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  Community » Your Community » Iwi » Legal Framework For Obligations To Māori And Under Te Tiriti O Waitangi/Treaty Of Waitangi » Local Electoral Act 2001

Local Electoral Act 2001

SECTION

OBLIGATION TO MĀORI

 

Māoriwards and Māori constituencies 

19Z

Territorial authorityor regional council may resolve to establish Māori wards or Māori constituencies

(1)        Any territorial authority may resolve that the district be divided into 1 or more Māori wards for electoral purposes.

(2)        Any regional council may resolve that the region be divided into 1 or more Māori constituencies for electoral purposes.

(3)        A resolution under this section,—

(a)        if made after a triennial general election but no later than 23 November of the year that is 2 years before the next triennial general election, takes effect, subject to paragraph (c), for the purposes of the next triennial general election of the territorial authority or regional council; and

(b)       in any other case, takes effect, subject to paragraph (c), for the purposes of the next but one triennial general election; and

(c)        in either case, takes effect for 2 triennial general elections of the territorial authority or regional council, and any associated election, and continues in effect after that until either—

(i)         a further resolution under this section takes effect; or

(ii)        a poll of electors of the territorial authority or regional council held under section 19ZF takes effect.

(4)        This section is subject to section 19ZE and to clauses 2(5) and 4(4) of Schedule 1A.

(5)        In this section and in sections 19ZB to 19ZG, associated election, in relation to any 2 successive triennial general elections of a territorial authority or regional council, means—

(a)        any election to fill an extraordinary vacancy in the membership of the body concerned that is held—

(i)         between those elections; or

(ii)        after the second of those elections but before the subsequent triennial general election;

(b)       an election of the members of the body concerned under section 255(1)(b) or Schedule 15 of the Local Government Act 2002 that is held—

(i)         between those elections; or

(ii)        after the second of those elections but before the subsequent triennial general election.

19ZA

Public notice of right to demand poll

(1)      A territorial authority or regional council that passes a resolution under section 19Z must give public notice, not later than the required date, of the right to demand, under section 19ZB, a poll on the question whether,—

(a)        in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or

(b)       in the case of a regional council, the region should be divided into 1 or more Māori constituencies.

(2)        The public notice under subsection (1) must include—

(a)        notice of the resolution under section 19Z; and

(b)       a statement that a poll is required to countermand that resolution.

(3)        In subsection (1), requireddate means,—

(a)        in the case of a resolution under section 19Z that is made after a triennial general election but not later than 23 November of the year that is 2 years before the next triennial general election, 30 November in that year;

(b)       in the case of a resolution under section 19Z that is made at some other time, the date that is 7 days after the date of the resolution.

(4)  This section is subject to section 19ZE.

19ZB

Electors maydemand poll

(1)        A specified number of electors of a territorial authority or regional council may, at any time, demand that a poll be held on the question whether,—

(a)        in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or

(b)       in the case of a regional council, the region should be divided into 1 or more Māori constituencies.

(2)        This section is subject to section 19ZE.

(3)        In this section and sections 19ZC and 19ZD,—

demand means a demand referred to in subsection (1);

specified number of electors, in relation to a territorial authority or regional council, means a number of electors equal to or greater than 5% of the number of electors enrolled as eligible to vote at the previous triennial general election of the territorial authority or regional council.

19ZC

Requirements for valid demand

(1)        A demand must be made by notice in writing—

(a)        signed by a specified number of electors; and

(b)       delivered to the principal office of the territorial authority or regional council. (2) An elector may sign a demand and be treated as one of the specified number of electors only if,—

 

(a)        in the case of a territorial authority, the name of the elector appears on the electoral roll of the territorial authority; or

(b)        in the case of a regional council, the name of the elector appears on the electoral roll of a territorial authority and the elector’s address as shown on that roll is within the region; or

(c)        in a case where the name of an elector does not appear on a roll in accordance with paragraph (a) or paragraph (b),—

(i)         the name of the elector is included on the most recently published electoral roll for any electoral district under the Electoral Act 1993 or is currently the subject of a direction by the Electoral Commission under section 115 of that Act (which relates to unpublished names); and

(ii)        the address for which the elector is registered as a parliamentary elector is within the local government area of the territorial authority or regional council; or

(d)        the address given by the elector who signed the demand—

(i)         is confirmed by a Registrar of Electors as the address at which the elector is registered as a parliamentary elector; and

(ii)        is, if the demand was given to a territorial authority, within the district of the territorial authority; or

(iii)       is, if the demand was delivered to a regional council, within the region of the regional council; or

(e)        the elector has enrolled, or has been nominated, as a ratepayer elector and is qualified to vote as a ratepayer elector in elections of the territorial authority or, as the case may require, the regional council.

(3)        Every elector who signs a demand must state, against his or her signature,—

(a)        the elector’s name; and

(b)       the address for which the person is qualified as an elector of the territorial authority or regional council.

(4)        If a valid demand is received after 28 February in the year before the next triennial general election, the poll required by the demand—

(a)        must be held after 21 May in that year; and

(b)       has effect in accordance with section 19ZG(4) (which provides that the poll has effect for the purposes of the next but one triennial general election and the subsequent triennial general election).

(5)        The chief executive of the territorial authority or regional council must, as soon as practicable, give notice to the electoral officer of every valid demand for a poll made in accordance with section 19ZB and this section.

(6)        This section is subject to section 19ZE.

19ZD

Territorial authorityor regional council may resolve to hold poll

(1)        A territorial authority or regional council may, at any time, resolve that a poll be held on the question whether,—

(a)        in the case of a territorial authority, the district should be divided into 1 or more Māori wards; or

(b)     in the case of a regional council, the region should be divided into 1 or more Māori constituencies.

(2)        A resolution under subsection (1) may, but need not, specify the date on which the poll is to be held.

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

(4)        The chief executive of the territorial authority or regional council must give notice to the electoral officer under subsection (1),—

(a)        if no date for the holding of the poll is specified in the resolution, as soon as is practicable;

(b)       if a date for the holding of the poll is specified in the resolution, at an appropriate time that will enable the poll to be conducted in accordance with section 19ZF(3).

(5)        This section is subject to section 19ZE.

19ZE

Limitation on division into Māoriwards or Māori constituencies

Sections 19Z to 19ZD do not apply, in relation to a territorial authority or regional council, if—

(a)        a poll on the proposal described in section 19ZB or section 19ZD held under section 19ZF took effect at the previous triennial general election of the territorial authority or regional council or takes effect at the next triennial general election of the territorial authority or regional council; or

(b)       another enactment requires that the district be divided into 1 or more Māori wards or the region be divided into 1 or more Māori constituencies.

19ZF

Poll of electors

(1)        If the electoral officer for a territorial authority or regional council receives notice under section 19ZC(5) or section 19ZD(4), the electoral officer must, as soon as practicable after receiving that notice, give public notice of the poll under section 52.

(2)        Despite subsection (1), if an electoral officer for a territorial authority or regional council receives 1 or more notices under both section 19ZC(5) and section 19ZD(4), or more than 1 notice under either section, in any period between 2 triennial general elections, the polls required to be taken under each notice may, to the extent that those polls would, if combined, take effect at the same general election, and if it is practicable to combine those polls, be combined.

(3)        A poll held under this section must be held not later than 82 days after the date on which—

(a)        the notice referred to in subsection (1) is received; or

(b)       the last notice referred to in subsection (2) is received.

(4)        Subsection (3) is subject to subsection (2), section 19ZC(4), and section 138A.

(5)        Every poll under this section that is held in conjunction with a triennial general election or held after that date but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held determines whether, for the next 2 triennial general elections for the territorial authority or regional council and any associated election,—

(a)        the district of the territorial authority is to be divided into 1 or more Māori wards; or

(b)       the region of the regional council is to be divided into 1 or more Māori constituencies.

(6)        Every poll under this section that is held at some other time determines whether, for the next but one triennial general election and the following triennial general election for the territorial authority or regional council and any associated election,—

(a)        the district of the territorial authority is to be divided into 1 or more Māori wards; or

(b)       the region of the regional council is to be divided into 1 or more Māori constituencies.

19ZG

Effect of poll

(1)        Subsection (2) applies to a poll held in conjunction with a triennial general election or held after that election but not later than 21 May in the year immediately before the year in which the next triennial general election is to be held.

(2)        If the result of a poll to which this subsection applies requires the division of the district of a territorial authority into 1 or more Māori wards, or the division of the region of a regional council into 1 or more Māori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,—

(a)        in the case of a territorial authority, for the next 2 triennial general elections of the territorial authority, and any associated election; and

(b)       in the case of a regional council, for the next 2 triennial general elections of the regional council, and any associated election; and

(c)        for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.

(3)        Subsection (4) applies to a poll held at some other time.

(4)        If the result of a poll to which this subsection applies requires the division of a territorial authority into 1 or more Māori wards, or the division of the region of a regional council into 1 or more Māori constituencies, that district or region must be divided into those wards or constituencies, as the case requires,—

(a)        in the case of a territorial authority, for the next but one triennial general election and the following triennial general election of the territorial authority, and any associated election; and

(b)       in the case of a regional council, for the next but one triennial general election and the following triennial general election of the regional council, and any associated election; and

(c)        for all subsequent triennial general elections, elections to fill extraordinary vacancies, and elections called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, until a further resolution under section 19Z takes effect or a further poll held under section 19ZF takes effect, whichever occurs first.

(5)      This section is subject to clauses 2(5) and 4(4) of Schedule 1A.

19ZH

Basis of election of territorial authority and regional council

If, for the purpose of a triennial general election,—

(a)        a district of a territorial authority is required to be divided into 1 or more Māori wards; or

(b)        a region of a regional council is required to be divided into 1 or more Māori constituencies,—

the provisions of this Part (other than those of sections 19B, 19G, and 19J, and those of this section) are subject to the provisions of Schedule 1A.

24A

Electors of Māori wards

(1)        In the case of a triennial general election, every residential elector of a district who, on the day before polling day for the election,—

(a)        is registered as a parliamentary elector at an address within a Māori ward; and

(b)       is registered as an elector of a Māori electoral district,—  is, at that triennial general election, an elector of that Māori ward.

(2)        In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a district—

(a)        whose entitlement as an elector arises in respect of property in a Māori ward; and

(b)       who is registered as an elector of a Māori electoral district,— is, at that general election, an elector of that Māoriward.

(3)        In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every residential elector of a district who, on the day before polling day for the election,—

(a)        is registered as a parliamentary elector at an address within a Māori ward; and

(b)       is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori ward.

(4)        In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every person who, on the day before polling day for the election, is a ratepayer elector of a district—

(a)        whose entitlement as an elector arises in respect of property in a Māori ward; and

(b)       who is registered as a elector of a Māori electoral district is, at the election, an elector of that Māori ward.,—

24B

Voting rights at triennial general election of territorial authority

(1)        A person who, under section 24A, is an elector of a Māori ward of a territorial authority is, at a triennial general election,—

(a)        entitled to vote—

(i)         at the election of the mayor; and

(ii)        at the election of the member or members who will represent that Māori ward; and

(iii)       at the election of the member or members (if any) to be elected to represent the whole of the district; and

(iv)       at the election of the member or members of the appropriate community board (if any) situated within or partly within the Māori ward; but

(b)       not entitled to vote at the election of the member or members who will represent any other ward of the territorial authority.

(2)        No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Māori ward of that territorial authority.

24C

Voting rights at election to fill extraordinaryvacancyin respect of Māoriward

(1)        A person who, under section 24A, is an elector of a Māori ward of a territorial authority is, at any election to fill an extraordinary vacancy in the office of a member who represents that Māori ward, entitled to vote at that election.

(2)        No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Māori ward of that territorial authority.

24D

Electors of Māori constituencies

(1)        In the case of a triennial general election, every residential elector of a region who, on the day before polling day for the election,—

(a)        is registered as an elector at an address within a Māori constituency; and

(b)       is registered as an elector of a Māori electoral district,—

is, at that triennial general election, an elector of that Māori constituency.

(2)        In the case of a triennial general election, every person who, on the day before polling day for the election, is a ratepayer elector of a region—

(a)        whose entitlement as an elector arises in respect of property in a Māori constituency; and

(b)       who is registered as an elector of a Māori electoral district,—

is, at that triennial general election, an elector of that Māori constituency.

(3)        In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every residential elector of a region who, on the day before polling day for the election,—

(a)        is registered as a parliamentary elector at an address within a Māori constituency; and

(b)       is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori constituency.

(4)        In the case of an election to fill an extraordinary vacancy or an election called under section 255(1)(b) or Schedule 15 of the Local Government Act 2002, every person who, on the day before polling day for the election, is a ratepayer elector of the region—

(a)        whose entitlement as an elector arises in respect of property in a Māori constituency; and

(b)       who is registered as an elector of a Māori electoral district,— is, at that election, an elector of that Māori constituency.

24E

Voting rights at triennial general election of regional council

(1)        A person who, under section 24D, is an elector of a Māori constituency of a regional council is, at a triennial general election,—

(a)        entitled to vote at the election of the member or members who will represent that constituency; but

(b)       not entitled to vote at the election of the member or members who will represent any other constituency of the regional council.

(2)        No other person is entitled, at a triennial general election, to vote at the election of the member or members who will represent that Māori constituency of that regional council.

24F

Voting rights at election to fill extraordinaryvacancyin respect of Māori constituency

(1)        A person who, under section 24D, is an elector of a Māori constituency of a regional council is, at any election to fill an extraordinary vacancy in the office of a member who represents that Māori constituency, entitled to vote at that election.

(2)        No other person is entitled to vote at any election to fill an extraordinary vacancy in the office of a member who will represent that Māori constituency of that regional council.

Schedule 1A

Provisions relating to Māoriwards and Māori constituencies

Clause 1

Reviewof representation arrangements for election of territorial authority

(1)        If, for the purposes of a triennial general election, a district of a territorial authority (being a district that is not already divided into 1 or more Māori wards) is required to be divided into 1 or more Māori wards, the territorial authority must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19H.

(2)        That determination must be made as if the territorial authority were required by section 19H to determine by resolution, in accordance with Part 1A,—

(a)        the proposed number of members of the territorial authority (other than the mayor); and

(b)       whether—

(i)         all of the proposed members of the territorial authority (other than the mayor) are to be separately elected by the electors of 1 or more Māori wards and the electors of 1 or more general wards; or

(ii)        some of the proposed members of the territorial authority (other than the mayor) are to be elected by the electors of the district as a whole and some to be elected separately by the electors of 1 or more Māori wards and 1 or more general wards, and, if so, what number of members are to be elected by electors of the district as a whole, and what number are to be elected separately.

(c)        the proposed number of members of the territorial authority to be elected by the electors of 1 or more Māori wards; and

(d)       the proposed number of members of the territorial authority to be elected by electors of 1 or more general wards; and

(e)        the proposed name and the proposed boundaries of each ward; and

(f)        the number of members proposed to be elected by the electors of each Māori ward; and

(g)       the number of members proposed to be elected by the electors of each general ward.

(3)        This clause does not limit section 19B(1).

Clause 2

Calculation of number ofMāori and generalward members

(1)        The number of members to be elected by the electors of 1 or more Māori wards of the district of a territorial authority (Māori ward members) is to be determined in accordance with the following formula:

 

where—

nmm is the number of Māori ward members;

mepd is the Māori electoral population of the district;

gepd is the general electoral population of the district; and

nm is the proposed number of members of the territorial authority (other than the mayor).

(2)        If a determination is made under clause 1(2)(b)(ii), the definition of nm in the formula must be applied as if for the words “proposed number of members of the territorial authority (other than the mayor)” there were substituted the words “proposed number of members of the territorial authority (other than the mayor and the members to be elected by electors of the district as a whole)”.

(3)        If the number of the Māori ward members (other than the mayor) calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half. If the fraction exceeds a half, the number of Māori ward members must be the next whole number above the number that includes the fraction.

(4)        The number of members to be elected by the electors of 1 or more general wards is to be determined by subtracting from the proposed number of members of the territorial authority (other than the mayor, or, if the case requires, other than the mayor and the members of the territorial authority to be elected by electors of the district as a whole) the number of Māori ward members, as calculated under subclauses (1) and (3).

(5)        Despite Part 1A and the provisions of this schedule, if the number of Māori ward members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori ward members as so determined is a fraction of the whole number 1 that does not exceed one half),—

(a)        the district must not be divided into 1 or more Māori wards and 1 or more general wards;

(b)       the provisions of clauses 1, 5, and 6 of this schedule must not be applied for the purposes of any determination under section 19H or section 19R.

Clause 3

Reviewof representation arrangements for election of regional council

(1)        If, for the purposes of a triennial general election, a region of a regional council (being a region that is not already divided into 1 or more Māori constituencies) is required to be divided into 1 or more Māori constituencies, the regional council must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19I.

(2)        That determination must be made as if the regional council were required by section 19I to determine by resolution, in accordance with Part 1A,—

(a)        the proposed number of members of the regional council; and

(b)       the proposed number of members of the regional council to be elected by the electors of 1 or more Māori constituencies; and

(c)        the proposed number of members of the regional council to be elected by electors of 1 or more general constituencies; and

(d)       the proposed name and the proposed boundaries of each constituency; and

(e)        the number of members proposed to be elected by the electors of each Māori constituency; and

(f)        the number of members proposed to be elected by the electors of each general constituency.

Clause 4

Calculation of number ofMāori and general constituencymembers

(1)        The number of members to be elected by the electors of 1 or more Māori constituencies of a regional council (Māori constituency members) is to be determined in accordance with the following formula:

 

where—

nmm is the number of Māori constituency members mepr is the Māori electoral population of the region gepr is the general electoral population of the region

nm is the proposed number of members of the regional council.

(2)        If the number of the Māori constituency members calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half. If the fraction exceeds a half, the number of Māori constituency members must be the next whole number above the number that includes the fraction.

(3)        The number of members to be elected by the electors of 1 or more general constituencies is to be determined by subtracting from the proposed number of members of the regional council the number of Māori constituency members, as calculated under subclauses (1) and (2).

(4)        Despite Part 1A and the provisions of this schedule, if the number of Māori constituency members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori constituency members as so determined is a fraction of the whole number 1 that does not exceed one half),—

(a)        the region must not be divided into 1 or more Māori constituencies and 1 or more general constituencies;

(b)       the provisions of clauses 3, 5, and 6 of this schedule must not be applied for the purposes of any determination under section 19I or section 19R.

Clause 6

Supplementaryprovisions regardingwards, constituencies and boundaries

In determining the number of wards and the boundaries of Māori wards, and the number of constituencies and the boundaries of Māori constituencies, a territorial authority or regional council or, as the case may require, the Commission must, in addition to satisfying the requirements of section 19T or section 19U,—

(a)        ensure, to the extent that is reasonably practicable and is consistent with the requirements of paragraph (b), that—

(i)         the ratio of members to Māori electoral population in each Māori ward produces a variance of no more than plus or minus 10% (if 2 or more Māori wards for the district are proposed); and

(ii)        the ratio of members to Māori electoral population in each Māori constituency produces a variance of no more than plus or minus 10% (if 2 or more Māori constituencies for the region are proposed);

(b)        have regard to—

(i)         the boundaries of any existing Māori electoral district; and

(ii)        communities of interest and tribal affiliations.

Clause 7

Population figures

(1)        The Government Statistician must, at the request of a territorial authority or regional council or, if appropriate, the Commission, supply the territorial authority or regional council or the Commission with a certificate—

(a)        specifying the Māori electoral population for the district or region; and

(b)       the general electoral population of the district or region.

 

 

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