You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (1993 - 30)
Skip to content
Local Government Act 1993 No 30
Current version for 8 January 2019 to date (accessed 27 June 2019 at 05:09)
Chapter 10 Part 6 Division 1
Division 1 Administration of elections
296AA   Councils to plan for administration of elections
(1)  At least 18 months before the next ordinary election of councillors for a council, the council must resolve:
(a)  to enter into an arrangement with the Electoral Commissioner, by contract or otherwise, for the Electoral Commissioner to administer elections of the council (as provided by section 296), or
(b)  that the elections of the council are to be administered by the general manager of the council.
(2)  A resolution referred to in subsection (1) (b) must include the following information:
(a)  whether the general manager intends to administer elections personally or to engage an electoral services provider,
(b)  if the general manager intends to administer elections personally, whether the general manager has identified any persons to be appointed as the returning officer and substitute returning officer for the next ordinary election of councillors and, if so, the names of those persons,
(c)  if the general manager intends to engage an electoral services provider, whether the general manager has identified an electoral services provider to be engaged for the next ordinary election of councillors and, if so, the name of that provider,
(d)  any other information required by the regulations.
(3)  As soon as practicable after the making of a resolution referred to in subsection (1) (b), the general manager of the council must publish a copy of the resolution on the council’s website.
(4)  If a council fails to comply with subsection (1), the general manager of the council must publish a notice of that failure on the council’s website.
296   How elections are to be administered
(1)  Elections for the purposes of this Chapter are to be administered by the general manager of the council concerned, except as provided by this section.
Note.
 Section 18 provides that certain provisions of this Act (relating to the conduct of elections) apply to council polls and constitutional referendums, with such modifications as may be necessary, in the same way as they apply to elections.
(2)  A council can enter into an arrangement (an election arrangement) with the Electoral Commissioner, by contract or otherwise, for the Electoral Commissioner to administer elections of the council as provided by this section. If such an arrangement is entered into, the Electoral Commissioner is to administer elections of the council in accordance with the arrangement.
(3)  An election arrangement for the Electoral Commissioner to administer all elections of a council can be entered into if:
(a)  the council resolves at least 18 months before the next ordinary election of councillors that such an arrangement is to be entered into, and
(b)  the arrangement is entered into no later than 15 months before the next ordinary election of councillors.
(4)  An election arrangement for the Electoral Commissioner to administer a particular election of a council (other than an ordinary election of councillors) can be entered into at any time if the council has resolved that an election arrangement for the election is to be entered into.
(5)  An election arrangement for the Electoral Commissioner to administer an ordinary election of councillors can be entered into less than 15 months before the election if:
(a)  the council has resolved that an election arrangement for the election is to be entered into, and
(b)  the Electoral Commissioner is satisfied that there are exceptional circumstances that make it necessary or desirable for the election to be administered by the Electoral Commissioner.
(6)  An election arrangement for the Electoral Commissioner to administer all elections of a council can be terminated by the council or the Electoral Commissioner at any time after the next ordinary election of councillors (by giving written notice of termination). If the arrangement is not terminated by either party after an ordinary election of councillors, the arrangement is automatically terminated 18 months before the next ordinary election of councillors.
(7)  The Electoral Commissioner is to administer the first election for an area after its constitution. Expenses incurred by the Electoral Commissioner (including the remuneration of election officials) in connection with such an election are to be met by the council and are recoverable from the council as a debt owed to the Electoral Commissioner.
(8)  This section does not apply to an election of the mayor or a deputy mayor by councillors.
296A   Elections administered by a general manager
(1)  This section applies to an election administered by the general manager of a council.
(2)  The general manager is to appoint a returning officer and a substitute returning officer for the election. In the absence of the returning officer, the substitute returning officer is to exercise the functions of the returning officer.
(3)  The returning officer is to appoint one or more electoral officials.
(4)  An employee of a council for an area cannot be appointed as a returning officer or substitute returning officer for that area. However, an electoral official may be an employee of the council.
(5)  A general manager cannot be appointed as a returning officer, substitute returning officer or electoral official for any area.
(6)  For the purpose of conducting an election, the returning officer and substitute returning officer for an area are entitled to access to any relevant records of the council for the area.
(7)  For the purpose of administering an election, the general manager is to:
(a)  appoint the polling places, and
(b)  determine the fees payable to the returning officer, substitute returning officer and electoral officials.
(8)  For the purpose of conducting an election, the returning officer is to determine any matter not provided for by this Act or the regulations.
(9)  Expenses incurred by the returning officer, substitute returning officer and electoral officials in connection with an election are to be met by the council.
(10)  The returning officer and the substitute returning officer must not vote at any election that they are conducting.
296B   Elections administered by the Electoral Commissioner
(1)  This section applies to an election administered by the Electoral Commissioner.
(2)  The Electoral Commissioner is to appoint a returning officer and a substitute returning officer for each area. The returning officer is to conduct elections on behalf of, and under the direction of, the Electoral Commissioner. In the absence of the returning officer, the substitute returning officer is to exercise the functions of the returning officer.
(3)  The returning officer is to appoint one or more electoral officials.
(4)  An employee of a council for an area cannot be appointed as a returning officer or substitute returning officer for that area. However, an electoral official may be an employee of the council.
(5)  For the purpose of conducting an election, the returning officer and substitute returning officer for an area are entitled to access to any relevant records of the council for the area.
(6)  For the purpose of conducting an election, the Electoral Commissioner is to:
(a)  appoint the polling places, and
(b)  determine the fees payable to the returning officer, substitute returning officer and electoral officials, and
(c)  determine any matter not provided for by this Act or the regulations.
(7)  The Electoral Commissioner, the returning officer and the substitute returning officer must not vote at any election that they are conducting.
297   Delegation of functions by the Electoral Commissioner
The Electoral Commissioner may delegate to a person any of the Electoral Commissioner’s functions under this Act, other than this power of delegation.