s 19ZH
Schedule 1A: inserted, on 25 December 2002, by section 49 of the Local Electoral Amendment Act 2002 (2002 No 85).
(1)
If, for the purposes of a triennial general election, a district of a territorial authority (being a district that is not already divided into 1 or more Māori wards) is required to be divided into 1 or more Māori wards, the territorial authority must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19H.
(2)
That determination must be made as if the territorial authority were required by section 19H to determine by resolution, in accordance with Part 1A,—
the proposed number of members of the territorial authority (other than the mayor); and
whether—
all of the proposed members of the territorial authority (other than the mayor) are to be separately elected by the electors of 1 or more Māori wards and the electors of 1 or more general wards; or
some of the proposed members of the territorial authority (other than the mayor) are to be elected by the electors of the district as a whole and some to be elected separately by the electors of 1 or more Māori wards and 1 or more general wards, and, if so, what number of members are to be elected by electors of the district as a whole, and what number are to be elected separately; and
the proposed number of members of the territorial authority to be elected by the electors of 1 or more Māori wards; and
the proposed number of members of the territorial authority to be elected by electors of 1 or more general wards; and
the proposed name and the proposed boundaries of each ward; and
the number of members proposed to be elected by the electors of each Māori ward; and
the number of members proposed to be elected by the electors of each general ward.
(3)
This clause does not limit section 19B(1).
Compare: 2001 No 1 (L) s 5
Schedule 1A clause 1(2)(b)(ii): amended, on 29 June 2013, by section 42 of the Local Electoral Amendment Act 2013 (2013 No 40).
The number of members to be elected by the electors of 1 or more Māori wards of the district of a territorial authority (Māori ward members) is to be determined in accordance with the following formula:
nmm = mepd ÷ (mepd + gepd) × nm
where—
is the number of Māori ward members
is the Māori electoral population of the district
is the general electoral population of the district
is the proposed number of members of the territorial authority (other than the mayor).
If a determination is made under clause 1(2)(b)(ii), the definition of nm in the formula must be applied as if for the words “proposed number of members of the territorial authority (other than the mayor)” there were substituted the words “proposed number of members of the territorial authority (other than the mayor and the members to be elected by electors of the district as a whole)”.
“proposed number of members of the territorial authority (other than the mayor)”
“proposed number of members of the territorial authority (other than the mayor and the members to be elected by electors of the district as a whole)”
If the number of the Māori ward members (other than the mayor) calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half. If the fraction exceeds a half, the number of Māori ward members must be the next whole number above the number that includes the fraction.
(4)
The number of members to be elected by the electors of 1 or more general wards is to be determined by subtracting from the proposed number of members of the territorial authority (other than the mayor, or, if the case requires, other than the mayor and the members of the territorial authority to be elected by electors of the district as a whole) the number of Māori ward members, as calculated under subclauses (1) and (3).
(5)
Despite Part 1A and the provisions of this schedule, if the number of Māori ward members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori ward members as so determined is a fraction of the whole number 1 that does not exceed one half),—
the district must not be divided into 1 or more Māori wards and 1 or more general wards:
the provisions of clauses 1, 5, and 6 of this schedule must not be applied for the purposes of any determination under section 19H or section 19R.
Compare: 2001 No 1 (L) s 6
Schedule 1A clause 2(5): amended, on 28 June 2006, by section 5(1) of the Local Electoral Amendment Act 2006 (2006 No 25).
If, for the purposes of a triennial general election, a region of a regional council (being a region that is not already divided into 1 or more Māori constituencies) is required to be divided into 1 or more Māori constituencies, the regional council must, in the year immediately before the year in which the triennial general election is to be held, but not later than 31 August in the year immediately before the year in which the triennial general election is to be held, make a determination under section 19I.
That determination must be made as if the regional council were required by section 19I to determine by resolution, in accordance with Part 1A,—
the proposed number of members of the regional council; and
the proposed number of members of the regional council to be elected by the electors of 1 or more Māori constituencies; and
the proposed number of members of the regional council to be elected by electors of 1 or more general constituencies; and
the proposed name and the proposed boundaries of each constituency; and
the number of members proposed to be elected by the electors of each Māori constituency; and
the number of members proposed to be elected by the electors of each general constituency.
The number of members to be elected by the electors of 1 or more Māori constituencies of a regional council (Māori constituency members) is to be determined in accordance with the following formula:
nmm = mepr ÷ (mepr + gepr) × nm
is the number of Māori constituency members
is the Māori electoral population of the region
is the general electoral population of the region
is the proposed number of members of the regional council.
If the number of the Māori constituency members calculated under subclause (1) includes a fraction, the fraction must be disregarded unless it exceeds a half. If the fraction exceeds a half, the number of Māori constituency members must be the next whole number above the number that includes the fraction.
The number of members to be elected by the electors of 1 or more general constituencies is to be determined by subtracting from the proposed number of members of the regional council the number of Māori constituency members, as calculated under subclauses (1) and (2).
Despite Part 1A and the provisions of this schedule, if the number of Māori constituency members, as determined in accordance with the method of calculation in this clause, is zero (because the number of Māori constituency members as so determined is a fraction of the whole number 1 that does not exceed one half),—
the region must not be divided into 1 or more Māori constituencies and 1 or more general constituencies:
the provisions of clauses 3, 5, and 6 of this schedule must not be applied for the purposes of any determination under section 19I or section 19R.
Schedule 1A clause 4(4): amended, on 28 June 2006, by section 5(2) of the Local Electoral Amendment Act 2006 (2006 No 25).
In exercising its powers and duties under sections 19H to 19U, and sections 19W to 19Y, a territorial authority or regional council or, as the case may require, the Commission must ensure that any proposal, revised proposal, or determination made under any of those sections is,—
in the case of a territorial authority, consistent with the calculations required by clause 2; and
in the case of a regional council, consistent with the result of the calculations required by clause 4.
If it is proposed to alter the proposed number of members of a territorial authority or regional council at any time after that number is first determined in accordance with clause 1 or clause 3, the territorial authority or regional council or, as the case may require, the Commission must again make, in accordance with the method of calculation specified in clause 2 or the method of calculation specified in clause 4, as the case may require, the determinations required by clause 1 or clause 3.
Subclause (2) does not limit subclause (1).
Compare: 2001 No 1 (L) s 7
In determining the number of wards and the boundaries of Māori wards, and the number of constituencies and the boundaries of Māori constituencies, a territorial authority or regional council or, as the case may require, the Commission must, in addition to satisfying the requirements of section 19T or section 19U,—
ensure, to the extent that is reasonably practicable and is consistent with the requirements of paragraph (b), that—
the ratio of members to Māori electoral population in each Māori ward produces a variance of no more than plus or minus 10% (if 2 or more Māori wards for the district are proposed); and
the ratio of members to Māori electoral population in each Māori constituency produces a variance of no more than plus or minus 10% (if 2 or more Māori constituencies for the region are proposed):
have regard to—
the boundaries of any existing Māori electoral district; and
communities of interest and tribal affiliations.
The Government Statistician must, at the request of a territorial authority or regional council or, if appropriate, the Commission, supply the territorial authority or regional council or the Commission with a certificate—
specifying the Māori electoral population for the district or region; and
the general electoral population of the district or region.
The numbers included in the certificate must be derived from information contained in the most recent report of the Government Statistician to the Surveyor-General and to the other members of the Representation Commission made under section 35(6) of the Electoral Act 1993.
A certificate issued under subclause (1) is conclusive evidence of the information contained in that certificate.
Compare: 2001 No 1 (L) s 9
This schedule is to be read in conjunction with the provisions of the Local Government Act 1974 or the Local Government Act 2002 and the other provisions of this Act, and the provisions of the Local Government Act 1974 or the Local Government Act 2002 and the other provisions of this Act and the provisions of any regulations made under either the Local Government Act 1974 or the Local Government Act 2002 or this Act apply accordingly and with any necessary modifications.
However, if there is any inconsistency between the provisions of this schedule and any provisions of the Local Government Act 1974 or the Local Government Act 2002 or of this Act or of any regulations made under the Local Government Act 1974 or the Local Government Act 2002 or this Act, this schedule prevails.
Compare: 2001 No 1 (L) s 4