4Recounts and by-elections not to be held in certain cases

4 Recounts and by-elections not to be held in certain cases

(1)  If, after the Councillors Order takes effect –

(a) a casual vacancy occurs in the office of a councillor of a municipal area to which the Councillors Order applies; and

(b) were the vacancy to be filled by a recount or by-election, the total number of councillors of the municipal area would be more than the total number of councillors that are, in accordance with the Councillors Order, to be elected for the municipal area on and after the day on which the certificate of election is given in respect of the next ordinary election of councillors for the municipal area held after the Councillors Order takes effect –

no recount or by-election in respect of the office is to be held in accordance with section 307 or 308 , respectively, of the Act.

(2)  If, after the Councillors Order takes effect –

(a) there is at any time more than one casual vacancy in the office of a councillor of a municipal area to which the Councillors Order applies; and

(b) were all those vacancies to be filled by recount or by-election, the total number of councillors of the municipal area would be more than the total number of councillors that are, in accordance with the Councillors Order, to be elected for the municipal area on and after the day on which the certificate of election is given in respect of the next ordinary election of councillors for the municipal area held after the Councillors Order takes effect; and

(c) the general manager of the municipal area is unable to determine the order in which the casual vacancies occurred –

the vacancies are to be taken to have occurred in the order determined in accordance with subclause (5) .

(3)  If subclause (2) applies in relation to vacant offices of councillors of a municipal area, the general manager of the council is to notify the Electoral Commissioner that subclause (4) applies in relation to the vacant offices.

(4)  If subclause (2) applies in relation to vacant offices of councillors of a municipal area, the Electoral Commissioner is to –