The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

1 Title

This Act is the Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Interpretation

In this Act, unless the context otherwise requires,—

census has the same meaning as in section 3(1) of the Electoral Act 1993

constituency has the same meaning as in section 5(1) of the Local Electoral Act 2001

Council means the Bay of Plenty Regional Council

estimated general electoral population has the same meaning as in section 5(1) of the Local Electoral Act 2001

estimated Māori electoral population has the same meaning as in section 5(1) of the Local Electoral Act 2001

general constituency, in relation to the region, means every constituency of the region that is not a Māori constituency

general electoral population has the same meaning as in section 3(1) of the Electoral Act 1993

Māori constituency means a Māori constituency created in accordance with Part 1

Māori electoral district has the same meaning as in section 3(1) of the Electoral Act 1993

Māori electoral population has the same meaning as in section 5(1) of the Local Electoral Act 2001

region means the Bay of Plenty Region comprising the area delineated on SO Plan 58080 deposited under the Local Government Act 1974.

Section 3 constituency: substituted, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 3 estimated general electoral population: inserted, on 31 August 2023, by section 38 of the Local Government Electoral Legislation Act 2023 (2023 No 57).

Section 3 estimated Māori electoral population: inserted, on 31 August 2023, by section 38 of the Local Government Electoral Legislation Act 2023 (2023 No 57).

Section 3 Māori electoral population: replaced, on 31 March 2023, by section 16(1) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

4 Act to be read with Local Government Act 1974, Local Government Act 2002, and Local Electoral Act 2001

(1)

This Act is to be read in conjunction with the Local Government Act 1974 or the Local Government Act 2002, and the Local Electoral Act 2001, and those Acts and any regulations made under any of those Acts apply accordingly and with any necessary modifications.

(2)

However, if there is any inconsistency between the provisions of this Act and any provisions in any of the other Acts referred to in subsection (1) or any regulations made under any of those Acts, this Act prevails.

Section 4 heading: amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 4(1): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 4(2): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Part 1 Membership of Council at 2004 general election and subsequently

5 Review of membership and basis of election of Council

For the purposes of carrying out the duties imposed by section 19I of the Local Electoral Act 2001, in the year 2003 and in any subsequent year when those duties are required to be undertaken, the Council must first determine—

(a)

the proposed number of members of the Council; and

(b)

the proposed number of members of the Council to be elected by the electors of 1 or more Māori constituencies; and

(c)

the proposed number of members of the Council to be elected by electors of general constituencies.

Section 5: amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

6 Calculation of number of Māori and general constituency members

(1)

The number of members to be elected by the electors of 1 or more Māori constituencies of the Council (Māori constituency members) is to be determined in accordance with the following formula:

where—

nmm: is the number of Māori constituency members
mepr: is the Māori electoral population or estimated Māori electoral population of the region
gepr: is the general electoral population or estimated general electoral population of the region
nm: is the proposed number of members of the Council.

(2)

If the number of the Māori constituency members calculated under subsection (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.

(3)

The number of members to be elected by the electors of the general constituencies is to be determined by subtracting from the proposed number of members of the Council the number of Māori constituency members, as calculated under subsections (1) and (2).

Section 6(1) formula item mepr: amended, on 31 August 2023, by section 38 of the Local Government Electoral Legislation Act 2023 (2023 No 57).

Section 6(1) formula item gepr: amended, on 31 August 2023, by section 38 of the Local Government Electoral Legislation Act 2023 (2023 No 57).

7 Relationship with other provisions

(1)

In exercising its powers and duties under sections 19I to 19Y of the Local Electoral Act 2001, the Council or, as the case may require, the Local Government Commission must ensure that any proposal, revised proposal, or determination made under any of those sections is consistent with the result of the calculations required by section 6.

(2)

If it is proposed to alter the proposed number of members of the Council at any time after that number is first determined in accordance with section 5 and section 19I of the Local Electoral Act 2001, the Council or, as the case may require, the Local Government Commission must again make the determinations required by section 5(a) and (b), in accordance with the method of calculation specified in section 6.

(3)

Subsection (2) does not limit subsection (1).

Section 7(1): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 7(2): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

8 Supplementary provisions regarding constituencies and boundaries

In determining the number of constituencies and boundaries of Māori constituencies, the Council and, if appropriate, the Local Government Commission must, in addition to satisfying the requirements in section 19U of the Local Electoral Act 2001, have regard to—

(a)

the need for the ratio of members to population in each Māori constituency to be similar (if more than 1 Māori constituency for the region is proposed); and

(b)

the boundaries of any existing Māori electoral district; and

(c)

communities of interest and tribal affiliations.

Section 8: amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

9 Population figures

(1)

The Government Statistician must, at the request of the Council or, if appropriate, the Local Government Commission, supply the Council or the Commission with—

(a)

a certificate specifying—

(i)

the Māori electoral population of the region; and

(ii)

the general electoral population of the region; or

(b)

a certificate specifying—

(i)

the estimated Māori electoral population of the region; and

(ii)

the estimated general electoral population of the region.

(2)

The numbers included in the certificate described in subsection (1)(a) must be derived from information contained in the most recent of the reports referred to in clause 7(2) of Schedule 1A of the Local Electoral Act 2001.

(3)

A certificate issued under subsection (1) is conclusive evidence of the information contained in that certificate.

Section 9(1): replaced, on 31 August 2023, by section 38 of the Local Government Electoral Legislation Act 2023 (2023 No 57).

Section 9(2): replaced, on 31 March 2023, by section 16(2) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 9(2): amended, on 31 August 2023, by section 38 of the Local Government Electoral Legislation Act 2023 (2023 No 57).

10 Electors of Māori constituencies

(1)

(a)

entitled to vote at the election of the member or members of that constituency at the triennial general election; but

(3)

Electoral Commission, in this section, means the Electoral Commission established by section 4B of the Electoral Act 1993.

Section 13 heading: amended, on 1 July 2012, by section 61(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 13(1): amended, on 1 July 2012, by section 61(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 13(2): amended, on 1 July 2012, by section 61(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 13(2): amended, on 1 July 2012, by section 61(4) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 13(3): inserted, on 1 July 2012, by section 61(5) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Notes

1 General

This is a consolidation of the Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Local Government Electoral Legislation Act 2023 (2023 No 57): section 38

Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62): section 16

Electoral (Administration) Amendment Act 2011 (2011 No 57): section 61

Local Electoral Amendment Act 2002 (2002 No 85): section 52

Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001