government introduced the Local Electoral Amendment Bill (Bill) into the House on 10 October.  The changes proposed are relatively minor, and of the type that are designed to make the Act more workable, rather than any fundamental change to the current regime.

The Bill includes the following proposed amendments. 

Nominations

• Nominations will close earlier - 57 instead of 50 days before polling day. 

• The electoral officer must receive the nomination, the candidate's consent and certification of qualification as a candidate, and the deposit, all at the same time. 

Representation Arrangements

• Territorial authorities and regional councils will be allowed to make minor amendments to their ward, community and electoral subdivision boundaries by resolution based on changes to allotment boundaries, subject to confirmation by the Local Government Commission. 

• The grounds on which a territorial authority may decide not to comply with the maximum 10% variation rule when determining the ratio of members to electors for each ward are widened.  As well as allowing provision for island and isolated communities, the division of communities of interest and the uniting of communities with the few commonalities of interest may be taken into account.  However any such decision will be subject to confirmation by the Local Government Commission. 

Candidate Profile Statements

• Candidate profile statements will now have to state whether the candidate resides in the area in which they are standing for election, and specify all positions sought when standing for election to more than one position.  Those statements will also have to be supplied to the electoral officer with the nomination paper.

Death, Incapacity or Invalid or Cancelled Nominations

• The provision for retirement by a candidate after the close of nominations and before polling day is replaced by a mechanism allowing an application for cancellation of nomination where the candidate has become incapacitated such that he or she would be incapable of performing the functions and duties of office.  The electoral officer is required to determine whether or not the candidate became incapacitated within that period.

Adjournment of Elections or Polls

• The Minister may recommend an order in Council be made to postpone nominations and/or elections for up to six weeks if he or she considers it necessary to do so to ensure that the adverse effects of an emergency or other disaster do not affect the election.

Voting Documents

• Voting papers will contain a warning describing the offences connected with interfering with a voting paper.

Processing Votes

• The necessity for an electoral officer to seek local authority confirmation by resolution in order to begin processing of votes within the voting period is removed.  This will be a matter for the sole discretion of the electoral officer.

When Members come into Office

• All candidates will come into office on the day after the day on which the official result of the election is declared, regardless of whether or not they were declared to be elected before the polling day.

Local Electoral Regulations 2001 (Regulations)

• The Bill also makes consequential amendments to the Regulations.  These include:
  • Residential electors must now be qualified to be on the roll by 30 June (currently 7 July) in a triennial election year.
  • Ratepayer electors must now be qualified to be on the role by 23 February (currently 2 March) in a triennial general election year.
  • The electoral roll closes on the 57th (currently the 50th) day before polling day.
  • Candidate profile statements can be published or displayed at any time after the close of nominations (currently only during voting period).

Our primary Local Government contacts are:

PDF version

Our Local Government Services

Last updated: 13 October 2011

The contents of this publication are general in nature and are not intended to serve as a substitute for legal advice on a specific matter. In the absence of such advice no responsibility is accepted by Brookfields for reliance on any of the information provided in this publication.