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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 21 June 2019 at 01:03)
Chapter 10 Part 5
Part 5 How are casual vacancies filled?
291   By-elections
If a casual vacancy occurs in a civic office, the office is to be filled by a by-election, subject to this Part.
Note.
 The circumstances in which casual vacancies occur are specified in Chapter 9.
291A   Countback to be held instead of by-election in certain circumstances
(1)  This section applies to a casual vacancy in the office of a councillor if:
(a)  the casual vacancy occurs within 18 months after the date of the last ordinary election of the councillors for the area, and
(b)  the council has at its first meeting following that ordinary election of councillors, by resolution, declared that any such casual vacancy is to be filled by a countback of votes cast at the last election for that office.
(2)  This section does not apply to a casual vacancy in the office of a councillor if the councillor who vacated office was elected:
(a)  in an election using the optional preferential voting system (including the election of a mayor elected by the electors of an area), or
Note.
 See section 285 (Voting system for election of councillors).
(b)  in an election without a poll being required to be held.
Note.
 See section 311 (Uncontested elections).
(3)  A casual vacancy to which this section applies is to be filled by a countback election conducted in accordance with the regulations.
(4)  A countback election to fill a casual vacancy to which this section applies must be conducted:
(a)  by the returning officer who conducted the election at which the person whose departure created the casual vacancy was elected, or
(b)  if that is not possible, by the substitute returning officer at that election, or
(c)  if that is not possible, by a returning officer appointed in accordance with this Act.
(5)  If a countback election fails or the returning officer is otherwise unable to fill the casual vacancy by a countback election:
(a)  the returning officer must notify the general manager of the council concerned, and
(b)  a by-election in accordance with this Part must be held to fill the casual vacancy.
(6)  This section does not apply to a casual vacancy in the office of a councillor if the vacancy occurs before the day prescribed for the purposes of this section by the regulations.
292   When is a by-election to be held?
A by-election to fill a casual vacancy in the office of a councillor or a mayor elected by the electors of an area is to be held on a Saturday that:
(a)  falls not later than 3 months after the vacancy occurs, and
(b)  is fixed by the general manager (in relation to an election administered by the general manager) or the Electoral Commissioner (in relation to an election administered by the Electoral Commissioner).
293   Delayed by-elections
(1)  If the Minister is of the opinion that it would be impractical or inconvenient to hold a by-election as provided by section 292, the Minister may, by order published in the Gazette, appoint a subsequent Saturday for the by-election.
(2)  The subsequent Saturday must not be more than 28 days later than the day when the by-election should have been held.
294   Dispensing with by-elections
(1)  This section applies if a casual vacancy occurs in the office of a councillor, including a mayor elected by the electors of an area, within 18 months before the date specified for the next ordinary election of the councillors for the area.
(2)  If such a casual vacancy occurs in the office of a councillor (but not the office of a mayor elected by the electors), the Minister may, on the application of the council:
(a)  order that the vacancy not be filled, or
(b)  order the holding on a stated day of a by-election to fill the vacancy and revoke any earlier order made under paragraph (a).
(3)  If such a casual vacancy occurs in the office of a mayor elected by the electors, the casual vacancy is to be filled by the Governor appointing to the vacant office a councillor nominated by the council.
(4)  If the council does not nominate a councillor for the purposes of subsection (3), the Governor may appoint one of the councillors to the vacant office.
294A   Casual vacancy not to be filled where councillor numbers reduced
(1)  A casual vacancy in the office of a councillor (but not a mayor elected by the electors) is not to be filled if the Minister has approved an application under section 224A to reduce the number of councillors but the reduction has not yet taken effect.
(2)  However, subsection (1) does not authorise a vacancy to remain unfilled if the vacancy will result in the council having less councillors than the reduced number approved by the Minister under section 224A.
(3)  Subsection (1) applies to a casual vacancy whether occurring before or after the commencement of this section or before or after the approval of the relevant application under section 224A.
294B   Casual vacancy not to be filled where councillor numbers reduced—approved by constitutional referendum
(1)  Despite section 17 (2), a casual vacancy in the office of a councillor (but not a mayor elected by the electors) is not to be filled if a constitutional referendum has approved a reduction in the number of councillors but the reduction has not yet taken effect.
(2)  However, subsection (1) does not authorise a vacancy to remain unfilled if the vacancy will result in the council having less councillors than the reduced number approved by the constitutional referendum.
(3)  Subsection (1) applies to a casual vacancy whether occurring before or after the commencement of this section or before or after the constitutional referendum.
295   Casual vacancy in office of mayor elected by the councillors
(1)  If a casual vacancy occurs in the office of a mayor elected by the councillors, the vacancy is to be filled at a meeting of the council to be held within 14 days after the occurrence of the vacancy.
(2)  If the councillors fail to elect a mayor as required by this section, the Governor may appoint one of the councillors as the mayor.