Clause 3 provides that Part 1 amends the Local Electoral Act 2001 (the Act).

Clause 4 amends section 5, which relates to the interpretation of the Act, by inserting new definitions. The new definitions relate to other amendments that the Bill makes to Part 1A and Schedule 1A of the Act.

Clause 5 amends section 9 of the Act. Section 9 allows a local authority to direct the electoral officer to conduct a referendum on any matter relating to the local authority’s services or policies or any proposal relating to the local authority’s activities or objectives or the well-being of its local government area. The amendment provides that a referendum relating to a review of representation arrangements is not binding on a local authority.

Clauses 6 and 7 amend sections 19C and 19E of the Act, which relate to the basis of elections of members of a territorial authority and members of a regional council. The amendments re-enact section 19ZH and provide that the other provisions of Part 1A (other than sections 19B, 19G, and 19J) are subject to Schedule 1A if a district or a region is to be divided into 1 or more Māori wards or Māori constituencies for a triennial general election. The purpose of moving the provisions from section 19ZH is to place them closer to other provisions that deal with electing members to represent wards or constituencies.

Clause 8 inserts new sections 19GA and 19GB.

New section 19GA deals with resolutions by territorial authorities and regional councils about whether representation arrangements should include members who are only elected by electors who are on the Māori electoral roll (specific Māori representation). New section 19GA(1) and (2) requires territorial authorities and regional councils to make a determination about specific Māori representation, before reviewing representation arrangements under section 19H or 19I, if their district or region did not have any Māori wards or Māori constituencies at the previous 2 triennial elections. New section 19GA(3) and (4) allows territorial authorities and regional councils to make a determination about specific Māori representation, before reviewing representation arrangements under section 19H or 19I, if their district or region had 1 or more Māori wards or Māori constituencies at the previous 2 triennial elections. Before making a determination about specific Māori representation, territorial authorities and regional councils must engage with Māori and other communities of interest in their district or region and have regard to the views of those communities. A determination must be made no later than 20 December of the year that is 2 years before the next triennial general election. Territorial authorities and regional councils must give public notice of a resolution about specific Māori representation within 14 days after making the resolution.

New section 19GB deals with the effect of a resolution under new section 19GA relating to specific Māori representation. If a territorial authority or regional council resolves that representation arrangements should include specific Māori representation, the subsequent review of representation arrangements must include a proposal to establish 1 or more Māori wards or Māori constituencies and 1 or more general wards or general constituencies. In addition, the proposed number of members of the territorial authority or regional council must be sufficient to allow for 1 or more Māori ward members or Māori constituency members. If a territorial authority or regional council resolves that representation arrangements should not include specific Māori representation, the subsequent review of representation arrangements must not include a proposal to establish any Māori wards or Māori constituencies.

Clauses 9 and 10 amend sections 19H and 19I of the Act, which require territorial authorities and regional councils to review representation arrangements and determine certain matters. Territorial authorities and regional councils were required to make the first determination of those matters in either 2003 or 2006 and are required to make subsequent determinations at least once in every period of 6 years after the year in which the first determination was made. Clauses 9(1) and 10(1) identify the matters under clauses 1 and 3 of Schedule 1A that must be determined when a territorial authority or regional council has resolved under new section 19GA that the representation arrangements should include specific Māori representation. Clauses 9(2) and 10(2) change the timing requirement for subsequent determinations by setting the start of each 6-year period by reference to the year in which the territorial authority or regional authority made its previous determination, instead of the year of the first determination. Clauses 9(3) and 10(3) make consequential amendments to sections 19H(3) and 19I(3).

Clause 11 inserts new section 19JAA. New section 19JAA allows a unitary authority, in certain situations, to propose changes to the boundaries of local board areas within its district as part of a review of representation arrangements. The requirements for the proposed boundary changes include that the population affected by those changes must not exceed the population transfer limit, which will be set by regulations. A unitary authority can choose to use the procedures for local government reorganisation under the Local Government Act 2002 to change the boundaries of local board areas instead of proposing boundary changes through a review of representation arrangements.

Clause 12 amends section 19K of the Act, which sets out the requirements that apply to resolutions relating to reviews of representation arrangements. The amendments extend these requirements to resolutions made under new section 19JAA and change the time frame for making resolutions that affect the next triennial general election of members of a territorial authority, regional council, local board, or community board. If a district or region is already divided into 1 or more Māori wards or Māori constituencies, the resolutions must be passed no earlier than 20 December in the year that is 2 years before the year of the election (the election year) and no later than 31 July in the year before the election year. The same time frame applies if a territorial authority or regional council resolves under new section 19GA that the representation arrangements should not include specific Māori representation. If a district or region is not already divided into 1 or more Māori wards or Māori constituencies and the territorial authority or regional council has resolved that the representation arrangements should include specific Māori representation, the time frame for making the resolutions relating to reviews of representation arrangements begins earlier. In that situation, the resolutions can be made as soon as the territorial authority or the regional council has given public notice of the resolution about specific Māori representation.

Clauses 13 to 19 amend sections 19L to 19R of the Act. Sections 19L to 19R provide requirements in relation to the following matters:

• distribution of copies of resolutions made by a territorial authority or regional council under section 19H, 19I, or 19J:

• public notification of the proposals in the resolutions:

• submissions on the proposals:

• appeals against the proposals:

• objections to any amended proposals.

The amendments extend those requirements to resolutions made under new section 19JAA and also change the time frame within which a territorial authority or regional council must consider submissions and give public notice of its proposals. The new time frame ends on 20 November of the year that is immediately before the year of the next triennial general election, instead of 6 weeks after the close of the period for making submissions.

Clauses 20 and 21 amend sections 19T and 19U of the Act to reflect amendments made by clauses 9 and 10 to sections 19H and 19I of the Act.

Clause 22 repeals section 19Z of the Act and the cross-heading above it.

Clause 23 repeals section 19ZH of the Act.

Clause 24 amends section 55 of the Act to allow an electoral officer to approve the manner in which a person in New Zealand who is being nominated as a candidate can give the required consent and certification for their nomination. Section 55 currently requires a person who is in New Zealand to give that consent and certification in writing.

Clause 25 amends the heading to Part 4 of the Act to reflect that some recounts will not relate to disputed elections.

Clause 26 amends section 90 of the Act. The amendments change the deadline for a candidate’s application for a recount to 3 working days, instead of 3 days, after the public declaration of the number of votes received. The amendments also change the heading to section 90 to reflect that this section relates to an application by a candidate.

Clause 27 inserts new section 90A. New section 90A requires an electoral officer to apply for a recount if 2 or more candidates receive the same number of votes in an election. The application must be made before the official results are declared.

Clause 28 repeals section 92(4) of the Act as this provision is moved into new section 92A.

Clause 29 inserts new sections 92A and 92B. New section 92A re-enacts section 92(4) and provides that a District Court Judge may order the local authority to pay for costs if a local electoral officer applied for a recount and the Judge considers it would be just and reasonable for the local authority to pay for costs. New section 92B allows a candidate to withdraw from the election if votes are still tied after a recount, and sets out the manner and deadline for withdrawing as a candidate.

Clause 30 amends section 148 of the Act to correct an error in the compare note.

Clause 31 makes consequential amendments to Schedule 1 and inserts new Part 2 of Schedule 1, which relates to transitional and savings provisions.

Clause 32 amends Schedule 1A of the Act, which sets out requirements that apply if a district or region is to be divided into 1 or more Māori wards or Māori constituencies for the purposes of a triennial general election. Clause 32(1) makes a consequential amendment to the heading of Schedule 1A. Clause 32(2) amends clauses 1 and 3 of Schedule 1A to change the deadline for making resolutions under section 19H or 19I to establish 1 or more Māori wards or Māori constituencies in a district or region. The deadline is changed from 31 August to 31 July in the year immediately before the election year. Clause 32(3) and (6) amends clauses 1(2) and 3(2) of Schedule 1A of the Act to reflect amendments made by clauses 9 and 10 to sections 19H and 19I of the Act. Clause 32(4), (7), (11), and (12) amends clauses 2, 4, 6, and 7 of Schedule 1A of the Act to allow territorial authorities, regional councils, and the Local Government Commission to use estimates of the Māori electoral population and the general electoral population that are more recent than figures from the last census when making determinations about Māori wards or Māori constituencies. Clause 32(5) and (8) amends Schedule 1A of the Act to provide that the calculations in clauses 2 and 4 of that schedule are subject to the requirement in new section 19GB(1)(c), which relates to the proposed number of members of the territorial authority or regional council. Clause 32(9) and (10) amends clause 6 of Schedule 1A to require territorial authorities, regional councils, and the Local Government Commission to have regard to rohe of iwi and hapū, instead of tribal affiliations, when determining the number of wards or constituencies and the boundaries of Māori wards or Māori constituencies.

Clause 33 provides for minor and consequential amendments to be made to the Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001 and the Local Electoral Regulations 2001 as set out in Schedule 2.

Clause 34 provides that Part 2 amends the Local Government Act 2002 (the Act).

Clause 35 amends section 24 of the Act, which specifies the scope of local government reorganisation and provides that Schedule 3 of the Act applies in relation to local government reorganisation. The amendments provide that new Schedule 3A, instead of Schedule 3, applies if the local government reorganisation only provides for certain matters related to local board areas within a unitary authority’s district. The amendments also provide that the provisions relating to local government reorganisation do not apply to an alteration of local board area boundaries proposed by a unitary authority in accordance with new section 19JAA of the Local Electoral Act 2001 (as inserted by clause 11).

Clauses 36 to 40 amend provisions of the Act that contain cross-references to clauses in Schedule 3, which deals with the procedures for local government reorganisation. The amendments add cross-references to the equivalent clauses in new Schedule 3A (as inserted by clause 43).

Clauses 41 and 42 amend section 225 and Schedule 3 of the Act to remove a redundant cross-reference and correct a typographical error.

Clause 43 inserts new Schedule 3A. New Schedule 3A sets out the procedures for a local government reorganisation that only provides for certain matters related to local board areas within a unitary authority’s district.

Clause 44 amends Schedule 7 of the Act, which includes requirements that apply to meetings of a local authority. The amendments provide that where an application for a recount has been filed in relation to a triennial general election, the first meeting of the local authority after the election must be called after that recount has been completed and the elected candidates are known. The amendments also allow the chief executive of a local authority to call an urgent meeting before the first meeting of the local authority in certain circumstances. The chief executive may call an urgent meeting before the outcome of a recount is known if an event occurs that, in the opinion of the chief executive, requires the local authority to deal with a matter urgently. The amendments specify the persons who can participate in an urgent meeting, who chairs the meeting, and the business that can be conducted at the meeting. The amendments also correct a typographical error in clause 21 of Schedule 7 of the Act.

Clause 45 amends Schedule 10 of the Act to correct a reference.

Clause 46 provides that Part 3 amends the Local Government (Auckland Council) Act 2009 (the Act).

Clause 47 amends section 8 of the Act to align the restriction on the number of members of the Auckland Council with the restriction that applies to other territorial authorities. The amendment will replace the current fixed number of 21 members (1 mayor and 20 other members) with a number of members that is no fewer than 6 and no more than 30 (1 mayor and 5 to 29 other members).