Could Wayne resign early?

Stuff reports:

Auckland mayor Wayne Brown says he has not ruled out stepping down towards the end of his second term if re-elected, allowing Desley Simpson to replace him.

Speaking in an interview with Stuff, the 79-year-old confirmed for the first time that he might hand over the mayoralty before the full three years are up, though he insisted he had not discussed the possibility with his deputy, Simpson, and stressed he still has plenty to do if he secures another term.

“I haven’t ruled that out, but next year’s a really important year for Auckland,” Brown said.

In normal circumstances, if the mayor of Auckland resigns, there needs to be a by-election to find a successor. While that process is underway, the deputy mayor fills in.

Legally, elections must be held within 103 days of the election officer receiving notice of a resignation. So if Brown resigned 102 days before the 2028 election, Simpson could remain as mayor and there wouldn’t need to be a by-election.

This is not correct. By-elections for local authorities do not occur if the resignation is within 12 months of the election. This is in S117(5) of the Local Electoral Act 2001. So if Brown resigned anytime after October 2027, the Auckland Council would appoint one of the 20 Councillors to become Mayor (and could also appoint a new Councillor to replace the Councillor who becomes Mayor).

So the Deputy Mayor would not automatically become Mayor. It would be whichever Councillor could gain a majority of the Council to vote for them.