The Act on the Mayor
The following are the primary Sections of the Local Government Act that apply to the election of the mayor.
| Chapter 9 | How are councils established? |
| Introduction. This Chapter contains provisions dealing separately with the constitution of land as a local government area and the constitution of a council to manage that area. It enables the making of changes to those areas and to councils. It provides for the dissolution of councils and the appointment of administrators. |
| Each council is a statutory corporation. The councillors are the governing body of the corporation and they have the responsibility of directing and controlling the affairs of the council in accordance with this Act. |
| The Chapter includes a statement of the role of the mayor and of a councillor. |
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| An area must have a mayor who is elected in accordance with this Division. |
| 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| (1) | A decision that the mayor be elected by the electors is rescinded only if a constitutional referendum decides in favour of discontinuing that means of election.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. |
| Chapter 10 | How are people elected to civic office? |
| Introduction. This Chapter deals with the election of persons to civic office. Those qualified for civic office are elected for 4-year terms under a system which is preferential (wherever 1 or 2 positions must be filled) and proportional (wherever 3 or more positions must be filled). Voting is compulsory for residents but optional for non-resident ratepayers, occupiers and ratepaying lessees. Elections are conducted under the supervision of the Electoral Commissioner. |
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| The mayor may be popularly elected or elected by the councillors from among their number. The choice of method depends on a constitutional referendum as referred to in sections 228 and 229. A popularly-elected mayor holds office for 4 years and is a councillor by virtue of being mayor. A mayor elected by the councillors holds office for 1 year. In each case, the mayor votes as mayor, not as a councillor, at council meetings. (See Chapter 9.) |
| (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. |
