Legal provisions for direct democracy at the local level

Local Electoral Act 2001

(Enacted on 29 May 2001)

http://www.legislation.govt.nz/act/public/2001/0035/latest/DLM93301.html

Section 9, Holding of referendum.

(1)A local authority may direct the electoral officer to conduct a referendum that is not required to be held under this or any other Act on—

(a)any matter relating to—

§  (i)the services that are provided or that may be provided by the local authority; or

§  (ii)any policy or intended policy of the local authority; or

(b)any proposal relating to—

§  (i)the current or future activities or objectives of the local authority; or

§  (ii)the current or future well-being of its local government area.

Section19ZB, Electors may demand poll

(1)A specified number of electors of a territorial authority or regional council may, at any time, demand that a poll be held on the question whether,—

(a)in the case of a territorial authority, the district should be divided into 1 or more M?ori wards; or

(b)in the case of a regional council, the region should be divided into 1 or more M?ori constituencies.

Section 29, Electors may demand poll

(1)A specified number of electors of a local authority may, at any time, demand that a poll be held on a proposal by those electors that a specified electoral system be used at the elections of the local authority and its community boards (if any).

Local Electoral Act 2001 section 9 provides for local government proposed local referendums (aka ‘polls’) on topics ranging from ‘services’ to ‘policies’ and ‘activities’ to ‘well-being’.     

The same Act in section 19ZB and 29 permit local citizens to ‘demand’ a poll but only on two very limited topics (Maori wards, eg. local government constituencies for Indigenous voters; or a proposed change to the local electoral system).