Act Repealed Latest version as at 30 August 1971 (as enacted) | 1971 No 5

Hutt River Board (Cancellation of Election) Act 1971

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Contents

Preamble

Short Title

Cancellation of election and continuance in office of members

Extraordinary vacancies

Election to be held under certain circumstances

Hutt River Board (Cancellation of Election) Act 1971

Local Act		1971 No 5
Date of assent		30 August 1971

	Title
	Preamble
1	Short Title
2	Cancellation of election and continuance in office of members
3	Extraordinary vacancies
4	Election to be held under certain circumstances

An Act to provide for the cancellation of the next triennial election of members of the Hutt River Board

WHEREAS the next triennial election of members of the Hutt River Board is, under the River Boards Act 1908 and the Local Elections and Polls Act 1966, required to be held on the 9th day of October 1971: And whereas it is proposed, by an Act of Parliament, to abolish the Hutt River Board on the expiry of the 29th day of February 1972: And whereas it is expedient to provide that the next triennial election of members of the Hutt River Board shall not be held and to provide for the members of the Board to continue in office until the Board is abolished: And whereas, if the Hutt River Board is not so abolished by an Act of Parliament passed before the 1st day of January 1972, it is expedient to provide for a general election of members of the Board to be held on or before the 28th day of October 1972:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Hutt River Board (Cancellation of Election) Act 1971.

2 Cancellation of election and continuance in office of members

Notwithstanding anything in the River Boards Act 1908 or the Local Elections and Polls Act 1966, but subject to section 4 of this Act—

(a)

The triennial election of members of the Hutt River Board due to be held on the 9th day of October 1971 shall not be held:

(b)

Every person who, on the passing of this Act, is a member of the Hutt River Board shall, subject to section 34 of the River Boards Act 1908, continue to hold office as a member of the Board until the expiry of the 29th day of February 1972.

3 Extraordinary vacancies

Notwithstanding anything in the River Boards Act 1908 or the Local Elections and Polls Act 1966, on the occurrence of an extraordinary vacancy in the office of a member of the Hutt River Board on or after the passing of this Act and before the 29th day of February 1972, the Board may by resolution determine—

(a)

That the vacancy shall not be filled; or

(b)

That the vacancy shall be filled by the appointment by the Board of a person who, but for the passing of this Act, would be qualified to be elected as a member of the Board.

4 Election to be held under certain circumstances

(1)

In the event of the Hutt River Board not being abolished, on or before the 29th day of February 1972, by an Act of Parliament passed before the 1st day of January 1972, a general election of members of the Board shall be held on or before the 28th day of October 1972, and the Returning Officer of the Board shall take such action as may be necessary for the holding of the election on or before that date.

(2)

If an election is to be held under subsection (1) of this section, the provisions of the Local Elections and Polls Act 1966 and of the River Boards Act 1908 shall, so far as they are applicable and with the necessary modifications, apply in respect of that election as if it were a triennial general election of members of the Board.

(3)

If an election is to be held under subsection (1) of this section—

(a)

Every person who, immediately before the expiry of the 29th day of February 1972, is a member of the Board shall, subject to section 34 of the River Boards Act 1908, continue to hold office as a member of the Board until the members elected at that election come into office; and

(b)

Section 3 of this Act shall be read as if there were substituted for the words “29th day of February 1972” the words “members elected at the election held under section 4 of this Act come into office”.

Hutt River Board (Cancellation of Election) Act 1971