3.3.3 Vacancy within 12 months of the next triennial election

1. A vacancy can be filled by appointment or left vacant if it occurs within 12 months of the next local government triennial election [1]. The procedure is:
   • upon being made aware of the vacancy, the council’s chief executive must immediately notify all remaining members of the Governing Body or local board concerned (section 117(2))
   • the Governing Body or local board must at its next ordinary meeting or, if that is not practical, at the subsequent ordinary meeting determine by resolution either
     1. that the vacancy will be filled by appointment by a person named in the resolution who is qualified to be elected as a member, or
     2. that the vacancy is not to be filled (section 117(3)).
2. If the person named in a resolution is not available, the vacancy remains and the process begins again (section 117(4)).
3. The Governing Body or local board must immediately give public notice of its decision if it resolves not to fill the vacancy (section 119).
4. A vacancy in the office of mayor must be filled. See Section 4: The Mayor of Auckland for further information.

 

 

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