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LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.3

[Sections 2.11(1)(b) and 2.15]

Division 1 — Mayors and presidents

1 .         Terms used

                In this Division —

        extraordinary vacancy means a vacancy that occurs under section 2.34(1);

        office means the office of councillor mayor or president.

2 .         When council elects mayor or president

        (1)         The office is to be filled as the first matter dealt with —

            (a)         at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and

            (b)         at the first meeting of the council after an extraordinary vacancy occurs in the office.

        (2)         If the first ordinary meeting of the council is more than 3 weeks after an extraordinary vacancy occurs in the office, a special meeting of the council is to be held within that period for the purpose of filling the office.

3 .         CEO to preside

                The CEO is to preside at the meeting until the office is filled.

4 .         How mayor or president is elected

        (1)         The council is to elect a councillor to fill the office.

        (2)         The election is to be conducted by the CEO in accordance with the procedure prescribed.

        (3)         Nominations for the office are to be given to the CEO in writing before the meeting or during the meeting before the close of nominations.

        (3a)         Nominations close at the meeting at a time announced by the CEO, which is to be a sufficient time after the announcement by the CEO that nominations are about to close to allow for any nominations made to be dealt with.

        (4)         If a councillor is nominated by another councillor the CEO is not to accept the nomination unless the nominee has advised the CEO, orally or in writing, that he or she is willing to be nominated for the office.

        (5)         The councillors are to vote on the matter by secret ballot as if they were electors voting at an election.

        (6)         Subject to clause 5(1), the votes cast under subclause (5) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 (which deals with determining the result of an election) as if those votes were votes cast at an election.

        (7)         As soon as is practicable after the result of the election is known, the CEO is to declare and give notice of the result in accordance with regulations, if any.

        [Clause 4 amended: No. 49 of 2004 s. 69(2)-(5); No. 66 of 2006 s. 14.]

5 .         Votes may be cast a second time

        (1)         If when the votes cast under clause 4(5) are counted there is an equality of votes between 2 or more candidates who are the only candidates in, or remaining in, the count, the count is to be discontinued and the meeting is to be adjourned for not more than 7 days.

        (2)         Any nomination for the office may be withdrawn, and further nominations may be made, before or when the meeting resumes.

        (3)         When the meeting resumes the councillors are to vote again on the matter by secret ballot as if they were electors voting at an election.

        (4)         The votes cast under subclause (3) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 as if those votes were votes cast at an election.

Division 2 — Deputy mayors and deputy presidents

6 .         Terms used

                In this Division —

        extraordinary vacancy means a vacancy that occurs under section 2.34(1);

        office means the office of deputy mayor or deputy president.

7 .         When council elects deputy mayor or deputy president

        (1)         If the local government has an elector mayor or president the office of deputy mayor or deputy president is to be filled as the first matter dealt with —

            (a)         at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and

            (b)         at the first meeting of the council after an extraordinary vacancy occurs in the office.

        (2)         If the local government has a councillor mayor or president the office of deputy mayor or deputy president is to be filled —

            (a)         as the next matter dealt with after the mayor or president is elected at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and

            (b)         subject to subclause (3), as the first matter dealt with at the first meeting of the council after an extraordinary vacancy occurs in the office.

        (3)         If at a meeting referred to in clause 2(1)(b) the deputy mayor or deputy president is elected to be the mayor or president, the resulting extraordinary vacancy in the office is to be filled as the next matter dealt with at the same meeting.

8 .         How deputy mayor or deputy president is elected

        (1)         The council is to elect a councillor (other than the mayor or president) to fill the office.

        (2)         The election is to be conducted in accordance with the procedure prescribed by the mayor or president, or if he or she is not present, by the CEO.

        (3)         Nominations for the office are to be given to the person conducting the election in writing before the meeting or during the meeting before the close of nominations.

        (3a)         Nominations close at the meeting at a time announced by the person conducting the election, which is to be a sufficient time after the announcement by that person that nominations are about to close to allow for any nominations made to be dealt with.

        (4)         If a councillor is nominated by another councillor the person conducting the election is not to accept the nomination unless the nominee has advised the person conducting the election, orally or in writing, that he or she is willing to be nominated for the office.

        (5)         The council members are to vote on the matter by secret ballot as if they were electors voting at an election.

        (6)         Subject to clause 9(1) the votes cast under subclause (5) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 as if those votes were votes cast at an election.

        (7)         As soon as is practicable after the result of the election is known, the person conducting the election is to declare and give notice of the result in accordance with regulations, if any.

        [Clause 8 amended: No. 64 of 1998 s. 54(2)-(4); No. 49 of 2004 s. 69(6)-(9).]

9 .         Votes may be cast a second time

        (1)         If, when the votes cast under clause 8(5) are counted, there is an equality of votes between 2 or more candidates who are the only candidates in, or remaining in, the count, the count is to be discontinued and, not more than 7 days later, a special meeting of the council is to be held.

        (2)         Any nomination for the office may be withdrawn, and further nominations may be made, before or when the special meeting is held.

        (3)         When the special meeting is held the council members are to vote again on the matter by secret ballot as if they were voting at an election.

        (4)         The votes cast under subclause (3) are to be counted, and the successful candidate determined, under Schedule 4.1 as if those votes were votes cast at an election.

        [Clause 9 amended: No. 49 of 2004 s. 69(10).]

Division 3 — Validity of elections

        [Heading inserted: No. 49 of 2004 s. 69(11).]

10 .         Term used: election

                In this Division —

        election means an election under this Schedule.

        [Clause 10 inserted: No. 49 of 2004 s. 69(11).]

11 .         Complaints about validity of election

        (1)         A councillor who is dissatisfied with the result of an election or with the way in which an election was conducted may make an invalidity complaint.

        (2)         An invalidity complaint is a complaint that an election is invalid, or that another person should be declared elected.

        [Clause 11 inserted: No. 49 of 2004 s. 69(11).]

12 .         Complaints to go to Court of Disputed Returns

        (1)         An invalidity complaint is to be made to a Court of Disputed Returns, constituted by a magistrate, but can only be made within 28 days after notice is given of the result of the election.

        (2)         Regulations made under section 4.81(2) apply in respect of an invalidity complaint made under this Division in so far as they are capable of being so applied.

        (3)         If the court declares the election to have been invalid —

            (a)         the election is null and void; and

            (b)         any office filled at the election is vacant; and

            (c)         the court is to fix a day for holding any poll needed for a fresh election; and

            (d)         the CEO is to prepare for, conduct and ascertain and declare the result of the fresh election.

        (4)         If the court declares that a person ( candidate A ) ought to have been elected to an office in place of another person ( candidate B ) —

            (a)         candidate B is not to act in that office; and

            (b)         candidate A is to be regarded as having been elected; and

            (c)         notice of candidate A’s election is to be published in accordance with regulations.

        [Clause 12 inserted: No. 49 of 2004 s. 69(11).]

13 .         No appeal

                There is no appeal from a decision of a Court of Disputed Returns.

        [Clause 13 inserted: No. 49 of 2004 s. 69(11).]

14 .         Certain defects do not affect election

                An election is not invalid because of —

            (a)         a failure to do something in connection with the election within the time, or for the period or before the date allowed or required under this Act, so long as the failure does not affect the result of the election; or

            (b)         a formal omission, irregularity or defect in a document, declaration, publication or other thing that a person has made, issued or done in good faith.

        [Clause 14 inserted: No. 49 of 2004 s. 69(11).]

15 .         Regulations about retention and availability of electoral papers

                Regulations made under section 4.84 apply in respect of elections in so far as they are capable of being so applied.

        [Clause 15 inserted: No. 49 of 2004 s. 69(11).]



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