16Electoral structure review

16 Electoral structure review (1) Subject to subsection (2), the Minister may, before recommending the making of an Order in Council under section 15, establish an electoral representation advisory panel to conduct a review and advise the Minister in relation to the electoral structure of a Council. (2) Subject to subsections (13) and (14), the Minister must, before recommending the making of an Order in Council under section 15 in relation to a matter specified in section 15(1)(b), (c) or (d) establish an electoral representation advisory panel to conduct a review and advise the Minister in relation to the electoral structure of a Council. (3) If the Minister has established an electoral representation advisory panel, the Minister must consider the advice of the electoral representation advisory panel before recommending the making of an Order in Council under section 15. S. 16(3A) inserted by No. 23/2024 s. 5. (3A) Subject to this section, the Minister may by instrument appoint any person, on the terms and conditions specified in the instrument, to be a member of an electoral representation advisory panel. (4) An electoral representation advisory panel must include the Electoral Commissioner appointed under section 12 of the **Electoral Act 2002** or a person nominated to the Minister by the Electoral Commissioner to represent the Electoral Commissioner on the electoral representation advisory panel. (5) The VEC must provide administrative and technical support to an electoral representation advisory panel. (6) An electoral representation advisory panel must not include any of the following persons— (a) a person who is a Councillor of the Council in respect of which the electoral representation advisory panel is to be established; (b) a person who is qualified to be a candidate for election as a Councillor of the Council in respect of which the electoral representation advisory panel is to be established; (c) a person who is not qualified to be a Councillor; (d) a person who is a member of staff of the Council in respect of which the electoral representation advisory panel is to be established; (e) a person who is a member of a registered political party; (f) a person who has been a member of a registered political party at any time during the period of 5 years immediately before the electoral representation advisory panel is to be established. (7) The Minister may request the electoral representation advisory panel to provide advice to the Minister with respect to any or all of the following— (a) the total number of Councillors to be elected for the Council; (b) what the boundaries of any ward or wards of the municipal district of the Council should be; (c) subject to the Minister first publishing a notice under section 13(5) in relation to a Council, or a specific type of Council, whether the municipal district of the Council should be un-subdivided; (ca) subject to the Minister first publishing a notice under section 13(5A) in relation to a Council, or a specific type of Council, whether the municipal district of the Council should be constituted in accordance with section 13(4)(c); (d) any other matter relating to the electoral structure of the Council that the Minister requires advice on. (8) An electoral structure recommended by an electoral representation advisory panel must— (a) provide fair and equitable representation; and (b) facilitate good governance; and (c) comply with section 15(2); and (d) comply with any criteria prescribed by the regulations for the purposes of this section. (9) An electoral representation advisory panel— (a) may conduct the review in any manner that the electoral representation advisory panel considers appropriate; and (b) must have regard to any matter prescribed by the regulations. (10) An electoral representation advisory panel must ensure that a process for community engagement is followed in conducting the review. (11) The Minister or a person engaged by the Minister to support a review by an electoral representation advisory panel may send to the Council in respect of which the review is being conducted an account of the reasonable expenses incurred as a consequence of the review. (12) The Council must pay the account received under subsection (11). (13) Section 16(2) does not apply if a ward boundary review is being conducted under section 17. (14) Section 16(2) does not apply in respect of the making of any Order in Council under section 15 before the first general election to be conducted under section 257(1)(a).