Local Government Act 1993 No 30
Historical version for 1 August 2002 to 24 October 2002 (accessed 20 May 2013 at 13:29) Current version
Chapter 9Part 2Division 2

Division 2 The mayor

225   The mayor

An area must have a mayor who is elected in accordance with this Division.

226   What is the role of the mayor?

The role of the mayor is:
•  to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council
•  to exercise such other functions of the council as the council determines
•  to preside at meetings of the council
•  to carry out the civic and ceremonial functions of the mayoral office.

227   Who elects the mayor?

The mayor of an area is the person elected to the office of mayor by:
(a)  the councillors from among their number, unless there is a decision in force under this Division which provides for the election of the mayor by the electors, or
(b)  the electors, if such a decision is in force.
Note. As to the election of the mayor, see also section 282.

228   How is it decided that the mayor be elected by the electors?

(1)  It may be decided at a constitutional referendum that the mayor be elected by the electors.
(2)  A decision that the mayor be elected by the electors takes effect in relation to the next ordinary election after the decision is made.

229   Can the decision be changed?

(1)  A decision that the mayor be elected by the electors is rescinded only if a constitutional referendum decides in favour of discontinuing that means of election.
(2)  The rescission takes effect in relation to the next ordinary election after the rescission occurs.

230   For what period is the mayor elected?

(1)  A mayor elected by the councillors holds the office of mayor for 1 year, subject to this Act.
(2)  A mayor elected by the electors holds the office of mayor for 4 years, subject to this Act.
(3)  The office of mayor:
(a)  commences on the day the person elected to the office is declared to be so elected, and
(b)  becomes vacant when the person’s successor is declared to be elected to the office, or on the occurrence of a casual vacancy in the office.
(4)  A person elected to fill a casual vacancy in the office of mayor holds the office for the balance of the predecessor’s term.

231   Deputy mayor

(1)  The councillors may elect a person from among their number to be the deputy mayor.
(2)  The person may be elected for the mayoral term or a shorter term.
(3)  The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.
(4)  The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.
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