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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 8 January 2019 to date (accessed 22 April 2019 at 12:09)
Chapter 10 Part 3
Part 3 What is the system of election?
278   Election of councillors for an area not divided into wards
The councillors for an area that is not divided into wards are to be elected by an electorate comprising all the electors for the area.
279   Alternative methods for election of councillors for an area divided into wards
(1)  The councillors for an area that is divided into wards are to be elected in accordance with either section 280 or 281.
(2)  The method of election under section 280 (method 1) is to apply unless a decision made at a constitutional referendum is in force which:
(a)  requires the method of election under section 281 (method 2) to apply, and
(b)  specifies the number of councillors each of whom is to be elected by an electorate comprising all the electors for a ward and the number of councillors (if any) each of whom is to be elected by an electorate comprising all the electors for the area.
280   Ward election of councillors—method 1
(1)  Each councillor for an area that is divided into wards may be elected by an electorate comprising all the electors for a ward.
(2)  The same number of councillors is to be elected for each ward. The mayor is to be excluded when determining that number if the mayor is to be elected by all the electors for the area.
(3)  The same person is not to be a candidate for election as a councillor by the electors for more than one ward, unless the election is for the mayor as such.
281   Election of councillors partly by wards, partly by area—method 2
(1)  The councillors for an area that is divided into wards may be elected:
(a)  as to some of them—each by an electorate comprising all the electors for a ward, and
(b)  as to the others—by an electorate comprising all the electors for the area.
(2)  The same number of councillors is to be elected for each ward. The mayor is to be excluded when determining that number if the mayor is to be elected by all the electors for the area.
(3)  If a person is a candidate for election as a councillor by the electors for a ward, the person must not at the same time be a candidate for election as a councillor by the electors for another ward or a candidate for election as a councillor by all the electors for the area, unless the election is for the mayor as such.
282   Election of mayor
(1)  The mayor of an area who is to be elected by the electors is to be elected by an electorate comprising all the electors for the area, even if the area is divided into wards.
(2)  The mayor of an area who is to be elected by the councillors for the area is to be elected by the councillors from among their number.
(3)  A mayor elected for an area is one of the councillors of the council for the area.
283   Double candidature
(1)  A person may be a candidate for election as mayor and a candidate for election as a councillor at the same time.
(2)  If a person is elected by the electors as mayor and the person is also a candidate for election as a councillor, the votes cast for the person as a councillor are not to be counted for that person but are to be distributed as prescribed by the regulations.
(3)    (Repealed)
284   Voting system for election of the mayor by all the electors of the area
The voting system in a contested election of the mayor by all the electors of the area is to be optional preferential.
285   Voting system for election of councillors
The voting system in a contested election of a councillor or councillors is to be:
(a)  optional preferential, if only one councillor is to be elected, or
(b)  proportional, if 2 or more councillors are to be elected.
286   Is voting compulsory?
Whichever voting system applies, electors on the residential roll must vote at a contested election unless exempt from voting under this Act. Electors on the non-residential roll or the roll of occupiers and ratepaying lessees may vote, but are not required to vote.