3.11 Appointments after resignations or vacancies

Resignations

Elected members can resign by giving written notice to the chief executive. A resignation takes effect on the day it is delivered to the chief executive. 

If a member of the Governing Body or a local board resigns before their term ends, it creates an extraordinary vacancy. Section 117 of the Local Electoral Act 2001 explains the options and process for filling the vacancy or leaving it open until the end of the term.  

Appointment process 

There is no statutory process to fill a vacancy. It is up to the Governing Body or local board to decide how they want to select people for a vacancy.  

This may include: 

• calling for expressions of interest 
• setting criteria for who can apply 
• selecting an interview panel which may be the entire Governing Body or local board 
• interviewing candidates 
• discussing options before the final decision.   

As there is limited time before a resolution must be made under section 117(3), the Governing Body or local board may need to hold an extraordinary meeting to determine whether it wishes to begin an appointment process and how it will select the candidate.  

The Governing Body or local board can choose to appoint the next highest polling candidate in the relevant ward or local board area. It can also adopt any other reasonable process to select the person for a role. Staff from Governance and Engagement and Legal Services can help the Governing Body or local board to choose an appropriate process.  

If the Governing Body or local board fills a vacancy under section 117(3), it must immediately give public notice of the decision, and the appointment process or criteria. The Governing Body or local board must confirm the appointment by resolution no later than 30 days after the date of the public notice. The appointed person is considered elected from the date the resolution is made (section 118(2)). 

Removal from office 

The mayor and councillors are elected for a three-year term. They cannot be removed by: 

• Governing Body resolution 
• the Local Government Commission 
• Minister of Local Government [1] or any other central government minister.  

However, a mayor or councillor will no longer hold office if they: 

• resign 
• die or become mentally incapable [2] 
• are absent without leave from four consecutive meetings other than extraordinary meetings 
• are disqualified from office, which can happen if they: 
  • are found guilty of voting or taking part in a council decision in which they have a financial interest unless they successfully appeal the decision 
  • have a contract with the council worth more than $25,000 in any one financial year 
  • no longer qualify as an elector which means they are no longer a New Zealand citizen or permanent resident 
  • are convicted of a crime that could lead to two or more years in prison [3] (this rule is to avoid disqualifying someone for minor offences) 

There will be a new election for a vacant position if a vacancy occurs more than 12 months before the next triennial general election [4]. This is referred to as a by- election. Depending on timing, there is the option that the role remains vacant, or a person is appointed without an election. 

Footnotes

[1] The Minister of Local Government can decide to intervene in council matters including by appointing a commission for the Auckland region (to act in place of all the Governing Body elected members). The Minister can be asked to exercise this power at the written request of the Governing Body: Local Government Act 2002,258F(1)(d) This would have the effect of removing all Governing Body members. 

[2] This requires the member to be subject to a property order made under section 31 of the Protection of Personal and Property Rights Act 1988: Local Government Act 2002, Schedule 7, cl 5. 

[3] Local Government Act 2002, Schedule 7, cl 1-5. 

[4] Local Electoral Act 2001, section 117(1).