4.1.2 Deputy mayor's role and powers

Appointment and removal

The mayor may appoint an elected member to serve as deputy mayor [1]. If the mayor chooses not to appoint someone, the Governing Body can make the appointment instead, using one of the voting methods set out in legislation [2]. 

Removing the deputy mayor from office

The mayor can remove the deputy mayor from office if they made the appointment [3]. The Governing Body can also remove the deputy mayor from office using a statutory process that requires a meeting called for that purpose [4]. In both cases, the former deputy mayor remains an elected member. 

Replacing the deputy mayor

If the deputy mayor resigns or is removed, the mayor or the Governing Body may appoint someone else using the same powers as for the initial appointment [5]. 

Acting as mayor

Temporary absence of the mayor

If the mayor consents, the deputy mayor must carry out the mayor’s responsibilities and duties and may exercise the mayor’s powers. [6]. The mayor should record that consent in writing and inform the Governing Body when this happens. 

When the office is vacant or the mayor is unavailable (h3) 

If the office of the mayor is vacant [7], or the mayor is unable to perform their duties —such as due to serious mental or physical illness — the deputy mayor must step in to fulfil the role and may exercise the mayor’s powers. In cases where it’s unclear whether this applies, the council may need to seek a decision from the High Court. 

Supporting the mayor

The mayor and deputy mayor can agree for the deputy mayor to carry out certain duties on the mayor’s behalf. This arrangement can be supported by council staff, with funding from the mayoral budget. 

Staff members may be assigned to assist the deputy mayor directly. The Office of the Mayor may also provide communications and other support if agreed by the mayor 

Footnotes 

[1] Local Government (Auckland Council) Act 2009 s 9(3)(b). 

[2] Local Government (Auckland Council) Act 2009 s 9(3)(b), s 9(7)(a). Local Government Act 2002 sch 7 cls 17, 25. 

[3] Interpretation Act 1999 s 12. 

[4] Local Government Act 2002 Sch 7 cl 18. Local Government Act 2002, s 41A(4) 

[5] Interpretation Act 1999 s 16; Local Government (Auckland Council) Act 2009 s 9(3)(b), s 9(7)(a); Local Government Act 2002 sch 7 cls 17, 25. 

[6] Clause 17(3)(a), Schedule 7, Local Government Act 2002.                           

[7] Local Government Act 2002, Sch 7 cl 17(3)(b) and (c).