65Filling casual vacancies – principal member

65 Filling casual vacancies – principal member (1) This section applies if a casual vacancy occurs in the office of a principal member. Section 54(2) applies to fill the casual vacancy in the office of an ordinary member if appointment was the basis for filling the office of the principal member.

Local Government Act 2019 44 (2) If appointment was the basis for filling the office of the principal member, and a casual vacancy in the office of the principal member occurs, the council: (a) if the vacancy occurs 3 months or more before the next general election – must, by vote of existing members, appoint a member to fill the vacancy; or (b) if the vacancy occurs less than 3 months before the next general election – must, by vote of existing members, do one of the following: (i) appoint a member to fill the vacancy; (ii) leave the office vacant. (3) If election was the basis for filling the office of the principal member, and a casual vacancy in the office of the principal member occurs, the council: (a) if the vacancy occurs 18 months or more before the next general election – must hold a by-election; or (b) if the vacancy occurs less than 18 months but more than 3 months before the next general election – must, by vote of existing members, do one of the following: (i) appoint a person to fill the vacancy; (ii) hold a by-election; or (c) if the vacancy occurs 3 months or less before the next general election – must, by vote of existing members, do one of the (i) appoint a person to fill the vacancy; (ii) hold a by-election; (iii) leave the office vacant. (4) If a person is voted to fill a casual vacancy in the office of an elected principal member: (a) the person is not (unless appointed by the council to be its principal member) to be the council's principal member; and (b) the council may appoint any of its existing members to be its principal member for the remainder of the council's term; and

Local Government Act 2019 45 (c) if the council does not fill a casual vacancy in the office of an elected principal member – it may appoint any of its existing members to be its principal member for the remainder of its term.