The Kingston District Council is continuing to seek answers and advice in the wake of no mayoral candidates nominating in the current local government elections.

Council chief executive Nat Traeger said there were several key points to consider relating to the issue.

“Council is constituted on the basis the principal member is to be appointed or elected as a representative of the area.

“Because of the lack of nominations for the office of Mayor, the position will remain vacant until a supplementary election is undertaken,” she said.

“Legal advice confirms the vacancy in the office of Mayor is not a casual vacancy as the vacancy has arisen by the general election for the office of mayor wholly failing and so the vacancy does not constitute a casual vacancy.

“This means that council cannot appoint an Acting Mayor until such time as the supplementary election is undertaken.

“Council is fortunate that it has more nominations than vacancies for the area councillor elections currently being conducted.

“If, following the conclusion of the election process in November, a person successful at those elections nominates in the supplementary election for the office of Mayor and is unsuccessful they will lose office.

“This would result in a casual vacancy occurring in the office of an area councillor.

“Changes to the Local Government Act and Local Government (Elections) Act will mean that vacancy can be filled without the need to conduct another supplementary election – a recount of the ballots will occur to determine the person to be elected to that position.

“Equally, if a council member successful at the November 2022 elections contests and wins the Mayoral supplementary election a casual vacancy for one of the area councillor positions will arise … this can be filled without the need to conduct a supplementary election.”

Ms Traeger said council could appoint a Deputy Mayor, even though a mayor will not be elected at the general election.

“The Deputy Mayor may act in the office of the mayor on the basis the mayor is absent,” she said.

“To this end it is noted the definition of ‘absent’ includes ‘non-existent’ or ‘lacking’.

“The election of the Deputy Mayor will be undertaken at the first meeting of the new council which is anticipated (but not yet confirmed) for November 29.

“The Deputy Mayor (who will be a member presiding in the absence of the mayor) will have a casting vote, i.e. not deliberative.”