Dealing with casual vacancy in office of elected member
20A Dealing with casual vacancy in office of elected member
This section applies if a casual vacancy arises in the office of an elected member.
If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—
was a candidate for the office in the council election; and
was not elected; and
received the highest number of votes of all the candidates who were not elected; and
is eligible, under this Act, to be a member; and
is willing to be, and available to perform the functions of, a member.
Subsection (4) applies if—
the elected member was not elected at a council election; or
no-one is eligible for appointment under subsection (2).
A person is to be elected to the office at a council election.
Despite subsection (4), if the elected member was a student, the council may appoint a student to the office.
A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3)(a), to have been elected at a council election.
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