Contents Election Timetable ...... 1 Candidate Information Sessions ...... 1 Hawke’s Bay Regional Council ...... 2 Election Issues ...... 3 Electoral Systems ...... 4 Electoral Rolls ...... 4 Electoral Staff ...... 5 Regional Leaders Information ...... 6 Members’ Remuneration...... 6 Council Members’ Responsibilities ...... 6 Role descriptions ...... 6 Code of Conduct ...... 8 Members’ Interests...... 8 Health and Safety at Work Act 2015 ...... 9 Pre-election Report ...... 10 Inaugural Meeting ...... 10 Declaration by Councillors ...... 10 Candidate Eligibility ...... 10 Nominations ...... 11 Campaigning ...... 13 Election Expenses & Donations ...... 15 Voting and Processing of Votes ...... 16 Election Offences ...... 18 Local Electoral Act 2001 ...... 18 General Provisions ...... 21 Subpart 1—Electoral donations ...... 21 Subpart 2—Electoral expenses ...... 23 Subpart 3 - Return of electoral donations and expenses ...... 25 Part 5A - Electoral advertising ...... 26 Additional Related Information available...... 27

Election Timetable

2019 Local Government Election Timetable

From 9 July (Tuesday) 2019 nomination documents available From 17 July (Wednesday) Public Notice of Election (Hawke’s Bay Today & community papers) 19 July (Friday) Nominations open, electoral roll open for inspection 5.30pm, 23 July (Tuesday) Candidate information session at HBRC, 159 Dalton Street 5.30pm, 25 July (Thursday) Candidate information session with Central Hawke’s Bay District Council 16 August (Friday) Nominations close at 12 noon, electoral roll closes 21 August (Wednesday) Further Public Notice of Election (including candidates) 20 September (Friday) Enrolment Services letter sent to electors on the unpublished roll Delivery of ordinary voting documents starts 20 September (Friday) Ordinary and special voting opens 20-27 September Delivery of voting documents 20 September to 12 October Voting Period 11 October (Friday) Last day for appointment of Scrutineers, by 12 noon Election Day - Voting closes at 12 noon 12 October (Saturday) Progress Results available as soon as practicable after close of voting 12 – 17 October Official Count – special votes processing Final Results announced By 17 October (Thursday) Public notice of official declaration of election results 23 October (Wednesday) Councillors’ induction / introduction day 9am Wednesday 30 October Inaugural meeting of the Hawke’s Bay Regional Council Return of election expense declaration forms By 18 December 2019 (55 days after date of Declaration of Results)

Candidate Information Sessions Sessions on standing for Council will be held as noted above – in Napier on 23 July and Central Hawke’s Bay on 25 July. Information covered will include the role and responsibilities of elected representatives, the skills required, anticipated time commitments and an overview of the nomination and election processes. For further information please contact the Electoral Officer, Leeanne Hooper on (06) 833 8017 or [email protected].

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 1 Hawke’s Bay Regional Council The following statements envelop a number of related ideas that reflect the actual job of the council and Hawke’s Bay Regional Council was established as part therefore councillors. of the framework of Local Government {Local • Democracy - ensuring opportunities for Government (Hawke’s Bay Region) Reorganisation participation by electors in decision-making Order 1989} and its region covers the areas (north to processes, within the overall framework of south) of Wairoa District Council, Hastings District representative democracy. Council, parts of Taupō and Rangitikei District councils, • Effectiveness – decision-making processes are Napier City Council, and Central Hawke’s Bay District intended to ensure that representatives are well Council. informed about the preferences of electors, and Authority electors are well informed about the actions of The Local Government Act 2002 (LGA) states that the their representatives (and the likely purpose of local government is: consequences of those actions). 1. To enable democratic local decision-making and • Local decision-making and accountability - a action by, and on behalf of, communities; and framework for decision-making that reflects the 2. To promote the social, economic, environmental need to provide effective means for local and cultural well-being of communities in the accountability. present and for the future. Regional Council role The LGA reflects a clear view that local authorities that The Regional Council’s role is concentrated on the are effective, responsible, and accountable to the ‘natural environment’ - water, air, land, coastal- with a communities they represent are a fundamental part of long-term view to make sure these are used our system of democratic governance, rather than a sustainably, and are just as available and just as good collection of assets and services. The LGA also (if not better) in the future as they are today. provides greater scope for communities to make their own choices about what local authorities do and the In comparison, city and district councils concentrate way they do these things. more on the built environment and deliver services to their local communities such as drinking water, All councils have the full capacity, rights, powers and sewage and rubbish disposal, local roading, swimming authority to carry on or undertake any activity or pools and libraries, and deal with subdivisions. business, do any act, or enter into any transaction that promotes the purpose of local government, subject to The Resource Management Act (RMA) is one of the other legislation, to - key legislations underpinning the work of regional a) Give effect, in relation to its district or region, to councils and many of our activities are aimed primarily the purpose of local government; and at benefiting the environment. We also have b) Perform the duties, and exercise the rights, responsibility for functions that are more conferred on it by or under this Act and any other appropriately carried out on a regional basis such as enactment. land transport planning, river control and land drainage, plant and animal pest control, and economic The Regional Council must exercise these powers development. wholly or principally for the benefit of all or a significant part of its region and not for the benefit of Organisational Structure a single district or group. HBRC is supported by a professional corporate It is important to note that there are numerous organisation, led by the Chief Executive. Officers statutes, which specifically identify regional councils as provide Council with policy advice, and are responsible having a specific function and role in various activities. for managing day-to-day issues and implementing The principal Acts under which councils operate Council’s decisions and policies to achieve the results include: Council wants.  Local Government Act 2002 The organisation is structured under eight Groups,  Local Government Official Information and each headed by a member of the Executive Leadership Meetings Act 1987 (LGOIMA) Team (ELT).  Local Electoral Act 2001 and Regulations The ELT considers organisation-wide issues and  Resource Management Act 1991 provides a key linkage between Councillors and staff.  Biosecurity Act 1993 They ensure that the work undertaken within the  Civil Defence Emergency Management Act 2002 Groups is consistent with Council’s goals and  Land Transport Management Act 2003 objectives in the Strategic, Long Term and Annual  Local Government (Rating) Act 2002 plans.  various other Acts of Parliament, including Regulations made under those Acts.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 2 The elected members and Council staff work together at different levels to decide what activities should be carried out to achieve the community’s vision and goals, and to plan how they can best be undertaken. This takes place within a framework of competing priorities, timeframes, resources, decisions of Council, and within the overall goal of growing and developing the region in a sustainable environmental, social, cultural and economic context.

Election Issues Elections will be held for the following Hawke’s Bay Regional Council constituencies (issues).

Constituency Population* Number of

Councillors Central Hawke’s Bay 14,150 1 Hastings 59,150 3 Napier 62,800 3 Ngaruroro 20,850 1 Wairoa 8,220 1 * These population figures are estimates provided by the Government Statistician as at 30 June 2018. The Constituencies map is available on the HBRC website at https://www.hbrc.govt.nz/our- council/elections/constituencies/

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 3 Electoral Systems Election Principles The electoral principles contained in section 4 of the Two electoral systems will be operating side by side Local Electoral Act must be taken into account in the for the 2019 local government elections – First Past conduct of any election or poll and are: the Post (FPP) and Single transferable Voting (STV). “4 Principles All local councils within the Hawke’s Bay Regional Council area, including Hawke’s Bay Regional Council (1) The principles that this Act is designed to are using FPP. implement are the following: Hawke’s Bay District Health Board is using STV as (a) fair and effective representation for individuals required under the and communities: Briefly, the FPP electoral system consists of: (b) all qualified persons have a reasonable and • electors vote by placing a tick within the box or equal opportunity to — circle beside the name of their preferred (i) cast an informed vote: candidate(s) (ii) nominate 1 or more candidates: • voters must not tick more than the permitted maximum places to be filled (iii) accept nomination as a candidate: • The candidate that receives the most votes is (c) public confidence in, and public understanding declared the winner, regardless of the proportion of, local electoral processes through— of votes that candidate obtained. (i) he provision of a regular election cycle: Briefly, the STV electoral system consists of: (ii) the provision of elections that are managed • Voters receive a single (transferable) vote independently from the elected body: irrespective of the number of vacancies. • Voters rank the candidates in order of (iii) protection of the freedom of choice of preference, by writing a ‘1’ next to the name of voters and the secrecy of the vote: their most preferred candidate, then a ‘2’ next to (iv) the provision of transparent electoral the name of the next preferred candidate and so systems and voting methods and the adoption on. of procedures that produce certainty in • Voters can rank as few or as many candidates as electoral outcomes: they wish. (v) the provision of impartial mechanisms for • To be elected, a candidate must reach a quota of resolving disputed elections and polls. votes, which is based on the number of vacancies (2) Local authorities, electoral officers, and other and the number of valid votes. electoral officials must, in making decisions under this • Went votes are counted, all the first preferences Act or any other enactment, take into account those are allocated first. principles specified in subsection (1) that are • A candidate who reaches the quota first is applicable (if any), so far as is practicable in the elected. If there is more than one vacancy, and a circumstances.” candidate gets more votes than the quota, a proportion of each vote for that candidate is Electoral Rolls transferred to the voter’s second preference. If, as a result, another candidate gets more votes A copy of the Preliminary Electoral Roll for the than the quota, a proportion is transferred to the constituencies of the Hawke’s Bay Regional Council third preferences, and so on. will be available for public inspection from Friday 19 • If insufficient candidates reach the quota after July to 4pm Friday 16 August 2016 at: the first preferences are allocated and any • Hawke’s Bay Regional Council – all constituencies surplus votes are transferred, then the candidate • Napier City Council - Napier Constituency who received the fewest votes is eliminated and • Hastings District Council - Hastings and each vote for that candidate is transferred to the Ngaruroro Constituencies voter’s second preference. This process is • Wairoa District Council - Wairoa Constituency repeated until enough candidates reach the • Central Hawke’s Bay District Council – Central quota to fill all the vacancies. Hawke’s Bay Constituency For more information on understanding how the STV Copies of the hardcopy Preliminary Electoral Roll may electoral system works, go to www.stv.govt.nz. be purchased from any of the Council offices. The Final Electoral Roll is produced once the Preliminary Electoral Roll has closed on 16 August 2019. The Final Electoral Roll is the Roll used for issuing voting papers. Copies of this Roll will also be available for purchase.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 4 Details appearing in the Electoral Rolls are electors Central Hawke’s Bay District Council (CHBDC) names (surname, then first names) listed Electoral Officer (EO) alphabetically. The qualifying address of the elector is Warwick Lampp, electionz.com Ltd, shown alongside. No postal addresses or occupations PO Box 3138 Christchurch will be shown. Email: [email protected] Information contained on the Electoral Rolls is not Phone: 0800 300 042 available from the Electoral Office in an electronic Deputy Electoral Officer (DEO) form, but candidates or political parties may request Leigh Collecutt, CHBDC, PO Box 127, Waipawa 4210 an electronic listing of residential electors from the Email: [email protected] Electoral Enrolment Centre (provided the criteria of Phone: 06 857 8060 section 114 of the Electoral Act 1993 is met). An application form needs to be completed, and is Hastings District Council (HDC) available from Michelle Jaggard (06 843 8107 or Electoral Officer (EO) [email protected]). Jackie Evans, HDC, Private Bag 9002 Hastings 4156 Email: [email protected] Electoral Staff Phone: 06 871 5018 Deputy Electoral Officer (DEO) Electoral Officer – Role & Duties Jennifer Bainbridge The role of the Electoral Officer (EO) is to conduct the Email: [email protected] election in accordance with the presiding legislation, namely the Local Electoral Act 2001 (LEA). Copies of Napier City Council (NCC) the Act are available online at www.legislation.govt.nz Electoral Officer (EO) or from the Government Bookshop. Warwick Lampp, electionz.com Ltd The EO has complete and final control over how the Email: [email protected] election is carried out. The EO is employed by Council Phone: 0800 300 042 and is responsible to the Chief Executive of the Deputy Electoral Officer (DEO) Council, but does not take direction from the CE, Devorah Nícuarta-Smith, NCC, Private Bag 6010 Council or councillors. Napier 4142 The EO is responsible for all staff, systems, resources, Email: [email protected] policies, procedures and actions to ensure that the Phone: 06 834 9826 democratic process is carried out with utmost integrity, security and fairness for all parties. Wairoa District Council (WDC) Specific duties of the Regional Council Electoral Electoral Officer (EO) Officer, as outlined in LEA section 15, are: Kitea Tipuna, WDC, PO Box 54 Wairoa 4160 • The publication of any public notice relating to Email: [email protected] elections and polls and the calling for Phone: 06 838 7309 nominations Deputy Electoral Officer (DEO) • Receiving nominations, candidate profile Juanita Savage statements and deposits required to be paid and Email: [email protected] checking legal requirements are met • Declaration of Regional Council results Hawke’s Bay District Health Board (HBDHB) • Receiving returns of electoral expenses and Electoral Officer (EO) donations Warwick Lampp, electionz.com Ltd, • Investigating and reporting alleged electoral Email: [email protected] offences to the Police Phone: 0800 300 042 • Completing all necessary post-election tasks, Deputy Electoral Officer (DEO) including necessary report and statistics. Ken Foote Hawke’s Bay Regional Council HBRC) Email: [email protected] Electoral Officer (EO) Leeanne Hooper, Private Bag 6006 Napier 4142 Email: [email protected] Phone: 06 833 8017 Deputy Electoral Officer (DEO) Barbara Mear Email: [email protected] Phone: 06 833 8024

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 5 Regional Leaders Information Councillors’ Role Members’ Remuneration Tenure October 2019 - October 2022 Salaries for members of Hawke’s Bay Regional Council – as set by the Remuneration Authority in their 2019 The purpose of the Councillor’s role is to represent the Determination and effective until the official result of interests of all communities in the Hawke’s Bay the election is declared are: Region, ensuring ongoing community and economic development, the effective stewardship of existing Effective 1 July Position assets, sustainable management of the environment, 2019 and the prudent management of the Council’s Chairperson $127,436 pa financial resources. Deputy Chairperson $66,287 pa Collective Duties • Representing the interests of the Council. Committee Chairperson $66,287 pa • Formulating the Council’s strategic direction and Councillor $53,030 pa relative priorities through the Long Term Plan (LTP), which determines the services and

activities to be undertaken by Council of a ten After the 2019 election, the Remuneration Authority year period. will change the way that Councillor remuneration is • Determining the expenditure and funding distributed. A pool of funding will be confirmed by the requirements of Council activities through the Remuneration Authority and the newly elected LTP and annual planning processes. Council will determine how this will be distributed. • Overseeing, developing and/or approving all The Council agreed distribution of the remuneration Council policies, administrative, legal, financial pool will then be subject to the approval of the and strategic, including formal regional planning Remuneration Authority. matters within the Council’s geographical area of Position Effective the day after responsibility. the date on which the • Monitoring the ongoing performance of Council official result of the 2019 against its stated objectives and policies election is declared * (including formal sign-off of the Annual Report). Chairperson $136,000 pa • Ensuring prudent use of Council resources. • Law-making (bylaws). Deputy Chairperson TBC • Overseeing Council compliance with any relevant Acts of Parliament. Committee Chairperson TBC • Employing, setting performance requirements for, and monitoring the ongoing performance of TBC, but not less than the Council’s Chief Executive. (Under the Local Councillor $50,378 pa Government Act 2002, the local authority employs the Chief Executive who, in turn, Councillors are able to claim a travel allowance for employs all other staff on its behalf – elected attendance at official Council and committee members of Council have no responsibilities for, meetings, and a Childcare allowance (including and cannot direct any staff employed by the eligibility criteria) will be introduced following the Council other than the Chief Executive.) election. Salaries are paid monthly, and allowances Representation and Advocacy and expense reimbursements are paid upon claim. • Bringing the view of the community into Council Council Members’ Responsibilities decision making processes. • Being an advocate for community groups and Elected members govern the Hawke’s Bay region, individuals at Council meetings. collectively exercising the powers, duties, authorities • Balancing the need to advocate for specific and responsibilities vested in the Council by the Local interests against the needs of the wider Government Act, Resource Management Act and community. other Acts. • Listening to the concerns of local residents and Individual members do not have any specific authority ratepayers on issues pertaining to the Council. to act or make decisions as individuals, and actions of • Maintaining contact with community Councillors are covered by an adopted Code of representatives and other local stakeholders. Conduct. • Participating in any relevant consultative processes with the local community and/or other organisations.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 6 Governance • Ensuring sufficient familiarity with Council • Participating constructively and effectively in the Standing Orders and procedures to be able to good governance of the Council as a whole. Chair Committee meetings and any other • Understanding and ensuring that basic principles sessions of Council for which they have of good governance are a part of the decision responsibility. making approach of the Council. • Undertaking sufficient preparation before • Understanding and respecting the differing roles meetings they are chairing to effectively carry of Chairman, Deputy Chairman, committee chairs out their role as Committee Chair. and councillors. • Ensuring any meetings they Chair act within the • Recognising that the governance role does not powers delegated by the Council. extend to operational matters or to the • Managing the progress of business during management of any implementation. meetings, including ensuring adherence to the • Having a good understanding of the Council Council’s Code of Conduct, Standing Orders and processes set out in the Standing Orders that any other statutory obligations and determine how Council meetings are run. requirements. • Developing and maintaining a working • Ensuring that all meeting participants have an knowledge of Council service, management opportunity to make an appropriate contribution processes, powers, duties and constraints. within the bounds of Standing orders and due • Participating in the setting and monitoring of process. Council policies, budgets, strategies and service • Maintaining and ensuring due order and delivery through annual and long term planning decorum throughout meetings they Chair. processes. • Commenting to the media (or other agencies) as • Ensuring familiarity with agendas and other the Council spokesperson on issues arising that Council reports before Council meetings. pertain to their Committee or that are on the • Being familiar with and complying with the agenda in the areas of Council activity and statutory requirements of an elected Councillor. business within their area of responsibility, but • Complying with the Code of Conduct adopted by only if delegated to do so by Council. the Council. • Liaising with appropriate Council staff in respect • Identifying, being aware of and declaring any of the areas of Council activity and business potential conflicts of interest, whether of a within the Committee Chair area of pecuniary or non-pecuniary nature. responsibility. • Providing political leadership in building a Committee Chair political consensus around Council issues in the The purpose of the Committee Chair’s role is to areas of Council activity and business that are coordinate, lead and direct the business of a Council within their area of responsibility. committee, in a manner consistent with the powers • Recognizing and contributing to issues that cut delegated by Council under its terms of reference. across specific areas of Council activity and Responsibilities in addition to those of a councillor business within the Committee Chair area of include: responsibility.

• Chairing meetings of the Committee in the area • Working closely with other elected members of of Council activity and business within their area Council to ensure smooth Council decision of responsibility. making.

• Representing the Council to a high standard in • Keeping abreast of all issues concerning Council the areas of Council activity and business within activity and business within their area of their area of responsibility, recognizing that responsibility. conduct in the role of Committee Chair reflects The Committee Chair may be removed from office by on Council as a whole. resolution of the Council. • Promoting and supporting good governance by Chairperson’s role the Council. • Developing a clear understanding of the terms of The Chairperson is elected by the members of the reference of their Committee, and of the scope Council at the first meeting. In addition to the role as a and range of the specific areas of Council Councillor, the Chairperson’s role is: activities and business within their area of • To represent and advocate for the community’s responsibility to allow them to carry out their social, economic, environmental and cultural role as Committee Chair. well-being, taking a sustainable development approach, as well as the effective stewardship of assets, and the prudent management of the Council’s financial resources; and

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 7 • To lead Council in the establishment of the The Chairperson has no power to commit the Council strategic direction and development of the to any particular course of action except where district’s strategies and plans, monitoring their specifically authorised to act under duly delegated delivery, to achieve the outcomes and results authority. agreed in consultation with the respective The Deputy Chairperson is also selected by the electors represented by Council. Members of the Council at the first meeting of the Responsibilities in addition to those of a councillor Council. The Deputy Chairperson exercises the same include: roles as other elected Members. In addition, if the • To contribute to and lead Council in the Chairperson is absent or incapacitated, or if the office development and monitoring of Regional of Chairperson is vacant, then the Deputy Chairperson strategies and plans to ensure the effective must perform all the responsibilities and duties, and development and delivery of essential services, may exercise the powers of the Chairperson. infrastructure assets and community facilities. Code of Conduct • To lead Council, in the appointment and in managing the performance of the Chief Elected members have specific obligations governing Executive, ensuring the strategies and plans of their conduct, set out in the following legislation. Council are effectively implemented. Schedule 7 of the Local Government Act 2002, which • To represent and speak on behalf of Council and includes obligations to act as a good employer and to the community and act as an advocate for it, by abide by the current code of conduct and standing identifying and bringing together the multiple orders. and diverse interests and needs of the The Local Authorities (Members’ Interests) Act 1968 Community represented, taking primary which regulates the conduct of elected members in responsibility for interaction with the media, and situations where there is, or could be, a conflict of representing Council at meetings with external interest between their duties as an elected member parties. and their financial interests (either direct or indirect). • To provide effective leadership and direction to The Secret Commissions Act 1910, which prohibits Council by overseeing and supporting positive elected members from accepting gifts or rewards working relationships between Councillors, which would be seen to sway them to perform their recommending the appointment of standing duties in a particular way. committee chairs, and working in partnership with the successful appointees to ensure each The Crimes Act 1961 regarding the acceptance of gifts standing committee operates effectively and for acting in a certain way and the use of official carries out its business in an orderly manner. information for private profit. • To preside over Council, ensuring that Council Under Schedule 7 Part 15 of the Local Government carries out its business in a democratically Act 2002 Council is required to adopt a Code of responsible and orderly manner through the Conduct for members of the Council. HBRC’s current adoption of transparent decision-making Code of Conduct can be viewed on the HBRC website, processes, effective consultation, facilitating or provided in hard copy on request to the Principal consensus and enforcing standing orders as Advisor Governance (ph 833 8017). required. • To develop effective relationships with peers and Members’ Interests colleagues in neighbouring councils, central The Local Authorities (Members’ Interest) Act 1968 government, Iwi and significant other interest fulfils two underlying purposes, it: groups relevant to Council in order to represent • prevents members from using their position to community interests and as far as possible, obtain preferential treatment from the authority achieve a shared approach to solving common of which they are a member in contracting problems. situations • To represent the interests and special features of • ensures that members are not affected by the Region as a whole to central government and personal financial motives when they participate nationally, attracting public and private funding in authority matters. and investment and major events to the Region. Under Section 6 of the Act, elected members may not • To identify issues of concern to Council and to discuss or vote on any matter in which they have a serve as a catalyst in devising and ensuring the pecuniary interest when it is being considered by the implementation of solutions. Council or a committee. Elected members failing to • To have an understanding and knowledge of the observe this prohibition commit an offence and can be Council’s Governance Statement and Code of prosecuted. Conviction leads to disqualification from Conduct. office. • Ceremonial Head of Council.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 8 When a matter in which a member has a pecuniary  To make people’s responsibilities clearer interest is raised at a meeting of the Council or  Managing risk committee, the member prohibited from voting on or  To require PCBUs (person conducting a business discussing the matter must declare the pecuniary or undertaking) to engage with their workers and interest. The fact of that disclosure and abstention enable them to participate on an ongoing basis from discussion and voting is also recorded in the  Consultation, co-operation and co-ordination minutes. While it is not necessary to withdraw from among PCBUs in a workplace. the meeting, it is good practice to do so. For elected members, the most significant implication Under Section 3 of the Act, elected members may not is the role of “Officer” and the requirement for have a concern or interest in contracts made by the Officers to meet due diligence duties. Council when payments made for those contracts What is an Officer and what do they need to do? exceed $25,000 (including GST) in any particular year. An Officer under the HSW Act is a person who holds a That amount may only be exceeded if the Council has very senior leadership position within a PCBU, and has either obtained the prior approval of the Audit Office the ability to significantly influence the management or, in special circumstances, obtained retrospective of the entity. approval. Hawke’s Bay Regional Council (HBRC) is a PCBU and its Further information is available on the OAG website: Officers include Elected Council Members and the www.oag.govt.nz/2010/lamia Chief Executive. Under the Act there are a number of exceptions to the Officers are leaders and must set strategic health and disqualification rule in section 3. safety pillars, then ensure HBRC is meeting its health A candidate who has a contract that falls within any of and safety responsibilities. Officers cannot be the following categories will not be disqualified. everywhere all of the time, but Officers’ due diligence  Before the election, all of the candidate’s is vital to ensuring HBRC understands and manages its obligations (or candidate’s company’s key risks. To do due diligence Officers must take obligations) in respect of the contract have been reasonable steps to: performed and the amount to be paid by the  Keep up to date knowledge and literacy of health Council has been fixed (whether or not it has and safety been paid), or  Understand the operations of HBRC  Although the candidate’s obligations (or  Ensure and check that HBRC has appropriate candidate’s company’s obligations) under the resources and processes for health and safety. contract have not been performed before the Officers must also be able to demonstrate that they election, the amount to be paid by the Council is have done their due diligence, therefore good already fixed (subject to amendments and personal records are important. additions as allowed for in the contract), whether or not it has been paid, or Elected members are not considered Officers of one of  Although the candidate’s obligations (or its Council Controlled Organisations (CCOs) unless for candidate’s company’s obligations) under the example they are on the Board of the particular CCO. contract have not been performed before the Then they would have Officer obligations related to election, either: that entity. o The contract’s duration does not exceed 12 Hawke’s Bay Regional Council and elected members as months, or Officers under the HSW Act o The contract is relinquished (with the HBRC is proactively partnering with elected members authority’s consent) within a month of the to ensure the Council and its Officers can meet their candidate becoming a member and before he responsibilities under the HSW Act. or she starts to act as a member. Liabilities of Officers under the HSW Act Further information on application of these points Under the HSW Act there are a number of offences should be made with the Office of the Auditor General which carry penalties and fines (HBRC and the Officer - at [email protected] or ph (04) 917 1500. can be held personally liable depending on the Health and Safety at Work Act 2015 circumstances). In extreme cases jail sentences can be imposed. The Health and Safety at Work Act 2015 (HSW Act) came into force on 4 April 2016, replacing the Health Elected members as Officers have an exemption under and Safety Employment Act 1992. The HSW Act is the HSW Act from some offences. Offences that aimed at the elimination of serious work-related elected members as Officers can be liable for include injuries and deaths in New Zealand. failure to comply with an improvement notice. This can result in a fine up to $50,000 for an individual or The main focuses of the HSW Act are: $250,000 for a body corporate. Insurance is not  To create a higher level of awareness around available to cover the cost of such fines. health and safety

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 9 Pre-election Report Declaration by Councillors All Councils must prepare a Pre-election report (PER). I ……… declare that I will faithfully and impartially, The report is prepared by the Chief Executive and according to the best of my skill and judgement, independently of the Chairperson and Councillors. execute and perform, in the best interests of the Local Government Act 2002, section 99a, sets out the Hawke’s Bay region, the powers, authorities, and information that must be included in the report and its duties vested in or imposed upon me as a member timing. The PER includes information previously of the Hawke’s Bay Regional Council by virtue of published in other Council documents including Long the Local Government Act 2002, the Local Term Plans, Annual Plans and Annual Reports. As such Government Official Information and Meetings the information reflects the policy and service delivery Act 1987, or any other Act. direction of the current Council. The pre-election report has a particular focus on how Candidate Eligibility the Council is performing financially, including the A person is qualified to be a candidate for a current financial position, key spending issues over the city/district/regional council if she or he is: coming years, historic information for the past three • Enrolled on a parliamentary electoral roll years, and Council’s planned financial position for the somewhere in New Zealand; and next three years. • a New Zealand citizen (either by birth or The PER also outlines Council’s broader financial goals, naturalisation ceremony (LEA, s25). which are included in its Long Term Plan. Restrictions on candidates for local authority elections The pre-election report will be available from the are: Council’s website in July 2019. Candidates are advised  A candidate may stand for either the regional to read the report when it becomes available. council or any city/district council/ community/ Inaugural Meeting local board in the regional council’s district but not both [LEA s58]. Members come into office on the day after they are  A candidate may not stand for more than one declared to be elected, except where a candidate is constituency of the same local authority [LEA unopposed at the election and comes into office on s57A]. polling (Election) day. However, no person is able to  act as a member of any local authority until he or she A candidate cannot nominate themselves for office. has, at a meeting of the local authority, made a declaration as required by the Local Government Act.  A person who personally or through their spouse This is done at the first (Inaugural) meeting after the or partner is concerned or interested in contracts local authority elections. over $25,000 per financial year with the regional council (Section 3(1) Local Authorities (Members’ The Inaugural meeting of the Hawke’s Bay Regional Interests) Act 1968), unless prior approval of Council is scheduled to commence at 9am on Audit New Zealand is obtained. Wednesday 30 October 2019, where councillors  An employee of Hawke’s Bay Regional Council will swear an oath of office, and elect a Chairperson can stand for election as a Hawke’s Bay Regional and a Deputy Chairperson. Council councillor, however, if elected, they must resign from their position as an employee of the The business to be conducted at that meeting will local authority before taking up their elected include: position. (LGA s41(5)) • The making and attesting of declarations required of the Councillors Notes • Election and declaration of the Chairperson and  A candidate for the Hawke’s Bay Regional Council Deputy Chairperson election can stand for other regional council • A general explanation of the Local Government elections or for city or district council elections Official Information and Meetings Act 1987 and outside of the Hawke’s Bay Regional Council other laws affecting Elected Members. boundary. • The fixing of the date and time of the first  Candidates are required to record on the ordinary meeting of the Council, and adoption of nomination paper if they are standing for the schedule of ordinary meetings for the election in any other elections in New Zealand. remainder of 2019.  Candidates need not be a resident or ratepayer in the constituency in which they are seeking election, or for that matter, the Hawke’s Bay region, but they must be nominated by two electors of that constituency and they must declare whether they reside within the election area or not.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 10 Nominations • Candidates not part of a political party may wish to nominate their affiliation as “Independent” or Key Dates leave as blank (if left blank, nothing will show Nominations open on Friday 19 July 2019, and close alongside the name on the voting document). at 12 noon on Friday 16 August 2019. • A candidate requiring a specific party affiliation The Electoral Officer cannot accept late nominations must have authority to adopt the affiliation from under any circumstances. the party concerned (i.e. a party letterhead or letter of consent to use the affiliation). This is a Public notices calling for nominations are published in safety measure to avoid any illegal adoption of Hawke’s Bay Today, Napier & Hastings Mail, Central party affiliations. Hawke’s Bay Mail and Wairoa Star as well as councils’ • No affiliation that is offensive in nature or is likely websites and social media channels. to confuse or mislead electors will be accepted. Each nomination must be made on the appropriate official nomination form, and a separate form is Other Names required for each nomination. If a candidate is commonly known in the community by a slightly different name (e.g. Edward Smith is Nomination Forms commonly known as Ted Smith) and has been known A nomination form is downloadable from Council’s by this name for at least the last six months (to the website, and available in hard copy from Friday 12 July satisfaction of the Electoral Officer), the commonly 2019 at: known name may appear on the voting paper. Hawke’s Bay Regional Council The candidate’s name may not be one that: 159 Dalton Street Napier or phone 06 835 9200 • might cause offence to a reasonable person to request a form be posted to you • is unreasonably long And from Friday 19 July 2019 at: • is, or includes or resembles, an official title or Napier City Council, Hastings District Council, rank Wairoa District Council, and Central Hawke’s Bay • is likely to cause confusion or to mislead electors. District Council offices. Titles Each nomination must have the consent of the Titles (i.e. Dr, JP, Sir, Dame, etc) are not permitted candidate, who must be nominated by two electors next to the candidate’s name on the voting paper or whose names appear on the Electoral Roll for the profile statement, but can be included as part of the constituency the candidate is standing in. The 150 word profile text if desired. candidate may not nominate himself or herself. Evidence of NZ Citizenship If a candidate is unable to sign the nomination form (e.g. absent overseas), a letter of consent signed by It is now a requirement of the nomination process that the candidate is acceptable to attach to the form. all candidates provide evidence of their NZ citizenship. This is to be provided at the time of candidate Residency in Area nomination. Acceptable evidence includes a NZ birth A candidate must declare if they reside in the area certificate or Passport, or NZ citizenship certificate. they are seeking election or not. This declaration is Nomination Deposit shown at the top of the profile statement but does not count as part of the 150 word statement. Each nomination form lodged requires a deposit of $200 (inclusive of GST). This is refunded upon Standing in Other Elections in New submission of the Return of Electoral Expenses and Zealand Electoral Donations form, if the candidate polls more A candidate must declare if they are standing for any than 25% of the lowest successful candidate. other elections in New Zealand at these triennial Payment of the nomination deposit can be made by elections. This will be shown at the top of the profile cash or EFTPOS when delivering your nomination in statement but does not count as part of the 150 person at the HBRC office, or online banking deposit. word statement. Details for the payment of the deposit by online Affiliations banking are shown on page 2 of the nomination form, and following, including the reference and code details • The nomination form provides for a candidate to required for each online payment. have an affiliation. An affiliation is described in LEA s57(3) as “an endorsement by any If paying by online banking, evidence of the organisation or group (whether incorporated or transaction must be provided at the time the unincorporated)”. nomination documents are submitted, i.e. a printout of the transaction receipt.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 11 Electronic Deposit to be paid into: A disclaimer concerning the accuracy of the Account name: Hawke’s Bay Regional Council information contained in the statements will be Bank: BNZ published in the profile booklet that goes out to Account number: 02-0700-0302819-00 electors with the voting documents. Using the following deposit information: The Electoral Officer may make the candidate profile Deposit reference: CANDIDATE statement available to the public, e.g. on the Council Code: (Your surname & first initial) website, at any time after the close of nominations. Return of Nomination Forms In addition to the profile statement, the candidate: • must state whether or not their principal place of All nomination documents must be submitted at the residence, being the address where the same time, i.e. nomination form, candidate profile candidate is registered as a Parliamentary statement, photo, proof of nomination deposit and elector, is in the constituency for which they are evidence of NZ citizenship. A nomination will not be seeking election, and accepted if any components are missing. • if the candidate is seeking election to any other Completed Hawke’s Bay Regional Council nomination position in elections to which the LEA applies (i.e. forms must be lodged in time to be received no later District Health Board), they must specify the than 12 noon, Friday 16 August 2019, either by position and state that they are seeking election uploading online (https://www.hbrc.govt.nz/our- to it. council/elections/stand/), emailing to These statements are not counted as part of the 150 [email protected], or in person at: word limit. Hawke’s Bay Regional Council 159 Dalton Street, Napier 4110 Format of Candidate Profile Monday – Friday 8.00am – 5.00pm Statements Once lodged, nomination forms are checked to ensure The format requirements for profile statements is that the candidate’s name appears on a Parliamentary Roll the English text must be in plain text (see Translations and the nominators are two electors whose names for use of other languages), in paragraphs, with no appear on the Electoral Roll for the Constituency the special formatting, ie: nominee is seeking election for. No Bold, Italic, Underlining, etc Lodging nomination forms and candidate profile No Tabs statements should not be left to the last minute. If a No Quote marks nomination form is lodged late on the morning No Accent marks (English text only) nominations close, and has been incorrectly No Bullet points. completed or ineligible nominators are provided, A typewritten candidate profile statement is there may not be sufficient time to correct the preferred, together with an electronic copy in situation and the nomination could be invalidated. Microsoft Word if possible. It is the candidate’s responsibility to ensure that your If a candidate chooses not to submit a profile nomination form is correct, not the Electoral statement or photo, a statement: “No Profile Officer’s. Statement and/or Photo provided” or similar will be Candidate Profile Statement printed in the profile book below the candidate’s name and statement of residence. Every candidate may provide the Electoral Officer with a typewritten candidate profile statement with his or Translations her nomination. This is a statement of up to 150 A typewritten candidate profile statement is words containing information about the candidate and preferred, together with an electronic copy in his or her policies and intentions if elected to office. It Microsoft Word if possible, as above. cannot be used to comment on the policies or A profile statement written in any other language, or performance, etc of any other candidate. combination of languages, must not exceed 150 words Correctness of Profile Statements in total, or their equivalent if symbols are used rather The candidate is responsible for ensuring that their than words. This means a total of 150 words can be candidate profile statement contains correct grammar, used, e.g, 75 words in Mandarin + 75 words in English, spelling, punctuation, etc when submitted. The or 150 words in Mandarin. Electoral Officer accepts no responsibility to make any Where all or part of a candidate profile statement is correction. provided in a language other than English or Māori, The Electoral Officer is not required to verify or the candidate must, when lodging his or her profile investigate any information included in a candidate statement, provide the electoral officer with a profile statement and will take no responsibility for translation of the profile into English for verification of the accuracy of the content. the content.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 12 The translation is not printed in the profile. Candidate Withdrawals If the candidate profile statement is submitted in Candidates cannot strategically or politically withdraw Māori and English, the information contained in each their nomination once nominations have closed. language must be substantially consistent with the After the close of nominations, death or incapacity as information contained in the other language. a result of an accident or illness are the only Therefore, in the case where a candidate statement circumstances under which candidates can withdraw. includes a mihi or greeting, that should be explained in A medical or death certificate must be provided for the English version in a manner substantially such a withdrawal to be accepted by the Electoral consistent with the Māori version, within the 150 Officer. word limit for each language. A withdrawal application can be made by a candidate Where all or part of a candidate profile statement is or an agent on their behalf, and the $200 deposit will provided in any language that uses other than English be refunded. symbols (e.g. Japanese, Mandarin, Korean), the statement needs to be provided in an electronic graph file. Campaigning All translations need to be supplied as a single image, Election campaigning can commence any time and 55mm high and 85mm wide (if more than one may continue up to and including Election Day, language is translated, they need to be supplied Saturday 12 October 2019. together in the single image) in this format. There are generally no rules around conduct of  EPS bitmap campaigning by candidates, although there are certain  black and white election offences, which are detailed for your  600 dpi information in this guide. Please refer to them for  1mm white space included around the top and your own protection. left hand side of the image. No election material can contain: Translation Service  Any untrue statement defamatory of any A translation company is recommended to assist candidate and calculated to influence the vote of candidates who are unable to prepare the translation any elector image themselves or do not know of anyone to do this  An imitation voting paper which has the names for them. of the candidates with any direction or indication Pacific International Translations (NZ) Ltd - as to the candidate a person should vote for, or PACTRANZ in any way contains such direction or indication P O Box 7067 Wellesley St, Auckland 1141 likely to influence the voter. Phone: 0508 872 675 Fax: 09 913 5291 Election Advertising Email: [email protected] Election advertising, using any media including social Website: www.pactranz.com media, must identify the person under whose This translation service will provide the translations in authority they have been produced, as per Sections the above format to meet the requirements of the 113-115 of the Local Electoral Act 2001. printer, the cost of which is to be met by the This means that for posters and adverts etc, each candidate. candidate must have a sentence at the bottom saying Format of Candidate Photos that it is authorised by the candidate, i.e. “This Candidate photos are to be a head and shoulders shot advertising has been authorised by Joe Candidate, 20 only, with nothing else in the photo, i.e. no hats, Somewhere St, Sometown.” A physical address must external objects or impediments, or other people. If be provided on this authorisation; it cannot be a PO necessary the Electoral Officer will crop the photo, but Box or rural delivery number. the candidate’s responsibility is to provide a photo There must be a reasonable expectation that anyone that complies with the following format. wishing to discuss the advertising can do so with the  472 pixels wide by 709 pixels high candidate or their agent at the address listed. The use  400 KB maximum of a council building address is not permitted in the  set to greyscale or full colour at 600dpi. authorisation address. This should be supplied electronically as a JPEG or PNG Candidates are reminded to be socially responsible format on a datastick, CD or emailed to the Electoral and truthful with the content of their campaign Officer. material. Any queries regarding the format of photos and Campaign advertisements are subject to the profiles are to be made to the EO. Advertising Standards Authority (ASA) Code.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 13 Wherever facts are quoted, the Code is strict that the • Candidates cannot reply to the Council’s social facts must be correct, however where a person holds a media posts or share with a comment broad view or opinion, the Code allows them to do so. encouraging people to like or follow their own The ASA settles disputes during elections within two to social media accounts or any other three days, and takes complaints from electoral electioneering tool. Any posts that do this will be officers and the public. The usual penalty for breaches removed immediately. of the code is for the advertising to be removed. • Candidates must not link their own social media accounts (if they are used for campaigning Council Resources purposes) to the Council’s social media accounts. Candidates are not permitted to use Council resources • Candidates cannot rate, review, check-in or tag for campaigning purposes. Council resources include, the Council’s social media channels. but are not limited to, Council’s logo and branding, • The Council’s social media accounts will remain websites and social media, computers and mobile neutral. Hawke’s Bay Regional Council will devices, email, stationery, photocopiers and printers, promote elections and the importance of voting cars, meeting rooms and venues (except those but will not associate these posts with any available for public hire) and staff. candidates. Online Guidelines for HBRC For the sake of clarity, our organisation’s web and social media channels under control of HBRC (@ Candidates 15 May 2019) are: Candidates must comply with the following guidelines Council and CCO Social Media Channels for web and social media use and presence relating to election campaigning. The following guidelines apply • HBRC Facebook immediately (1 July 2019) until 24 hours after • HBRC Instagram elections close (12pm, Sunday 13 October 2019). • HBRC Twitter These guidelines apply specifically to the online tools • Hawke's Bay Regional Council Linkedin used by Hawke’s Bay Regional Council and Council • Hawke’s Bay Regional Council YouTube Controlled Organisations (CCOs), referred to as “our • HB Parks & Trails Facebook organisations”. • HB Parks & Trails Instagram Things to be aware of • HB CDEM Facebook • Election advertising, using any media including • HB CDEM Twitter social media, must identify the person under • East Coast LAB Facebook whose authority they have been produced. This means in your profile photo/bio, you must have a • East Coast LAB Twitter statement saying that all content/images on your • Cape to City Facebook social media channel are authorised by you or • Poutiri Ao ō Tāne Facebook your agent, and must include a physical address. Council and CCO Websites • The Regional Council’s social media accounts (listed below), including but not limited to • www.hbrc.govt.nz Facebook, Twitter, Instagram, LinkedIn and • www.hbemergency.govt.nz Neighbourly, are not permitted to be used as a • www.eastcoastlab.org.nz communications channel by anyone (candidates • www.capetocity.co.nz or members of the public) for promotion, • www.poutiri.co.nz electioneering or campaigning. This also applies • www.biodiversityhb.org to all social media accounts owned by Council- controlled organisations. • www.hbcoast.co.nz • The Council’s social media accounts are • www.hpuds.co.nz constantly monitored and any campaign related • www.hbtrails.nz or electioneering content will be removed immediately. • If the Regional Council already follows your public social media accounts, please note you will be unfollowed immediately. This protocol is in line with the Local Electoral Act 2001. • Any social media post – positive or negative – made by any individual specifically relating to their own – or someone else’s – nomination, intention to run for Council, or election campaign, will be removed immediately.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 14 Election Hoardings 1.5 To minimise staff involvement, NZTA shall: For enquiries regarding approved sites and rules on  act quickly on inquiries from political parties erection of election hoardings and enforcement and the public; matters, please contact the local city or district council  instruct network consultants to inspect all in the area where you are placing signs (which in state highways for compliance every 7 to 10 HBRC’s case includes Taupō and Rangitikei District days; councils for the Ngaruroro Constituency).  phone/fax the parties/candidates where there is non compliance, requesting Local Council Contacts action/removal within 48 hours; and Hastings District Jackie Evans, 06 871 5018,  instruct consultants to remove the signs if Council [email protected] there is no action after 48 hours. 1.6 Where any sign is erected without NZTA Napier City Devorah Nícuarta-Smith, 06 834 approval in an obviously unsafe location it must Council 9826, [email protected] be removed immediately and stored Wairoa District Kitea, 06 838 7309, undamaged. The party must then be advised of Council [email protected] the storage location for retrieval at a fee of $50 Central Hawke’s Leigh Collecutt, 06 857 8060, to cover NZTA costs. Bay District [email protected] 2. On property adjoining rural state highways and on Council urban state highway reserves and adjoining Taupo District Tina Jakes, 07 376 0899, property [local authorities to manage] (where Council [email protected] urban areas relate to state highway’s with speed limits of 70 km/h or less). Rangitikei District Blair Jamieson, 06 327 0099, Council [email protected] 2.1 NZTA shall refer all applicants/parties to the appropriate local authority. NZTA Guidelines for Managing 2.2 Although it is expected that local authorities will Electioneering Signs on State administer their own controls in terms of district plans, NZTA should make known its views that Highways any signs should meet the NZTA policy The guideline objectives are to minimise the potential requirements set out in paragraphs 1.3 and 1.4 for road crashes arising from drivers being distracted above. by indiscriminate installation of electioneering signs 2.3 Beyond appropriate liaison with local authorities and to ensure consistency of application of NZTA policy to convey the above policy, NZTA shall have no on such signs with minimal involvement by NZTA. other involvement with signs in these areas. 1. On Rural State Highway Reserves [NZTA to Manage] 1.1 Signs should generally be located off state Election Expenses highway reserves. In exceptional circumstances Candidates have campaign expenditure limits and are only, signs may be erected within the state required to file a return with the Electoral Officer after highway reserve with the written approval of the election. This means a limit has been placed on state highway managers. how much a candidate can spend on his or her 1.2 For the exceptional circumstance to apply, the campaign, and this includes donations and joint applicant must be able to demonstrate that all campaigning. other options have been exhausted and that there is no other appropriate safe location for Campaign expenditure is all expenses relating to the the sign. campaign from the period 3 months before election 1.3 Signs must: day, i.e. all expenditure from 12 July 2019 to 12  not be reflectorized October 2019 plus any apportioned costs of any  be located generally giving consideration to election campaigning carried out prior to 12 July 2019 visibility and traffic safety; (refer S.112 LEA 2001).  not be on or adjacent to motorways; N.B. The cost of framing to hold up an election sign is  not be erected in a manner that will create not an item of campaign expenditure. distraction  or danger to road users, and  not imitate any official traffic signs. 1.4 For safety reasons, vehicle mounted signs situated on state highway reserves are not permitted.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 15 The campaign expenditure levels are: • Donations to candidates can be made up of Local government area Expenditure limit pooled funds contributed by more than one population person (referred to as donations funded from contributions). These types of donations include, up to 4,999 $3,500 for example, campaign donations made through 5,000 – 9,999 $7,000 a Trust, or where there is a fundraising collection for a candidate’s campaign. 10,000 – 19,999 $14,000 • Candidates must disclose, in their return of 20,000 – 39,999 $20,000 electoral donations and expenses, whether a donation is funded from contributions and the 40,000 – 59,999 $30,000 name and address of any individuals contributing 60,000 – 79,999 $40,000 amounts in excess of $1,500. Anonymous 80,000 – 99,999 $50,000 donations made through contributions are limited to a maximum of $1,500 per donation. In Hawke’s Bay this means: Please refer to relevant provisions of the Local Electoral Act 2001 relating to electoral donations and Population Constituency Campaign expenses in the “Electoral Offences” section of this Expenditure booklet. Limit The Electoral Officer’s role is to bring these matters to Central Hawke’s Bay 14,150 $14,000 the attention of all candidates. It is not the role of the Electoral Officer to enforce these requirements. Hastings 59,150 $30,000 Return of Electoral Expenses & Napier 62,800 $40,000 Donations Each candidate is required to keep a record of all Ngaruroro 20,850 $20,000 campaign election expenses, and must furnish a return to the Electoral Officer within 55 days of the election, $7,000 Wairoa 8,220 i.e. no later than Wednesday 11 December 2019. * These population figures are estimates provided by the The Return of Electoral Expenses and Electoral Government Statistician as at 30 June 2018. Donations form, once returned, becomes a public Electoral Donations document and can be inspected by any person for a period of 7 years after receipt. The Electoral Officer is The rules around donations include: required to make the expenditure return and any • A limit of $1,500 on the size of an anonymous supporting documents available on council’s website. donation An election expenses return form can be downloaded • A requirement that any candidate receiving an from Council’s election web page and is available in anonymous donation of more than $1,500 must hard copy on request. pay the amount over $1,500 to the Electoral Officer (for payment into the Council’s general account) Voting and Processing of • The requirement for the candidate to disclose in Votes their return of electoral expenses and donation information about all donations above $1,500 Order of Candidates on the Voting (including those aggregated donations) Papers • Definitions of “anonymous” and “donation” Candidates for Hawke’s Bay Regional Council will be • Obligation on a third party, who passes on a listed on voting papers in alphabetical order by donation to a candidate on behalf of a donor, to surname. disclose the identity of the donor to the Special Voting candidate. • Obligation on a person administering the affairs Special voting documents are available to electors: of a candidate’s campaign to disclose the identity • whose names do not appear on the final of the donor of an anonymous donation of more electoral roll, but who qualify as electors than $1,500 (if known) to the candidate. • who did not receive a voting paper previously • Penalty provisions for non-compliance with the posted to them new requirements. • who spoil or damage a voting paper previously • Improved public access to candidate returns of posted to them. electoral donations and expenses. Special voting documents will be available from Friday 20 September 2019 to 12 noon, Saturday 12 October 2019 at City and District Council offices.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 16 Special voting documents can be posted directly out to Election Results electors. The completed voting paper however, must be in the hands of the Electoral Officer or the Deputy The counting of votes takes place as soon as Electoral Officer by noon on Saturday 12 October practicable after voting closes at 12 noon on Saturday 2019. 12 October 2019. Special voters must complete a statutory declaration. It is expected that a progress result will be released by This is a legal requirement and a protection for the Electoral Officer by 4pm on Saturday 12 October electors against possible duplicate voting. 2019. The preliminary result will be released as soon as all ordinary voting papers have been received and If an elector requests a special vote and is not on the processed at the processing centre. This is likely to be parliamentary roll (e.g. just turned 18 years of age), by midday Sunday 13 October, if not before. the person must enrol on the parliamentary roll by Friday 11 October 2019. An application for registration Candidates will be advised the progress results on as a parliamentary elector can be obtained: election day - either by e-mail or phone. Only two attempts to communicate the progress result to any • from any Post Shop candidate will be made. These will be made around • by telephoning 0800 ENROLNOW (0800 367656) the time that progress results are posted to the • by accessing the Electoral Enrolment Centre Council website. website on www.elections.org.nz. Results will be released to candidates and media via After voting closes, special vote declarations are email and www.hbrc.govt.nz. forwarded to Registrars of Electors for verification that the elector is eligible and has enrolled as a parliamentary elector. Special voting documents cannot be collected by candidates or their assistants for distribution to electors. Early Processing of Returned Voting Papers Pursuant to Section 80 of the Local Electoral Act, returned voting papers will be opened and processed during the voting period, before the close of voting. Voting papers for Hawke’s Bay Regional Council are being processed by election contractors electionz.com Ltd and Independant Election Services Ltd. The early processing of voting papers involves the following functions:  opening of envelopes  extracting of voting papers  checking for informal or duplicate votes  electronic capture of valid votes  no tallying of votes is undertaken until after the close of voting (12 noon, Saturday 12 October 2019). The early processing functions are undertaken within strict security measures. One or more Justices of the Peace observe all early processing functions, and sign a statement at the end of the processing that all functions were undertaken correctly and conformed with the legal and secrecy requirements. Candidate’s scrutineers are not permitted to observe the early processing functions.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 17 Election Offences distribute, or deliver a card or leaflet (not being an imitation voting document) on which is Local Electoral Act 2001 printed – 121. Illegal nomination, etc (a) the names of all or any of the candidates Every person commits an offence, and is liable on and the elective offices for which they are summary conviction to a fine not exceeding $2,000, candidates (with or without the name of who – the organisations or groups to which those (a) consents to being nominated as a candidates are affiliated, and including candidate for an elective office knowing those who are independent); and that he or she is incapable under any Act of (b) nothing else. holding that office; or 3. Nothing in this section applies to – (b) signs a nomination form purporting to (a) any official statement or announcement nominate as a candidate a person who is, made or exhibited under the authority of to the knowledge of the person signing, this Act or regulations made under this Act; incapable under any Act of holding that or office; or (b) any candidate profile statement, (c) signs a nomination form purporting to published, displayed, or distributed under nominate another person as a candidate the authority of this Act or regulations knowing that he or she is not qualified to made under this Act. vote at the election of the person named in 123. Offences in respect of official documents the nomination form as the candidate. 1. Every person commits an offence who – 122. Interfering with or influencing voters (a) intentionally removes, obliterates, or alters 1. Every person commits an offence, and is liable any official mark or official writing on any on summary conviction to a fine not exceeding voting document, or other official $5,000, who – document used at an election or poll: (a) interferes in any way with any person who (b) intentionally places any mark or writing is about to vote with the intention of that might be mistaken for an official mark influencing or advising that person as to or official writing on any voting document, how he or she should vote: or other official document used at an (b) prints, publishes, distributes, or delivers to election or poll: any person (using any medium or means of (c) forges, counterfeits, fraudulently marks, communication) a document, paper, defaces, or fraudulently destroys any notice, or message, being or purporting to voting document, or other official be in imitation of any voting document to document used at an election or poll, or the be used at the election or poll that, - official mark on that document: (i) in the case of an election, includes (d) supplies, without authority, a voting the name of a candidate or document to any person: candidates, together with any (e) obtains or has possession of any voting direction or indication as to the document, other than one issued to that candidate or candidates for whom person under this Act or any regulations any person should vote: made under this Act for the purpose of (ii) in the case of a poll, includes a recording his or her vote, without statement or indication as to how authority: any person should vote: (f) intentionally destroys, opens, or otherwise (iii) in any way contains or suggests any interferes with any ballot box or box or such direction or indication or other parcel of voting documents without matter likely to influence how any authority. person votes: 2. Every person who commits an offence against (c) prints, publishes, or distributes any subsection (1) is liable on conviction on instruction on the method of marking the indictment, - voting document that differs in any (a) in the case of an electoral officer or other material way from the instructions electoral official, to imprisonment for a required by this Act or any regulations term not exceeding 2 years: made under this Act to accompany the (b) in the case of any other person, to voting document. imprisonment for a term not exceeding 6 2. Despite subsection (1)(b), it is not an offence months. under that subsection to print, publish,

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 18 124. Voting offences person, receives, or agrees or contracts for, Every person commits an offence, and is liable on any money, gift, loan, or valuable conviction on indictment to imprisonment for a term consideration, office, place, or not exceeding 2 years, who – employment for himself or herself or for (a) votes or applies to vote more than once at any other person for voting or agreeing to the same election or poll: or refrain from voting: (b) without authority, removes, deletes, or (b) after the voting period at the election or otherwise interferes with any voting poll, he or she directly or indirectly, on his document, or other record of a vote that or her own or by another person, receives has been cast. any money or valuable consideration on account of any person having voted or 125. Bribery refrained from voting or having induced 1. Every person commits the offence of bribery any other person to vote or refrain from who, directly or indirectly, on that person’s own voting. or by another person, - 3. Every person who commits bribery is liable on (a) gives, lends, agrees to give or lend, offers, conviction on indictment to imprisonment for a promises, or promises to obtain any money term not exceeding 2 years. or valuable consideration to or for any elector, or to or for any person on behalf of 126. Treating any elector, or to or for any other person, 1. Every person commits the offence of treating in order to induce any elector to vote or who corruptly, before, during, or after an refrain from voting; or election or poll, and directly or indirectly, on that (b) gives or obtains, agrees to give or obtain, person’s own or by another person, gives or offers, promises, or promises to obtain or provides, or pays wholly or in part the expense to try to obtain any office or place of of giving or providing, any food, drink, employment to or for any elector, or to or entertainment, or provision to or for any person for any person on behalf of any elector, or – to or for any other person, in order to (a) for the purpose of influencing that person induce the elector to vote or refrain from or any other person to vote or refrain from voting; or voting; or (c) corruptly does any act referred to in (b) for the purpose of obtaining his or her paragraph (a) or paragraph (b) on account election; or of an elector having voted or refrained (c) on account of that person or any other from voting; or person having voted or refrained from (d) makes any gift, loan, offer, promise, or voting, or being about to vote or refrain agreement referred to in paragraph (a) or from voting. paragraph (b) for, or with, any person in 2. Every holder of a licence under the Sale of Liquor order to induce that person to obtain or try Act 1989 commits the offence of treating who to obtain the election of any person or the knowingly supplies any food, drink, vote of any elector; or entertainment, or provision – (e) upon or as a consequence of any gift, loan, (a) to any person, if the supply is demanded for offer, promise, or agreement referred to in 1 or more of the purposes specified in paragraph (a) or paragraph (b), obtains, or subsection (1); or tries to obtain, the election of any person (b) to any person, whether an elector or not, or the vote of any elector; or for the purpose of obtaining the election of (f) advances or pays, or causes to be paid, any a candidate or affecting the result of a poll, money to or for the use of any other and without receiving payment for it at the person, intending that that money or any time when it is supplied. part of it will be used for bribery at any 3. Every elector who corruptly accepts or takes any election or poll; or such food, drink, entertainment, or provision (g) knowingly pays or causes to be paid any also commits the offence of treating. money to any person in discharge or 4. Despite subsections (1) to (3), the provision of repayment of any money wholly or partly light refreshments after any meeting relating to used for bribery at any election or poll. an election or poll does not constitute the 2. An elector commits the offence of bribery if, - offence of treating. (a) before or during the voting period at the 5. Every person who commits the offence of election or poll, he or she, directly or treating is liable on conviction or indictment to indirectly, on his or her own or by another imprisonment for a term not exceeding 2 years.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 19 127. Undue influence (b) attempt to obtain, in the building or other 1. Every person commits the offence of undue place where the voter has marked or influence – recorded his or her vote and immediately (a) who, directly or indirectly, on that person’s before or after that vote has been marked own or by another person, makes use of or or recorded, any information as to any threatens to make use of any force, candidate for whom, or the proposal for or violence, or restraint against any person – against which, the voter is about to vote or (i) in order to induce or compel that has voted; or person to vote or refrain from (c) communicate at any time to any person any voting: information obtained in the building or (ii) on account of that person having other place where the voter has marked or voted or refrained from voting: recorded his or her vote and immediately before or after that vote has been marked (b) who, by abduction, duress, or any or recorded, as to – fraudulent device or means, - (i) any candidate for whom, or the (i) impedes or prevents the free proposal for or against which, the exercise of the vote of any elector: voter is about to vote or has voted; (ii) compels, induces, or prevails upon or any elector either to vote or to (ii) any number on a voting document refrain from voting. marked or transmitted by the voter. 2. Every person who commits the offence of undue 3. Every person present at the counting of votes influence is liable on conviction on indictment to must – imprisonment for a term not exceeding 2 years. (a) maintain and assist in maintaining the 128. Personation secrecy of the voting; and 1. Every person commits the offence of (b) must not, except as is provided by this Act personation who, at any election or poll, - or regulations made under this Act, (a) votes in the name of some other person communicate any information obtained at (whether living or dead), or of a fictitious that counting as to any candidate for person: whom, or proposal for or against which, (b) having voted, votes again at the same any vote is cast by a particular voter. election or poll: 4. No person may, directly or indirectly, induce any (c) having returned a voting document, applies voter to display or provide access to his or her for or returns another voting document voting document or any copy of that document with the intention of returning an after it has been marked or transmitted, so as to additional valid voting document or make known to any person the name of any invalidating a vote already cast at the same candidate for or against whom, or proposal for election or poll (whether or not any voting or against which, the voter has voted. document he or she returns is valid). 5. Every person commits an offence who 2. Every person who commits the offence of contravenes or fails to comply with this section. personation is liable on conviction on 6. Every person who commits an offence against indictment to imprisonment for a term not subsection (5) is liable on summary conviction to exceeding 2 years. imprisonment for a term not exceeding 6 129. Infringement of secrecy months. 1. Every electoral officer, deputy electoral officer, 130. Disclosing voting or state of election or poll and other electoral official – 1. Every electoral officer, deputy electoral officer, (a) must maintain and assist in maintaining other electoral official, Justice of the Peace, or the secrecy of the voting; and scrutineer commits an offence who – (b) must not communicate to any person, (a) makes known for what candidate or except for a purpose authorised by law, candidates or for which proposal any any information likely to compromise particular voter has voted for or against, the secrecy of the voting. except as provided by this Act or 2. No person, except as provided by this Act or regulations made under this Act; or regulations made under this Act, may – (b) before the close of voting, makes known (a) interfere with or attempt to interfere with the state of the election or poll or gives or a voter when marking or recording his or pretends to give any information by which her vote; or the state of the election or poll may be known.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 20 2. Subsection (1)(b) does not prevent an electoral (1) A prosecution under section 112C must be officer from disclosing the total number of voting commenced within 6 months of the date on documents so far returned at an election or poll which the return was required to be filed. at any time during the voting period. (2) A prosecution under section 103I or 112D must 3. A person who commits an offence against be commenced— subsection (1) is liable on summary conviction to (a) within 6 months of the date on which the a fine – prosecutor is satisfied that there is (a) not exceeding $5,000 for an electoral sufficient evidence to warrant the officer or deputy electoral officer: commencement of the proceedings; but (b) not exceeding $2,000 for any other person. (b) not later than 3 years after the offence was 131. Penalty for electoral officer, deputy electoral committed. officer, and other electoral officials Every electoral officer, deputy electoral officer, or Regulation 34 Local Electoral Regulations 2001 other electoral official commits an offence, and is 34 Specified difficulties in voting liable on summary conviction to a fine not exceeding (1) A voting document or special voting document $2,000, who is guilty of any intentional or reckless act may be marked in the manner described in of commission or omission contrary to the provisions subclause (2) if the voter— of this Act or regulations made under this Act in (a) is physically impaired; or respect of any election or poll, and for which no other (b) is unable to read or write; or penalty is imposed by this Act or regulations made under this Act. (c) is not sufficiently familiar with any language or languages used on the

document to vote without assistance. General Provisions (2) The manner is— 137. Property may be stated as being in electoral (a) by the voter, with the assistance of a officer person authorised by the voter; or In any proceedings for an offence in relation to any (b) by a person authorised by the voter, in voting documents or other official documents, files, accordance with the voter's instructions. records, instruments, or devices used officially for an election or poll, the property in those documents, files, records, and instruments is to be treated as that Subpart 1—Electoral donations of the electoral officer at that election or poll. 103A Interpretation 138. Duty to take action in respect of offences In this subpart and subpart 3, unless the context (1) Subsection (2) applies if an electoral officer— otherwise requires,— (a) receives a written complaint that an anonymous, in relation to an electoral donation, offence has been committed under— means a donation that is made in such a way that (i) Part 5; or the candidate who receives the donation— (ii) this Part; or (a) does not know the identity of the donor; and (b) believes for any other reason that an offence has been committed under either (b) could not, in the circumstances, reasonably of the Parts specified in paragraph (a). be expected to know the identity of the donor (2) If this subsection applies, the electoral officer must— contribution means any thing (being money or the equivalent of money or goods or services or a (a) report the complaint or belief to the Police; combination of those things) that makes up a and donation or is included in a donation or has been (b) provide the Police with the details of any used to wholly or partly fund a donation, and inquiries that he or she considers may be that— relevant. (a) was given— (3) Subsection (2) does not prevent any person from (i) to the donor; or reporting an alleged offence to the Police. (ii) to a person who was required or (4) Despite subsection (2), an electoral officer is not expected to pass on all or any of its required to report the failure by a candidate to amount or value to the donor, file a return under section 112A if the candidate whether directly or indirectly (for files the return promptly after being required to example, through 1 or more do so by the electoral officer. intermediaries, trustees, or 138AA Time limit for prosecutions nominees); and

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 21 (b) would have been a donation if it had been that have a reasonable market value given directly to the candidate; and of $300 or less (c) was given in the knowledge or expectation receive, in relation to a donation, means to get a (whether by reference to a trust, an donation that has been given or sent by— agreement, or an understanding) that it (a) the donor directly; or would be wholly or partly applied to make (b) the donor indirectly, via a transmitter up, or to be included in, or to fund, a transmitter means a person to whom a donor donation gives or sends a donation for transmittal to a contributor means a person who makes a candidate. contribution and who immediately before making 103B Donations and contributions include GST the contribution— All references to the amount or value of a donation or (a) beneficially holds any money, or the contribution are inclusive of any goods and services equivalent of money, or any goods that tax incurred by the donor or contributor in respect of make up the contribution or are included in the goods or services donated or contributed. the contribution; or (b) provides any services that make up the 103C Donations to be transmitted to candidate contribution or are included in the Every person, other than a candidate, to whom an contribution or pays for those services out electoral donation is given or sent must, within 10 of money that the person beneficially holds working days after receiving the donation, transmit donation funded from contributions means a the donation to the candidate. donation that is made up of, includes, or is wholly 103D Contributors to be identified or partly funded from 1 or more contributions (1) This section applies to a donation (other than an donor means a person who makes an electoral anonymous donation) that is made up of, donation includes, or is wholly or partly funded from 1 or electoral donation or donation means a donation more contributions. (whether of money or of the equivalent of money (2) If this section applies to a donation, the donor or of goods or services or of a combination of must, at the time of making the donation, those things) that is made to a candidate, or to any disclose— person on the candidate's behalf, for use in the (a) the fact that the donation is funded from candidate's campaign for election and - contributions; and (a) includes - (b) the following information about any (i) where goods or services are contribution that, either on its own or provided to a candidate, or to any when aggregated with other contributions person on the candidate's behalf, made by the same contributor to the under a contract or an arrangement donation, exceeds $1,500 in sum or value: at a value that is less than their (i) the name of the contributor; and reasonable market value, the latter (ii) the address of the contributor; and being a value that exceeds $300, the (iii) the amount of the contribution or, amount of the difference between in the case of aggregated the former value and the reasonable contributions, the total amount of market value of those goods or the aggregated contributions; and services; and (c) the total of all of the amounts disclosed (ii) where goods or services are under paragraph (b)(iii) in relation to the provided by a candidate under a donation; and contract or an arrangement at a (d) the total of all of the other contributions value that is more than their made in relation to the donation. reasonable market value, the (3) A candidate must give back to the donor the amount of the difference between entire amount of the donation, or its entire that value and the reasonable value, if the candidate knows, or has reasonable market value of those goods or grounds to believe, that the donor has failed to services; and comply with subsection (2) in any respect. (b) excludes - (4) For the purpose of section 112A, any amount (i) the labour of any person that is given back by a candidate under subsection (3) is provided to a candidate free of taken not to have been received by the charge by that person; and candidate. (ii) goods or services provided free of charge to a candidate, or to any person on the candidate's behalf,

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 22 103E Offence relating to contravention of section (a) designate 1 election campaign for election 103D to 1 office for which the donation will be A donor who fails to comply with section 103D with used; and the intention of concealing the identity of any or all of (b) within 20 working days of receiving the the contributors commits an offence and is liable on donation, pay to the electoral officer conviction to a fine not exceeding $5,000. responsible for the conduct of the election 103F Identity of donor to be disclosed by to which that campaign relates the amount transmitter, if known of the donation, or its value, less $1,500. (1) When a transmitter transmits a donation to a (3) An electoral officer who receives an amount candidate on behalf of the donor, the under subsection (1) or (2) must, within 20 transmitter must disclose to the candidate— working days of receiving that amount,— (a) the fact that the donation is transmitted on (a) issue a receipt to the candidate; and behalf of the donor; and (b) pay the amount into the general fund of the (b) the name and address of the donor; and local authority that appointed the electoral (c) whether section 103D applies to the officer. donation and, if so, all information 103K Offence relating to contravention of section disclosed by the donor under subsection (2) 103J of that section. (1) A person who enters into an agreement, (2) Where a transmitter does not disclose, or is arrangement, or understanding with any other unable to disclose, the information required by person that has the effect of circumventing subsection (1), then the donation must be section 103J(1) or (2) commits an offence and is treated as an anonymous donation. liable on conviction to a fine not exceeding 103G Offence relating to contravention of section $5,000. 103F (2) A candidate who contravenes section 103J(1) or A transmitter who fails to comply with section 103F(1) (2) commits an offence and is liable on with the intention of concealing the identity of the conviction to a fine not exceeding $5,000. donor or any or all of the contributors commits an 103L Records of electoral donations offence and is liable on conviction to a fine not (1) A candidate must keep proper records of all exceeding $5,000. donations received by him or her. 103H Disclosure of identity of donor (2) A candidate who fails, without reasonable If any person involved in the administration of the excuse, to comply with subsection (1) commits affairs of a candidate in relation to his or her election an offence and is liable on conviction to a fine campaign knows the identity of the donor of an not exceeding $5,000. anonymous donation exceeding $1,500, the person must disclose the identity of the donor to the Subpart 2—Electoral expenses candidate. 104. Interpretation 103I Offence relating to contravention of section In this subpart and subpart 3, - 103H applicable period before the close of polling day A person who fails to comply with section 103H with means the period beginning 3 months before the the intention of concealing the identity of the donor close of polling day and ending with the close of commits an offence and is liable on conviction to a polling day: fine not exceeding $5,000. electoral activity, in relation to a candidate at an 103J Anonymous donation may not exceed $1,500 election, means an activity – (1) If an anonymous donation exceeding $1,500 is (a) that is carried out by the candidate or with received by a candidate in relation to an election the candidate’s authority; and campaign, the candidate must, within 20 (b) that relates to the candidate solely in the working days of receiving the donation, pay to candidate’s capacity as a candidate and not the electoral officer responsible for the conduct to the candidate – of the election to which that campaign relates (i) in his or her capacity as a member of the amount of the donation, or its value, less the local authority or community $1,500. board, or as the holder of any other (2) If an anonymous donation exceeding $1,500 is office; or received by a candidate who is seeking election (ii) in any other capacity; and to more than 1 office, the candidate must— (c) that comprises – (i) advertising of any kind; or (ii) radio or television broadcasting; or

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 23 (iii) publishing, issuing, distributing, or 105. Periods for claiming and paying expenses displaying addresses, notices, (1) No claim against a candidate, or against any posters, pamphlets, handbills, agent of a candidate, in respect of any electoral billboards, and cards; or expenses is recoverable unless it is sent to the (iv) any electronic communication to candidate within 30 days after the day on which the public, including (without the successful candidates are declared to be limitation) the establishment or elected. operation of a website or other (2) All electoral expenses incurred by or on behalf of method of communication to the a candidate must be paid within 60 days after the public using the Internet; and day on which the successful candidates are (d) that relates exclusively to the campaign for declared to be elected. the election of the candidate; and (3) A person who makes a payment in breach of this (e) that takes place within the applicable section commits an offence and is liable on period before the close of polling day: conviction to a fine not exceeding $5,000.” electoral expenses, in relation to a candidate at an 106. Procedure if claim disputed election, - (1) If a candidate, in the case of a claim for electoral (a) means expenses that are incurred by or on expenses sent in to him or her within the time behalf of the candidate in respect of any allowed by this Act, disputes it, or fails to pay it electoral activity; and within 60 days, - (b) includes expenses that are incurred by or (a) the claim is a disputed claim; and on behalf of the candidate, before or after (b) the claimant may, if he or she thinks fit, the applicable period before the close of within a further 30 days, bring an action for polling day, in respect of any electoral the disputed claim in any court of activity; and competent jurisdiction. (c) includes the reasonable market value of (2) Any sum paid by the candidate to satisfy the any materials applied in respect of any judgment or order of the Court in any action electoral activity that are given to the referred to in subsection (1) is to be treated as candidate or that are provided to the paid within the time allowed by this Act. candidate free of charge or below 107. Leave to pay claim after time limited reasonable market value; and (1) A District Court may, on the application of the (d) includes the cost of any printing or postage claimant or the candidate, grant leave to the in respect of any electoral activity, whether candidate to pay a disputed claim, or to pay a or not the expenses in respect of the claim for any electoral expenses, even though it printing or postage are incurred by or on is sent in after the time allowed by this Act, if the behalf of the candidate; but Court considers it in the interests of justice to (e) does not include the expenses of operating grant that leave. a vehicle on which election advertising (2) Any sum specified in the order granting that appears if that vehicle is used in good faith leave may be paid by the candidate and, when by the candidate as the candidate’s paid, is to be treated as paid within the time personal means of transport; and allowed by this Act. (f) does not include expenses incurred by the candidate in preparing a candidate profile 108. Payments to be vouched by bill statement; and Every payment made in respect of any electoral (g) does not include the labour of any person expenses must, except when it is less than $200 that is provided to the candidate free of (inclusive of goods and services tax), be vouched by – charge by that person, and: (a) a bill stating the particulars; and (h) does not include the cost of any framework (b) a receipt. (other than a commercial framework) that 111. Maximum amount of electoral expenses supports a hoarding on which an (1) The total electoral expenses (inclusive of goods advertisement is displayed”. and services tax) of a candidate must not – population means the population, as at the day (a) exceed $3,500 if any local government area that is 3 months before the close of polling day, of over which the election is held has a a local government area as specified in a population smaller than 5000: certificate issued in respect of that area by the (b) exceed $7,000 if any local government area Government Statistician. over which the election is held has a population smaller than 10 000 and larger than 4999:

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 24 (c) exceed $14,000 if any local government 112AA Offence to pay electoral expenses in excess area over which the election is held has a of relevant prescribed maximum population smaller than 20 000 and larger (1) This section applies to any candidate or other than 9999: person who directly or indirectly pays or (d) exceed $20,000 if any local government knowingly aids or abets any person in paying for area over which the election is held has a or on account of any electoral expenses any sum population smaller than 40 000 and larger in excess of the relevant maximum amount than 19999: prescribed by section 111. (e) exceed $30,000 if any local government (2) The candidate or person commits an offence and area over which the election is held has a is liable on conviction— population smaller than 60 000 and larger (a) to a term of imprisonment not exceeding 2 than 39999: years, or a fine not exceeding $10,000, if he (f) exceed $40,000 if any local government or she knew the payment was in excess of area over which the election is held has a the relevant prescribed maximum amount; population smaller than 80 000 and larger or than 59999: (b) to a fine not exceeding $5,000 in any other (g) exceed $50,000 if any local government case, unless he or she proves that he or she area over which the election is held has a took all reasonable steps to ensure that the population smaller than 100 000 and larger electoral expenses did not exceed the than 79999: relevant prescribed maximum amount. (h) exceed $55,000 if any local government area over which the election is held has a Subpart 3 - Return of electoral donations and expenses population smaller than 150 000 and larger 112A Return of electoral donations and expense than 99999: Within 55 days after the day on which the successful (i) exceed $60,000 if any local government candidates at any election are declared to be elected, area over which the election is held has a every candidate at the election must file a return of population smaller than 250 000 and larger electoral donations and expenses. than 149999: However, in any case where a candidate is outside (2) Despite subsection (1), if a candidate is a New Zealand on the day on which the successful candidate for more than 1 election held at the candidates are declared to be elected (election result same time, the total electoral expenses day), the return must be filed within 76 days after (inclusive of goods and services tax) of that election result day. candidate must not exceed the highest amount permitted under subsection (1) in respect of any (1) The return of electoral donations and expenses 1 of the elections for which the person is a must set out— candidate. (a) the details specified in subsection (4) in 112. Apportionment of electoral expenses respect of every electoral donation (other than a donation of the kind referred to in (1) If any activity of the kind described in paragraphs paragraph (c)) received by the candidate (a) to (d) of the definition of the term electoral that, either on its own or when aggregated activity (as set out in section 104) is, in relation with all other donations made by or on to a candidate at an election, carried on both behalf of the same donor for use in the before and within the applicable period before same campaign, exceeds $1,500 in sum or the close of polling day, - value; and (a) the expenses incurred in respect of the (b) whether any donation is funded from activity (being expenses incurred by or on contributions, and if so, and to the extent behalf of the candidate) must be properly known or ascertainable from the apportioned so that a fair proportion of information supplied under section 103D, those expenses is attributed to the carrying the details specified in subsection (5) in on of the activity in the applicable period respect of every contribution that, either before the close of polling day; and on its own or when aggregated with other (b) the fair proportion of those expenses are contributions by the same contributor to electoral expenses. the donation, exceeds $1,500 in sum or (2) If any election activity relates exclusively to value; and campaigns for the election of 2 or more (c) the details specified in subsection (6) in candidates, any electoral expenses in respect of respect of every anonymous electoral that electoral activity must be apportioned donation received by the candidate that equitably in relation to each of those candidates. exceeds $1,500; and

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 25 (d) details of the candidate's electoral (i) he or she had no intention to expenses. misstate or conceal the facts; and (2) The details referred to in subsection (3)(a) are— (ii) he or she took all reasonable steps (a) the name of the donor; and in the circumstances to ensure the (b) the address of the donor; and information in the return was (c) the amount of the donation or, in the case accurate. of aggregated donations, the total amount 112E Obligation to retain records necessary to verify of the donations; and return (d) the date the donation was received or, in (1) A candidate must take all reasonable steps to the case of aggregated donations, the date retain all records, documents, and accounts that that each donation was received. are necessary to enable a return under section (3) The details referred to in subsection (3)(b) are— 112A to be verified. (a) the name of the contributor; and (2) The records, documents, and accounts must be (b) the address of the contributor; and retained until the expiry of the period within which a prosecution may be commenced under (c) the amount of the contribution or, in the this Act in relation to the return or to any matter case of aggregated contributions, the total to which the return relates. amount of the aggregated contributions. (3) A candidate who fails, without reasonable (4) The details referred to in subsection (3)(c) are— excuse, to comply with subsection (1) commits (a) the date the donation was received; and an offence and is liable on conviction to a fine (b) the amount of the donation; and not exceeding $5,000. (c) the amount paid to the electoral officer 112F Return of electoral donations and expenses to under section 103J(1) or (2) and the date be open for public inspection that payment was made. (1) The electoral officer must keep every return filed (5) Every return filed under this section must be in under section 112A in the electoral officer's the form prescribed in Schedule 2. office, or at some other convenient place to be (6) It is the duty of every electoral officer to ensure appointed by the chief executive of the local that this section is complied with. authority, for a period of 7 years after the date (7) In this section, file in relation to a return, means of the election to which it relates (the public to send the return to the electoral officer inspection period). responsible for the conduct of the election. (2) During the public inspection period the electoral 112B Nil return officer must— If a candidate considers that there is no relevant (a) publish, electronically or in any other information to disclose under section 112A, the manner the electoral officer considers candidate must file a nil return under that section. appropriate, every return filed under 112C Failure to file return of electoral donations and section 112A; and expenses (b) make available for public inspection a copy A candidate who fails, without reasonable excuse, to of every return filed under section 112A; comply with section 112A commits an offence and is and liable on conviction to— (c) provide to any person upon request a copy (a) a fine not exceeding $1,000; and of 1 or more returns filed under section (b) if he or she has been elected to office, a 112A, subject to the payment of any further fine not exceeding $400 for every charges that may be made under the Local day that he or she continues to hold office Government Official Information and until the return is filed. Meetings Act 1987.

112D Filing a false return of electoral donations and expenses Part 5A - Electoral advertising A candidate who files a return under section 112A 113. Advertisements for candidates that is false in any material particular commits an (1) No person may publish or cause to be published offence and is liable on conviction— in any newspaper, periodical, notice, poster, (a) to a term of imprisonment not exceeding 2 pamphlet, handbill, billboard, or card, or years, or a fine not exceeding $10,000, if he broadcast or permit to be broadcast over any or she filed the return knowing it to be false radio or television station, any advertisement in any material particular; or that is used or appears to be used to promote or (b) to a fine not exceeding $5,000 in any other procure the election of a candidate at any case, unless the candidate proves that— election, unless subsection (2) or subsection (4) applies.

Hawke’s Bay Regional Council  2019 Local Government Elections Candidate Handbook P a g e | 26 (2) A person may publish or cause or permit to be Related Information published an advertisement of the kind described in subsection (1) if – Additional related information is available online at (a) the publication of that advertisement is www.hbrc.govt.nz or in hard copy upon request authorised in writing by the candidate or • Nomination Form the candidate’s agent or, in the case of an • Return of Electoral Expenses and Electoral advertisement relating to more than 1 Donations form candidate, the candidates or any agent acting for all of those candidates; and • 2019 Pre-Election Report (b) the advertisement contains a statement • Council’s Code of Conduct setting out the true name of the person or • Annual Report 2017-18 persons for whom or at whose direction it • Local Governance Statement 2019 (online only) is published and the address of his or her

place of residence or business. • Long Term Plan 2018 – 2028 (3) A candidate is not responsible for an act • Annual Plan 2019-20 committed by an agent without the consent or connivance of the candidate. (4) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if – (a) the publication of the advertisement is endorsed by an organisation or body representing residents or ratepayers in the community or district in which the advertisement is published; and (b) the advertisement contains a statement setting out – (i) the true name of the person or persons for whom or at whose direction it is published and the address of his or her residence or place of business; and (ii) the true name of the organisation or body that has endorsed the publication of the advertisement and the address of the place of business of that organisation or body. (5) This section does not restrict the publication of any news or comments relating to an election in a newspaper or other periodical, or on the Internet, or in any other medium of electronic communication accessible by the public, or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989. (6) A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000. 114. Use of public money Sections 111 and 112 do not validate any use of public money that would otherwise be unlawful.

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