Constitutional Referenda
The following are the Sections of the Local Government Act that apply to Local Government referenda. (The Local Government Act uses "referendums" as the plural form of "referendum".)
| Division 2 | Constitutional referendums |
| 15 | What is a constitutional referendum? |
| A constitutional referendum is a poll initiated by a council in order to give effect to a matter referred to in section 16. |
| 16 | What matters must be dealt with at a constitutional referendum? |
| A council may not do any of the following unless approval to do so has been given at a constitutional referendum: |
| (a) | divide its area into wards or abolish all wards in its area, |
| (b) | change the basis on which the mayor attains office (that is, by election by the councillors or by election by the electors), |
| (c) | increase or decrease the number of councillors in accordance with the limits under section 224, |
| (d) | change the method of ordinary election of councillors for an area divided into wards. |
| (e) | (Repealed) |
| 17 | What is the effect of a constitutional referendum? |
| (1) | The decision made at a constitutional referendum binds the council until changed by a subsequent constitutional referendum. |
| (2) | However, such a decision does not apply to a by-election held after the constitutional referendum and before the next ordinary election. |
| Division 3 | General provisions concerning a council poll or constitutional referendum |
| 18 | What provisions apply to the conduct of a council poll or constitutional referendum? |
| Part 1 and Part 6 (except Divisions 3, 4 and 5) of Chapter 10 (How are people elected to civic office?) apply to a council poll, and Part 1 and Part 6 (except Divisions 3 and 5) of that Chapter apply to a constitutional referendum, with such modifications as may be necessary, in the same way as they apply to an election. |
| Note. | Part 1 of Chapter 10 identifies the people who are entitled to vote in council elections, and Part 6 governs the conduct of those elections. |
| Division 3 of Part 6 of that Chapter deals with nominations for election, Division 4 with failure to vote and Division 5 with miscellaneous matters such as irregularities of form or procedure in elections, overdue elections and those declared void. |
| 19 | Day for taking council poll or constitutional referendum |
| A council poll or constitutional referendum may be taken on any Saturday, including the Saturday of an ordinary election. |
| 20 | When is a question at a council poll or constitutional referendum carried? |
| (1) | The question at a council poll or constitutional referendum is carried if it is supported by a majority of the votes cast. |
| (2) | The reference to votes in subsection (1) does not include a reference to any vote that, pursuant to the regulations, is found to be informal. |
