This section applies from the day after the date on which the official results of the 2022 election of the Council are declared.

Subsection (4) applies despite section 19E(2) of the Local Electoral Act 2001.

Subsection (5) applies despite section 19D of the Local Electoral Act 2001.

The Council may include, in addition to the elected members, 2 members appointed under this Act.

The maximum number of members of the Council is 16.

A reference in any enactment, other than in sections 19D and 19E of the Local Electoral Act 2001, to a member or an elected member of a local authority or a regional council must, in relation to the Council, be read as including a reference to an appointed member.

Without limiting subsection (6), all members of the Council have the same functions, powers, responsibilities, rights, indemnities, and duties irrespective of whether they are elected or appointed.

TRoNT may appoint up to 2 members of the Council—

Despite section 117 of the Local Electoral Act 2001, whenever a vacancy arises in the case of an appointed member, TRoNT may appoint a member to fill that vacancy.

Every member appointed under this section must be qualified to be elected as an elected member at the date of appointment.

A member who has previously been appointed under this section may be reappointed under this section.

The chief executive of TRoNT must notify every appointment made under section 8 to the chief executive of the Council.

A notification under subsection (1) must be—

An appointment takes effect on the date on which the chief executive of the Council receives notification of the appointment under subsection (1).

The chief executive of the Council must give public notice of an appointment as soon as practicable after receiving notification under subsection (1).

Unless vacating office sooner, appointed members cease to hold office at the same time as elected members vacate office under section 116(1)(a) of the Local Electoral Act 2001.

Appointed members vacate office or are suspended in the same manner as applies to elected members under the Local Government Act 2002 (see clauses 1 to 5 of Schedule 7).

For the purposes of subsection (2), clause 5(2) of Schedule 7 of the Local Government Act 2002 does not apply.

Section 45 of the Legislation Act 2019 does not apply in respect of appointed members.

Meetings of the Council (including the first meeting called under the Local Government Act 2002 in accordance with clause 21 of Schedule 7) may be called irrespective of whether TRoNT has made any appointment under section 8.

The Council must perform its functions and duties, and may exercise its powers, irrespective of whether TRoNT has made any appointment under section 8.

An unfilled appointment is not a vacancy for the purposes of the following clauses of Schedule 7 of the Local Government Act 2002:

For the purposes of subsection (3), an unfilled appointment exists if—

Subsection (2) applies—

The Remuneration Authority must not have regard to whether any members have been appointed under section 8 of this Act.

The Council must pay remuneration, allowances, expenses, and fees to any member appointed under section 8 as other members are remunerated according to their responsibilities.

The Council must make the payments required under subsection (3) even if doing so exceeds any total amount payable to elected members of the Council determined by the Remuneration Authority.

This section applies if the Council is making a determination under section 19I of the Local Electoral Act 2001 (which requires a regional council to review its representation arrangements).

The Council must disregard the right of TRoNT to appoint members under section 8 of this Act.

Nothing in this Act prevents the Council from passing a resolution under section 19Z(2) of the Local Electoral Act 2001 (which relates to a resolution to create one or more Māori constituencies).