[Sections 2.11(1)(b) and 2.15]
Division 1 — Mayors and presidents
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.
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
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).]
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).]
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).]