Local Government Act 2009

This section applies if a local government is to fill the vacant office of a councillor (the former councillor) under section 166(1)(c).

The vacant office must be filled by the local government appointing, by resolution, a person who—

is qualified to be a councillor; and

if the former councillor was elected or appointed to office as a political party’s nominee—is the political party’s nominee.

If subsection (2)(b) applies, the chief executive officer must request the political party to advise the full name and address of its nominee.

The request must be made by a notice given to the political party’s registered officer within 14 days after the office becomes vacant.

If subsection (2)(b) does not apply, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations—

from any person who is qualified to be a councillor, by notice published—

on the local government’s website; and

in other ways the chief executive officer considers appropriate; and

from each person who was a candidate for the office of the former councillor at the most recent quadrennial election, by notice.

If the chief executive officer receives any nominations from qualified persons or candidates, the local government must fill the vacant office by appointing 1 of those persons or candidates.