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LOCAL GOVERNMENT ACT 1995 - SECT 2.16B

2.16B .         Population estimates

        (1)         The Governor may, on the recommendation of the Minister, by order —

            (a)         specify an estimate of a district’s population; and

            (b)         provide that the specified estimate is taken to be the district’s population for the purposes of sections 2.17 and 2.17A.

        (2)         The order must provide for the provision made under subsection (1)(b) to have effect —

            (a)         on and from an ordinary election day for the local government; or

            (b)         subject to subsection (3), on and from an election day for the local government that is not an ordinary election day.

        (3)         Provision can be made under subsection (2)(b) only if the Minister is satisfied that the provision is appropriate because of particular circumstances.

        Examples for this subsection:

        1.         The offices of members of the council have been declared vacant under section 2.37 and the next election for the local government will be an election under section 4.13.

        2.         The council has been dismissed under section 8.25(1) and the next election for the local government will be an election under section 4.14.

        (4)         Before making a recommendation under subsection (1), the Minister must consult the Government Statistician.

        (5)         An estimate of a district’s population recommended under subsection (1) must be either —

            (a)         an estimate —

                  (i)         that has been published under the Statistics Act 1907 section 14; or

                  (ii)         that has been approved by the Government Statistician in the course of the consultation under subsection (4);

                or

            (b)         an estimate that, in the Minister’s opinion, is substantially derived from statistics or other information —

                  (i)         that has been published under the Statistics Act 1907 section 14; or

                  (ii)         that has been approved by the Government Statistician in the course of the consultation under subsection (4).

        (6)         The Minister must, in consultation with the Government Statistician, review an estimate specified in an order under this section at intervals of no more than 5 years with a view to deciding whether the estimate should be replaced.

        (7)         The Government Statistician must provide the Minister with any assistance requested in the course of a consultation under subsection (4) or (6).

        (8)         In subsections (4) to (7) —

        Government Statistician means the Government Statistician appointed under the Statistics Act 1907 .

        (9)         The Interpretation Act 1984 section 42 applies to an order made under this section as if the order were regulations made under this Act.

        [Section 2.16B inserted: No. 11 of 2023 s. 13.]

        [Heading inserted: No. 11 of 2023 s. 13.]



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