Div 2Powers of councils and representation reviews

Division 2—Powers of councils and representation reviews 11A—Number of members (1) Despite any other provision of this Chapter, a council must not be comprised of more than 13 members, unless the council is granted an exemption certificate under section 12(11b) in connection with its most recent representation review. (2) Subsection (1) applies to a council from— (a) in the case of a council that commences a representation review in accordance with section 12 after the commencement of subsection (1) and completes the review before 1 January 2022—polling day for the periodic election next due to be held after the commencement of subsection (1); or (b) in any other case—polling day for the second periodic election due to be held after the commencement of subsection (1). (3) A reference to completing a review under subsection (2)(a) includes (if relevant) publishing any notice or notices in the Gazette under section 12(15)(b) in relation to the review. 12—Composition and wards (1) A council may, by notice in the Gazette after complying with the requirements of this section— (a) alter the composition of the council; (b) divide, or redivide, the area of the council into wards, alter the division of the area of the council into wards, or abolish the division of the area of a council into wards. (2) A notice under this section may also— (a) change the council from a municipal council to a district council, or change the council from a district council to a municipal council; (b) alter the name of— (i) the council; (ii) the area of the council; (c) give a name to, or alter the name of, a ward, (without the need to comply with section 13). (3) A council must, before it publishes a notice, conduct and complete a review under this section for the purpose of determining whether its community would benefit from an alteration to its composition or ward structure. (4) A review may relate to a specific aspect of the composition of the council, or of the wards of the council, or may relate to those matters generally—but a council must ensure that all aspects of the composition of the council, and the issue of the division, or potential division, of the area of the council into wards, are comprehensively reviewed under this section at least once in each relevant period that is prescribed by the regulations. (5) A council must, in order to commence a review, initiate the preparation of a report (a representation report) by a person who, in the opinion of the council, is qualified to address the representation and governance issues that may arise with respect to the matters under review. (6) The representation report must— (a) examine the advantages and disadvantages of various options that are available to the council under subsection (1) (insofar as the various features of the composition and structure of the council are under review) and, in particular (to the extent that may be relevant)— (i) examine the question of whether the number of members should be reduced; and (ii) if the area of the council is divided into wards, examine the question of whether the division of the area into wards should be abolished; and (b) set out any proposal that the council considers should be carried into effect under this section; and (c) in respect of any such proposal—include an analysis of how the proposal relates to the principles under section 26(1)(c) and the matters referred to in section 33 (to the extent that may be relevant); and (d) examine such other relevant issues as the council or the person preparing the report thinks fit. (7) The council must undertake public consultation on the representation report. (11) The council must then finalise its report (including in its report recommendations with respect to such related or ancillary matters as it thinks fit). (11a) If— (a) the report proposes that the composition of the council be altered so that it is constituted of more than the number of members that a council may be comprised of under section 11A(1) (the member cap); or (b) the council is constituted of a number of members that exceeds the member cap and the report does not propose an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap, the report must be referred to the Electoral Commissioner. (11b) On receipt of a report, the Electoral Commissioner must give the council a certificate authorising the referral of the report under subsection (12) (an exemption certificate), unless the Electoral Commissioner considers that exceptional circumstances exist that justify a refusal to give an exemption certificate to the council. (11c) In subsection (11b)— exceptional circumstances means circumstances where the report does not— (a) examine the matters referred to in subsection (6)(a); or (b) set out the reasons for the council being constituted in a manner referred to in subsection (11a)(a) or (b). (11d) If the Electoral Commissioner refuses to give an exemption certificate under subsection (11b), the Electoral Commissioner must refer the matter back to the council and must provide written reasons to the council for the refusal. (11e) If the matter is referred back to the council under subsection (11d), the council— (a) must take such action as is necessary (including by altering the report) so that the report proposes an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap; and (b) must comply with the requirements of subsection (7) in relation to the report (as if the report (as altered) constitutes a new report); and (c) must then refer the report to the Electoral Commissioner under subsection (12). (12) The council must then refer the report to the Electoral Commissioner (and, if relevant, provide with the report a copy of an exemption certificate given to the council). (12a) The report must, if written submissions are received as part of public consultation undertaken under subsection (7), include copies of any written submissions that relate to the subject‑matter of the proposal. (13) On receipt of a report, the Electoral Commissioner must determine whether the requirements of this section have been satisfied and then— (a) if of the opinion that the requirements have been satisfied—give an appropriate certificate; or (b) if of the opinion that the requirements have not been satisfied—refer the matter back to the council together with a written explanation of the reasons for not giving a certificate under this subsection. (14) The validity of a determination of the Electoral Commissioner under subsection (13) cannot be called into question. (15) If a certificate is given by the Electoral Commissioner under subsection (13)(a)— (a) the Electoral Commissioner must specify in the certificate a day by which an appropriate notice (or notices) for the purposes of this section must be published by the council in the Gazette; and (b) the council may then, by notice (or notices) in the Gazette, provide for the operation of any proposal under this section that it has recommended in its report. (16) If the matter is referred back to the council under subsection (13)(b), the council— (a) must take such action as is appropriate in the circumstances (and may, as it thinks fit, alter its report); and (b) may then refer the report back to the Electoral Commissioner. (17) However, a council must, if it makes an alteration to its report under subsection (16)(a), comply with the requirements of subsection (7) (as if the report (as altered) constituted a new report), unless the council determines that the alteration is of a minor nature only. (18) A proposal under this section takes effect as follows: (a) if the day of publication of the relevant notice under subsection (15) occurs before 1 January of the year in which a periodic election is next due to be held then, unless paragraph (c) applies, the proposal will take effect as from polling day for that periodic election; (b) if the day of publication of the relevant notice under subsection (15) occurs on or after 1 January of a year in which a periodic election is due to be held (and before polling day for that periodic election) then, unless paragraph (c) applies, the proposal will take effect as from polling day for the periodic election next following the periodic election held in the year of publication; (c) if a general election (not being a periodic election) is held after the expiration of 7 months from the day of publication of the relevant notice under subsection (15) (and before polling day for the next periodic election after publication) then the proposal will take effect from polling day for that general election. (19) If a council— (a) subject to subsection (22), fails to undertake a review in accordance with the requirements of this section; or (b) fails to take appropriate action if a matter is referred back to the council under subsection (11d) or (13)(b); or (c) fails to publish an appropriate notice in the Gazette by the day specified by the Electoral Commissioner in a certificate under this section, the chief executive officer must refer the matter to the Electoral Commissioner. (20) On the referral of a matter under subsection (19), the Electoral Commissioner may take such action as, in the circumstances of the particular case, appears appropriate to the Electoral Commissioner and may then, by notice in the Gazette, give effect to a proposal that could have been carried into effect by the council under this section. (21) The Electoral Commissioner may recover from councils costs reasonably incurred by the Electoral Commissioner in performing his or her functions under this section. (22) The Minister may exempt a council from the requirement to hold a review under this section on the basis that relevant issues have already been addressed by a proposal under this Chapter. (23) An exemption under subsection (22) may be granted on conditions determined by the Minister, including a condition that the council carry out a review under this section by a date specified by the Minister. (24) If— (a) the area of a council is divided into wards; and (b) the Electoral Commissioner notifies the council in writing that the number of electors represented by a councillor for a ward varies from the ward quota by more than 20 per cent, then the council must undertake a review under this section within a period specified by the Electoral Commissioner. (25) For the purposes of subsection (24)— (a) if two or more councillors represent a ward, the number of electors represented by each councillor will be taken to be the number of electors for the ward (as at a date determined by the Electoral Commissioner) divided by the number of councillors who represent the ward (ignoring any fractions resulting from the division); and (b) the ward quota is the number of electors for the area (as at a date determined by the Electoral Commissioner) divided by the number of councillors for the area of the council who represent wards (ignoring any fractions resulting from the division). 13—Status of council or change of various names (1) A council may, by notice in the Gazette, after complying with the requirements of this section— (a) change the council from a municipal council to a district council, or change the council from a district council to a municipal council; (b) alter the name of— (i) the council; (ii) the area of the council; (c) alter the name of a ward. (2) A council must, before it publishes a notice, comply with the following requirements: (a) the council must give public notice of the proposal; (b) the notice must contain an invitation to interested persons to make written submissions to the council on the matter within a period specified by the council (being a period of at least 6 weeks); (c) the council must give any person who makes written submissions in response to an invitation under this section an opportunity to appear personally or by representative before the council or a council committee and to be heard on those submissions. (3) A notice published by a council under this section has effect from the date or dates fixed in the notice or, if no date or dates are so fixed, as from the date of the publication of the notice. Part 2—Reform proposals