Far North ratepayers could face a $100,000 by-election if Kerikeri-based councillor Davina Smolders resigns to pursue a parliamentary career.
By Susan Botting, Local Democracy Reporter
Smolders told Local Democracy Reporting on August 4 that she would resign from the Far North District Council if she secured a position in the top 10 or 11 places on Act's party list for the general election.
However, Far North Mayor Moko Tepania said he had yet to receive any formal notification from Smolders about her central government plans.
An Act party spokesperson confirmed Smolders had been selected as a list candidate for the election and indicated she had "informed the Far North District Council of her intentions".
Act intended to release its party list in September. The party won 11 seats at the last election after securing 8.67% of the party vote.
The 1News-Verian election poll, released on August 12, showed the party on 9%, enough for an estimated 11 seats.
Far North District Council acting general manager community and engagement Ken Lewis said a by-election in the Bay of Islands-Whangaroa Ward, during the 2026-27 financial year, would cost about $100,000.
Smolders, who announced in late July she was standing as an Act list candidate, did not respond to further questions from Local Democracy Reporting about her parliamentary ambitions.
Questions included why she had not informed the Mayor of her intentions, whether discussions had been held about the implications of a possible resignation, and when she would resign if she secured a top 10 or 11 placing on the party’s list.
Smolders is serving her first council term after being elected in 2025 in the hotly contested Bay of Islands-Whangaroa Ward under an Act Local banner.
The ward's three seats went to Ann Court (3677 votes), Smolders (2299) and Kelly Stratford (2260). Tyler Bamber narrowly missed out with 2065 votes.
When is a by-election triggered?
Councils are required to hold a by-election if a councillor resigned more than 12 months before the next local election, which is due to be held in October 2028.
"This must normally be done within 103 days of the Electoral Officer receiving notice of the extraordinary vacancy," Lewis said.
If a vacancy occurred between September 14 and November 20, 2026, a by-election could not be held before March 3, 2027.
If a councillor resigns within 12 months of the next local election, the law does not allow for a by-election.
Instead, the council must either appoint a qualified replacement or leave the seat vacant until the election.
Councillors who have headed to Parliament
A move to Parliament by Smolders would echo that of former Bay of Islands-Whangaroa councillor Willow-Jean Prime.
Prime was first elected to FNDC in 2013 and served two terms.
While a councillor, she unsuccessfully contested the Northland electorate for Labour in 2014.
Prime was re-elected to council in 2016 before successfully entering Parliament as a Labour list MP in the 2017 election.
Prime resigned from council about a year into her second term, triggering a 2018 by-election that was won by Stratford.
Standing as a candidate in a general election does not affect a councillor's position on a local authority, and a candidate can continue serving on the council.
Te Hiku Ward councillor Felicity Foy, who has served on the FNDC since 2019, unsuccessfully contested the Northland electorate as National's candidate at the 2023 general election before being re-elected to council in 2025.
Lewis said a councillor elected to Parliament could choose to remain on the council.
A person doing this would need to make a decision on whether they had capacity to perform both roles, he said.
Blenheim councillor Jamie Arbuckle entered Parliament as a New Zealand First list MP in October 2023 while serving on the Marlborough District Council.
Arbuckle retained both roles for about a year, arguing an earlier resignation could have saddled ratepayers with a by-election costing more than $130,000.
The dual role later attracted political scrutiny, with Prime Minister Christopher Luxon raising concerns about MPs simultaneously holding another elected office amid debate over public perception and so-called "double-dipping".
While former Far North Mayor John Carter had lengthy careers in both Parliament and local government, the two did not coincide.
Carter served as Northland's MP until 2011 and was elected Far North Mayor two years later in 2013, meaning he never held both offices at the same time.
The general election will be held on November 7.
LDR is local body journalism co-funded by RNZ and NZ On Air.
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