2019 Local Government Elections CANDIDATE HANDBOOK
Candidate Information for the 2019 Elections
Contents
Election Timetable 4 Candidate Profile Statements 17 Election Issues 5 Format of Candidate Profile Statements 17 South Waikato District Council – (SWDC) 5 Translations 17 Waikato Regional Council – (WRC) 5 Candidate Photos 17 Population Statistics 5 Format of Candidate Photos 17 Electoral Staff 6 Correctness of Profile Statements 18 South Waikato District Council – (SWDC) 6 Campaigning, Council Resources and Social Media 19 Waikato Regional Council – (WRC) 6 Council Resources 19 District Leaders’ Information 7 Election Advertising and Authorisation on Campaign Members’ Remuneration 7 Material 19 Council 7 Advertising Standards Code for Campaign Material 19 Council Services 7 Campaign Expenditure Limits 19 Requirements of Members 7 Return of Electoral Expenses 20 The Mayor 9 South Waikato District Council’s Social Media Guidelines for Candidates 22 The Deputy Mayor 9 Hoardings 23 Councillors 9 New Zealand Transport Agency Election Sign Requirements 25 Community Board Members 10 Voting and Processing of Votes 26 Mayor & Councillors’ Responsibilities 10 Order of Candidates on the Voting Papers 26 Councillor – Base role description 10 Special Voting 26 Health and Safety at Work Act 2015 11 Early Processing of Returned Voting Papers 26 Members Interests 11 Election Results 26 Inaugural Meeting 12 Ward Map 27 Pre-election Report 12 South Waikato District Ward Boundaries 27 Electoral Systems 13 Appendix 1 - Candidate Profile Statements 28 Electoral Roll 13 Local Authority Elections 2019 28 Candidate Eligibility 14 Duties, Powers and Responsibilities of Electoral Officers 28 Evidence of NZ Citizenship 14 Distribution of Candidate Profile Statement 28 Nominations 15 Appendix 2 - Return of Electoral Donations And Expenses 29 Completion of Nomination Paper 15 Appendix 3 - Electoral Expenses & Donations 30 Other Names 15 Appendix 4 - Scrutineers 33 Titles 15 Role of Scrutineers 33 Residency in Area 15 Appointment of Scrutineers 33 Standing in Other Elections in New Zealand 15 Declaration 33 Affiliation 15 Information to be Supplied by Electoral Officer 34 Submitting the Nomination Documents 15 Arrangements for Roll Scrutiny, Preliminary and Official Candidate Details 16 Counts and any Recount 34 Nomination Deposits 16 Restrictions on Scrutineers During Election and Poll Candidate Withdrawals 16 Processes 34 Candidates who have a Protection of Property Rights Court Conduct of Scrutineer 35 Order 16 Offences 35 Appendix 5 - Appointment of Scrutineer 36 Appendix 6 - Election Offences 37 Local Electoral Act 2001 37 General Provisions 40
Disclaimer: Every effort has been made to ensure that the information contained in this booklet is accurate and consistent with the Local Electoral Act 2001 and its amendments and regulations. South Waikato District Council takes no responsibility for any errors or omissions. It is recommended that candidates obtain a full copy of the Act, which can be purchased from any Government Bookstore or viewed on-line at www.legislation.govt.nz.
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Election Timetable
2019 Local Government Election Timetable From 1 July (Monday) 2019 nomination documents available 17 July (Wednesday) Public notice of election – South Waikato News 19 July (Friday) Nominations open, electoral roll open for inspection 16 August (Friday) Nominations close at 12 noon, electoral roll closes From 21 August (Wednesday) Further public notice of election – South Waikato News By 23 August (Friday) EO receives final electoral roll data 16 September (Monday) EO compiles and certifies final electoral roll 20 September (Friday) Enrolment Services letter sent to electors on unpublished roll Delivery of ordinary voting documents starts 20 September (Friday) Ordinary and special voting opens 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 2019 (Saturday) Progress results available as soon as practicable after close of voting 12 – 17 October Official count – process special votes Final results announced 17 October to 27 October Public notice of official declaration of election result – South Waikato News (as soon as practicable) (or as soon as practicable thereafter) Return of election expense declaration forms By 18 December (Wednesday) (55 days after date of declaration of results)
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Election Issues
Elections will be held in October for the following issues: Population Statistics
Est Resident Population as at South Waikato District Council – (SWDC) District-wide Issue (a) Election of the Mayor of South Waikato District Council 30 June 2018 (b) Election of ten (10) Councillors as follows: Mayoralty 24,400
Putāruru Ward three (3) Councillors Est Resident Population as at Tīrau Ward one (1) Councillor SWDC Wards 30 June 2018 Tokoroa Ward six (6) Councillors Tokoroa 15,300 (c) Election of four (4) members of the Tīrau Community Board as Putāruru 6,760 follows: Tīrau 2,360 • 4 members by the electors of the Tīrau Ward
Waikato Regional Council – (WRC) Est Resident Population as at Community Board Election of two (2) Councillors to represent the Waihou 30 June 2018 Constituency and one (1) Councillor to represent the Nga Tai ki Uta Constituency. Tīrau 2,360 There is a separate candidate handbook for the WRC election available from the Waikato Regional Council on free phone These elections will all be conducted by postal voting. 0800 800 401.
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Electoral Staff
South Waikato District Council – (SWDC) Electoral Officer (EO) Warwick Lampp, electionz.com Ltd, PO Box 3138, CHRISTCHURCH Phone: 0800 300 141 Email: [email protected] Deputy Electoral Officer (DEO) Judith Cuttriss, South Waikato District Council, Torphin Crescent, Private Bag 7, TOKOROA Phone: 021 260 9971 Email: [email protected]
Waikato Regional Council – (WRC) Electoral Officer Mali Ahipene, Waikato Regional Council (WRC), 41 Grey St, Private Bag 3038, Waikato Mail Centre, HAMILTON Phone: 07 859 0507 Email: [email protected]
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District Leaders’ Information
Members’ Remuneration Council and its Standing Committees (Community and Assets The Remuneration Authority has approved Council’s requested Committee and Corporate and Regulatory Committee) and the system of remuneration. Current remuneration (salaries and Tīrau Community Board, meet regularly, and other Committees allowances) for Members of South Waikato District Council are: meet as and when required, or only once or twice annually. Special purpose working parties meet as required. Number of 2015-16 Actual Jointly, Elected Members have the responsibility for making Position People Remuneration decisions to be implemented by the staff. As a general rule, members will be concerned with matters of policy and principle. Mayor 1 $106,901 Staff are involved with the day-to-day administration of Council’s Deputy Mayor 1 $39,412 affairs. Staff will be accountable to the authorities for effective and efficient performance. Committee Chair A 1 $35,189 Council Services Committee Chair B 2 $33,826 Council undertakes a number of services for the citizens of the Councillor 6 $26,620 District. Many of the services Council does is because we are legislated to do so. Councils are governed by over 40 Acts of Community Board Chair 1 $6,560 Parliament (eg, Local Government Act) and around 15 additional Community Board Member 3 $3,280 pieces of legislation (like the Drinking Water Standards). Our groups and activities are outlined on the next page; including And reimbursement of any travel and conference costs incurred our Council’s Vision and high level Outcomes. whilst representing Council. For a detailed description of each service, together with Following the 2019 Election in October, Elected Members will objectives, performance measures and budgets, refer to the Long decide how the total pool approved for South Waikato Elected Term Plan, which is available by telephoning (07) 885 0340 or Members will be allocated. The total proposed pool approved visiting Council’s website www.southwaikato.govt.nz. is $354,912 and the minimum allowable remuneration for a Councillor will be $25,289; with the Mayor set at $120,500. Requirements of Members All members must know or learn: Council • Council’s administrative system as it applies to them. This The South Waikato District Council consists of a Mayor and 10 includes meeting procedures and services and facilities for Councillors (one from Tīrau Ward, three from Putāruru Ward and Councillors six from Tokoroa Ward). These positions are subject to election • The organisation of, and services provided by, Council every three years. The next election date is 12 October 2019. • The roles of Elected Members and officers respectively Ultimate responsibility for the District Council’s activities rests with Council. Council decides the range of services and activities • How to handle complaints and enquiries from constituents to be provided, sets the policy for these services and activities, • A working knowledge of the relevant statutory law. delegates the implementation of these to the staff and monitors Before the election in October 2019, prospective candidates may their performance. find it useful to familiarise themselves with the work undertaken While Council has, at times, considerable freedom and by Council and its Committees. They are welcome to attend opportunity to exercise its initiative in deciding its aims and meetings of Council or Committees and, on request, can obtain policies, it must do this within the laws, regulations and copies of order papers (agendas) by telephoning (07) 885 0741 requirements set down by central government. A local authority (Please request these the week before the meeting, as only a may only undertake those activities which are permitted by limited number of spare Agendas are printed off). central government. Council meetings are currently held at six-weekly intervals, As well as providing services itself, Council may contract with commencing at 10 am. The Standing Committees meet alternately outside entities for services to be provided and assist many other after every Council meeting. The Standing Committees comprise organisations through membership, technical services, advice and all the Elected Members of Council, but each has a different financial grants. chairperson. The Tīrau Community Board usually meets at the To fulfil these responsibilities, the Mayor and Councillors interact Tīrau Hall on a Tuesday evening every six weeks. with a wide range of individuals and bodies, representing the district on many organisations. Decision-making for Council policy and general control of Council operations occurs through a programme of formal meetings.
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During the 2018 calendar year the following meetings were held The Deputy Mayor in addition to regular Council meetings. The Council in a formal meeting elects a Councillor to fill the • 4 days of LTP hearings position. As with the Mayor, there is no defined job description. • 6 days of workshops The Deputy Mayor may be allocated roles additional to those of • 3 days of LGNZ conference other Councillors. • 6 days of Rural Provincial Sector Meetings Tasks • 2 days of Zone 2 meetings • Assume all the statutory responsibilities of the Mayor when • 6 Annual Plan public meetings the Mayor is unable to fulfil that role • 8 TCB meetings • Provide support for the office of the Mayor For all meeting dates, please visit Council’s website • Undertake defined civic responsibilities as requested by the www.southwaikato.govt.nz. Mayor and/or Council • Undertake specific duties as requested by the Mayor and/or The Mayor Council South Waikato District has a Mayor, who is elected by all electors • Act as spokesperson for Councillors on matters of Councillors’ of the District. support services. The Mayor is the presiding member of Council and is an ex-officio Authorities member of all Standing Committees. • All the authorities of the Mayor when the Mayor is not Before the Mayor can take up their official duties they must make available. a declaration (see page 38). There is no job description for the position of Mayor, nor are the Councillors Mayor’s duties set out fully in legislation. By way of custom and As for the Mayor and Deputy Mayor, there is no defined job practice, the role of Mayor is as follows: description. Some Councillors may have roles additional to those Tasks of other Councillors. • Carry out the civic and ceremonial responsibilities associated Duties with the position of Mayor As established by custom and practice, these include: • To be the presiding member (chairperson) of Council • Together with the Mayor and Deputy Mayor, employ the Chief • Provide a leadership role to Councillors’ activities Executive • Act as a principal spokesperson on Council activities • Attend and participate at meetings of Council, committees and • Liaise with the Chief Executive to help ensure co-ordination of working parties the activities of the Elected Members • Read agenda and other material before meetings • Represent, as appropriate, Council at regional, national and • Attend to enquiries from, or matters raised by, members of international gatherings the public • Keep Council fully informed of the activities of the Office of • Attend, and sometimes host, civic functions the Mayor • Represent Council on related organisations, where appointed • Represent and promote the general community welfare and • Attend and participate at conferences and seminars. public good of the District • Represent Council at Local Government New Zealand Before starting their duties, Councillors are required to make a activities. declaration. See page 12. It is difficult to provide guidance on the time involved in being a Authorities Councillor. The individual contribution of Councillors, in terms of • Act as a Justice of the Peace (this goes with the position) their time, is personal and often depends on their own particular • May requisition meetings of Council circumstances. It is accepted, nonetheless, that the position is • Authorise the declaration of a local emergency clearly part-time and not intended to be a full-time or near full- • Those of the chairperson pursuant to Standing Orders. time position as is the case with the Mayor. Time is reflected in the different salaries paid to the Mayor, as opposed to Councillors It is difficult to provide guidance about the time involved in being and Chairpersons of Council committees. Mayor. There is no legal requirement or expectation that a Mayor should carry out his or her duties in the same manner as might be expected of a full time, or even a substantial part-time, employee. The only legal obligation is to attend Council meetings.
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Community Board Members • Law-making (bylaws) There is no defined job description. • Oversee Council compliance with any relevant Acts of Parliament Duties • Employ, set performance requirements for, and monitor the The role of a community board is to: on-going performance of Council’s Chief Executive. (Under the • Represent, and act as an advocate for, the interests of its Local Government Act 2002). community Representation and advocacy • Consider and report on all matters referred to it by the • Bring the views of the community into Council decision- territorial authority or any matter of interest or concern to the making processes community board • Be an advocate for community groups and individuals at • Maintain an overview of services provided by the territorial Council meetings authority • Balance the need to advocate for specific interests against the • Prepare an annual submission to the territorial authority needs of the wider community concerning the annual works and services and expenditure • Listen to the concerns of local residents and ratepayers on programme within the community issues relating to Council • Communicate with community organisations and special • Maintain contact with community representatives and other interest groups within the community local stakeholders • Undertake any other responsibilities that are delegated to it • Participate in any relevant consultative processes with the by the territorial authority. local community and/or other organisations. Before starting their duties, Community Board Members are Governance required to make a declaration. See page 11. • Participate constructively and effectively in the good It is difficult to provide guidance on the time involved in being governance of Council as a whole a Community Board Member. The individual contribution of a • Understand and ensure that basic principles of good Member, in terms of their time, is personal and often depends on governance are a part of the decision-making approach of their own particular circumstances. It is accepted, nonetheless, Council that the position is clearly part-time. Time is reflected in the • Understand and respect the differing roles of Mayor, Deputy different salaries paid to Community Board members, as opposed Mayor, committee chairs/portfolio holders and Councillors to Councillors. • Recognise that the governance role does not extend Mayor & Councillors’ Responsibilities to operational matters or to the management of any implementation The following role description as identified by the Remuneration • Have a good understanding of Council processes set out in the Authority in setting the Elected Members’ remuneration is Standing Orders that determine how Council meetings are run another guide for what is expected. • Develop and maintain a working knowledge of Council services, management processes, powers, duties and Councillor – Base role description constraints Collective duties of Council • Participate in the setting and monitoring of Council policies, • Represent the interests of Council budgets, strategies and service delivery through annual and long term planning processes • Formulate Council’s strategic direction and relative priorities through the Long Term Plan (LTP), which determines the • Ensure familiarity with agendas and other Council reports services and activities to be undertaken by Council over a ten- prior to Council meetings year period • Be familiar and comply with the statutory requirements of an • Determine the expenditure and funding requirements of elected Councillor Council activities through the LTP and annual planning • Complying with the Code of Conduct adopted by the Council processes • Identify and be aware of declaring any potential personal • Oversee, development and/or approval of all Council policies, conflicts of interest, whether of a pecuniary or non-pecuniary administrative, legal, financial and strategic, including formal nature. district planning matters within the Council’s geographical Core Competencies area of responsibility • Comprehension and reading skills are required to understand • Monitor the on-going performance of Council against its complex reports. stated objectives and policies (including formal sign-off of the • Genuine interest, understanding (and passion) of/for the issues Annual Report) faced by South Waikato district citizens. • Ensure prudent use of Council resources • Ability to relate to wide range of people at many levels and
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across many disciplines and cultures. What is an Officer and what do they need to do? • Ability to hear and understand the varying positions of others An Officer is a person who holds a very senior leadership position, and consider these in decision making. and has the ability to significantly influence the management of a • Ability to express ideas clearly. business. At SWDC this includes Elected Members and the CE. • Ability to understand, focus on and resolve complex issues Officers must ensure the business is meeting its health and safety through long term planning. responsibilities by doing due diligence to ensure the business • Ability to understand financial and reporting statements. understands and manages its key risks. To do this Officers must • Understands the differing roles of governance and take reasonable steps to: management. • Keep up to date knowledge of health and safety • Ability to think ‘district-wide’ on issues to come to decision. • Understand the operations of the business • Be results focused. • Ensure and check that their business has appropriate • Knowledge of and commitment to the Local Government Act resources and processes for health and safety. 2002. Elected Members of a Council are not required to exercise due Experience and Background diligence over a Council Controlled Organisation (CCO) providing • May have experience relevant to the challenges facing the they are not officer of that CCO e.g. an elected member will be an district. officer of a CCO if they are on the Board of the CCO. • May have extensive community networks. SWDC and Elected Members as officers under the Act • Be familiar with the existing South Waikato District Council’s SWDC is proactively partnering with Elected Members to ensure 2018-28 Long Term Plan (LTP). SWDC and its officers can meet their responsibilities under the Personal Qualities Act. • Demonstrates integrity and ethical behaviour Liabilities of Officers under the Act • Is independent, inquisitive and innovative Under the Act there are a raft of offences that can be committed • Has the ability to see all sides of an argument which carry fines (which need to be paid in some cases by the • Is hard working and can work unsupervised organisation and in some cases personally by the Officer) and in • Ability to develop and maintain positive working relationships extreme cases even jail sentences. Elected Members as Officers with Councillors and staff have an exemption under the Act from some of these offences. • Committed to South Waikato District Offences that Elected Members as officers can be liable for • Respect for others include offences such as failure to comply with an improvement • Flexible working hours; evening and weekend work is required notice. This can be a fine up to $50,000 for an individual or • Actively demonstrate commitment to the Elected Members’ $250,000 for a body corporate. Insurance is not available to cover Code of Conduct. the cost of such fines.
Health and Safety at Work Act 2015 Members Interests The Health and Safety at Work Act 2015 (the Act) is part of a Prospective candidates should be aware of the requirements of reform package aimed at reducing the number of serious work- the Local Authorities (Members’ Interests) Act 1968. related injuries and deaths in New Zealand by at least 25 percent Under Section 3 of the Act, Elected Members may not be by 2020. It came into force on 4 April 2016. concerned or interested in contracts made by the Council The Act is a new way of thinking about health and safety for New when payments made for the contracts entered into during a Zealand. The Act is designed to: particular year exceed $25,000 including GST. That amount may • Ensure everyone has a role to play only be exceeded if the Council has either obtained the prior approval of the Audit Office or, in special circumstances, obtained • Makes everyone’s responsibilities clear retrospective approval. When payments exceed $25,000 or • Focuses on managing risk any other approved amount, the elected member concerned is • Requires those who create the risk to control the risk automatically disqualified from office. He or she also commits an • Requires businesses to engage with their workers and enable offence if they continue to act as a member. them to participate on an ongoing basis Under Section 6 of the Act, Elected Members may not discuss or • Allows flexibility in managing health and safety risks. vote on any matter in which they have a pecuniary interest when it is being considered by the Council or a committee. Elected For Elected Members, the most significant implication is the Members failing to observe this prohibition commit an offence introduction of the role of Officer and the requirement for and can be prosecuted. Conviction leads to disqualification from Officers to meet due diligence duties. office.
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When a matter is raised at a meeting of the Council or a Pre-election Report committee in which a member has a pecuniary interest, the All Councils must prepare a pre-election report. The report is member prohibited from voting or discussing the matter must prepared by the chief executive independently of the Mayor and declare the pecuniary interest. The fact of that disclosure and Councillors. abstention from discussion and voting on it is also recorded in the minutes. While it is not necessary to withdraw from the meeting, Section 99A of the Local Government Act 2002 sets out the it is good practice to do so. information that must be included in the report and its timing. It includes information previously published in other Council documents including long term plans, annual plans and annual Inaugural Meeting reports. As such the information reflects the policy and service The successful candidates will take office on the day after the delivery direction of the current Council. electoral officer gives official notification of the result of the The pre-election report has a particular focus on how the Council election. However, no person is permitted to act as a member of is performing financially, including the current financial position the Council before making a declaration. This declaration will be and key spending issues over the coming years. It provides historic made at the inaugural meeting, which is expected to be held in information for the past three years, an overview of the current late October or early November 2019. Newly Elected Members election year and Council’s planned financial position for the will be contacted by staff with the key dates. next three years. It also outlines Council’s broader financial goals, The business to be conducted at that meeting will include: which are included in its long term plan. • The making and attesting of declarations required of the The pre-election report will be available from the Council’s Mayor, Councillors and community board members. website in July 2019. Candidates are advised to read the report • A general explanation of the Local Government Official when it becomes available. Information and Meetings Act 1987 and other laws affecting Elected Members. • The fixing of the date and time of the first ordinary meeting of the Council and community boards, or the adoption of the schedule of ordinary meetings. • Election of the Deputy Mayor and community board chairpersons. • An overview of Council operations and the governance/staff relationship. If elected the declaration required to be made by the Mayor and Councillors is as follows: Declaration by Mayor and Councillors I declare that I will faithfully and impartially, and according to the best of my skill and judgement, execute and perform, in the best interests of South Waikato District Council, the powers, authorities, and duties vested in or imposed upon me as Mayor (or as a member) of the South Waikato District Council by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act. Community board members are required to make a similar declaration.
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Electoral Electoral Roll
Systems The preliminary electoral roll will be compiled during July 2019. Copies of the preliminary electoral roll for the election will be available for public inspection during normal office hours from The electoral system to be used for the 2019 South Waikato Friday 19 July 2019 to 5pm Friday, 16 August 2019 at the following District Council and the Waikato Regional Council local locations: government elections is First Past the Post (FPP). • Council Offices–Tokoroa and Putāruru. Briefly, the FPP electoral system consists of the following: • Libraries–Tokoroa, Putāruru and Tīrau. • Electors vote by indicating their preferred candidate(s) with a • Information Centres–Tokoroa, Putāruru and Tīrau (the Dog). tick. • NZ Post Shops/Agencies–Tokoroa, Putāruru, and Tīrau. • Voters must not tick more than the number of places to be filled. Any alterations to the residential roll, should be made: • The candidate who receives the most votes is declared the • by completing the appropriate form at any Post Shop or winner, regardless of the proportion of votes that candidate • by telephoning 0800 ENROLNOW (0800 367656) or obtained. • by accessing the Electoral Enrolment Centre website on www.elections.org.nz. A hard copy of the preliminary electoral roll may be purchased from the electoral officer for $20 per ward (ratepayer roll included) or $50 per set, plus GST. The final electoral roll is produced once the preliminary electoral roll closes on 16 August 2019. The final electoral roll is the roll used for issuing voting papers. Copies of this roll may be purchased as above. Details appearing in the electoral roll are electors names (surname, then first names) listed alphabetically, the qualifying address, postal address, occupation and voting entitlements. Information contained on the electoral roll is not available from the electoral officer in an electronic form. In limited circumstances, an electronic listing of resident electors is available from Electoral Services (provided the criteria of section 114 of the Electoral Act 1993 is met). An application form is required to be completed, and these are available upon request direct from Electoral Services. The contact person is Ben Cline on (04) 806 3560.
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Candidate Eligibility
A candidate for local authority elections must be: • Although the candidate’s obligations (or candidate’s 1. Enrolled on a parliamentary electoral roll somewhere in New company’s obligations) under the contract have not been Zealand; and performed before the election, either: 2. A New Zealand citizen (either by birth or naturalisation • The contract’s duration does not exceed 12 months; or ceremony) (Section 25, Local Electoral Act 2001). • The contract is relinquished (with the authority’s consent) within a month of the candidate becoming Restrictions on candidates for local authority elections: a member and before he or she starts to act as a a. A candidate may not seek nomination for more than one ward member. of Council (Section 57A Local Electoral Act 2001). Further information on application of these points should be b. A candidate may not seek nomination for more than one made with the Office of the Auditor General - at lamia@oag. subdivision of the same community board (Section 57A Local govt.nz or ph (04) 917 1500. Electoral Act 2001). g. An employee of South Waikato District Council who is elected c. A candidate may seek nomination for Mayor and/or Council as Mayor or Councillor must resign from his/her position as and/or a community board but may not also seek nomination an employee of the Council before taking up his/her elected for Waikato Regional Council, i.e. a candidate may stand position. (Section 41 (5) Local Government Act 2002). for South Waikato District Council or the Waikato Regional Council, not both (Section 58 Local Electoral Act 2001). Notes: d. A candidate may seek nomination for Councillor and i. Candidates for Mayor may also stand for Council and/or community board member but in the event they are elected community board if they wish (and vice versa). as a Councillor and a community board member within the ii. If they wish, a candidate may stand for more than one same district of a territorial authority, they must be treated community board. as having vacated the office of community board member iii. Candidates are required to record on the nomination paper (Section 88A Local Electoral Act 2001). if they are standing for election in any other elections in New e. A candidate may seek nomination for Mayor and/or a ward of Zealand. Council, but in the event that they are elected as Mayor and iv. Candidates need not necessarily be a resident or ratepayer a ward member then they must be treated as having vacated of the ward or community board in which they are seeking the ward office (Section 88 Local Electoral Act 2001). election, or for that matter, South Waikato District, but f. A candidate cannot be a person concerned or interested in candidates are required to record on the nomination paper if contracts over $25,000 with the territorial local authority they reside in the election area or not. (Section 3(1) Local Authorities (Members’ Interests) Act 1968). v. Section 60 of the Local Electoral Act 2001 states: This restriction is waived if prior approval from the office of If the Electoral Officer receives advice before the close of the Auditor General is obtained. nominations that a candidate is, or has become, incapable Further information from the OAG is available on their website under any Act of holding the office for which he or she is a here: www.oag.govt.nz/2010/lamia. candidate, that candidate’s nomination must be treated in all Under the Act there are a number of exceptions to the respects as if it had not been made. disqualification rule in section 3. Certain types of contracts will vi. There are no longer restrictions applying specifically to Police not disqualify a candidate from election. A candidate who has employees wishing to stand in Council elections. a contract that falls within any of the following categories will For WDHB candidate eligibility please refer to the separate not be disqualified: candidate handbook for the WDHB, but a candidate for Mayor • Before the election, all of the candidate’s obligations and/or Council and/or a community board may also seek (or candidate’s company’s obligations) in respect of the nomination to the WDHB. contract have been performed and the amount to be paid by the Council has been fixed (whether or not it has been Evidence of NZ Citizenship paid); or It is now a requirement of the nomination process that all • Although the candidate’s obligations (or candidate’s candidates provide evidence of their NZ citizenship. company’s obligations) under the contract have not been performed before the election, the amount to be paid by This is to be provided at the time of candidate nomination. the Council is already fixed (subject to amendments and Acceptable evidence includes a copy of NZ Passport, NZ birth additions as allowed for in the contract), whether or not it certificate, or NZ citizenship documentation. has been paid; or
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Nominations
Nominations open on Friday 19 July 2019 and close at 12 noon on Affiliation Friday 16 August 2019. The nomination paper provides for a party affiliation or other Each candidate must be nominated on the official nomination designation. paper available during normal office hours: Individual candidates not part of a political party may wish to • Tokoroa Office, Torphin Crescent, Tokoroa, telephone nominate their designation as “Independent” or leave as blank (07) 885 0340. (if left blank, nothing will show alongside the name on the voting • Putāruru Library, Overdale Street, Putāruru, telephone paper). (07) 883 7189. A candidate requiring a specific party affiliation must have • By telephoning the Deputy Electoral Officer 021 260 9971. authority to adopt the affiliation from the party concerned (i.e. On Council’s website www.southwaikato.govt.nz. a party letterhead or letter of consent are acceptable). This is a safety measure to avoid any illegal adoption of party affiliations. Completion of Nomination Paper No party affiliation or other designation that is offensive in nature or likely to confuse or mislead electors will be accepted. Each nomination paper must have the consent of the candidate and be nominated by two electors whose names appear on the electoral roll for the district, ward or community board Submitting the Nomination Documents subdivision. (e.g. if a person wishes to stand for election to a ward Nomination documents for the South Waikato District Council or a subdivision, then that person must be nominated by two candidates must be lodged at the South Waikato District Council electors from that ward or subdivision). Administration Building, Torphin Crescent, Tokoroa or be posted, A candidate cannot nominate himself/herself. in time to be received by the Electoral Officer, no later than 12 noon on Friday 16 August 2019 or emailed to the Deputy Electoral If a candidate is unable to sign the nomination paper (e.g. Officer at [email protected] absent overseas), a letter of consent signed by the candidate is acceptable to attach to the nomination paper. A scanned copy of a South Waikato District Council’s office hours for lodgement completed nomination paper will also be accepted, provided the are: nomination deposit payment (or evidence thereof) is received in Monday to Friday 8.00 am to 4.30 pm, except on 16 August when time. 12 noon is the cut-off time for lodgement. • All nomination documents must be submitted at the same Other Names time, i.e. nomination paper, candidate profile statement, If a candidate is commonly known in the community by a slightly evidence of NZ citizenship, photo, and nomination deposit. different name (e.g. Edward Smith is commonly known as Ted A nomination will not be accepted if any components are Smith) and has been known by this name for at least the last six missing. months (to the satisfaction of the electoral officer), the commonly • Nomination papers for the Waikato Regional Council are to known name may appear on the voting paper. be lodged at the Waikato Regional Council office, 41 Grey St, Hamilton. These nominations cannot be lodged with South Titles Waikato District Council. Titles (i.e. Dr, JP, Sir, Dame etc) are not permitted next to the • Nomination papers for the Waikato District Health Board candidate’s names on the voting paper or profile statement, but must be lodged at the Hamilton City Council, Garden Place, can be included as part of the candidate’s 150 word profile text if Hamilton. These nominations cannot be lodged with South desired. Waikato District Council. Once lodged, nomination papers are checked to ensure the Residency in Area candidate is eligible (name appears on a parliamentary roll) and A candidate must declare if they reside in the area of election or the nominators are two electors whose names appear on the not. This is shown at the top of the profile statement but does not electoral roll for the relevant ward and city as a whole. count as part of the 150 word profile. Should a nomination paper be lodged late on the morning nominations close, and be incorrectly completed or ineligible Standing in Other Elections in New Zealand nominators are provided, there may not be enough time to correct the situation and the nomination paper could be A candidate must declare if they are standing for any other invalidated. elections in New Zealand at these triennial elections. This is shown at the top of the profile statement but does not count as part of the 150 word profile.
15 Candidate Information for the 2019 Elections
Candidate Candidate Details Withdrawals Confirmed candidate details will be made available on Council’s website. The details will be updated on a regular basis throughout A candidate can withdraw their nomination by application to the nomination period and will include at least the candidate the Electoral Officer up to the close of nominations i.e. 12 noon, name and any affiliation claimed. Friday 16 August 2019. As soon as possible after nominations have closed a file of Candidates cannot strategically or politically withdraw their candidate contact details will be available for download from nomination once nominations have closed. Candidates may only Council’s website. Candidates may be contacted by journalists, withdraw after the close of nominations for medical reasons, i.e. advertisers, pollsters and other groups interested in election incapacity. matters. A medical certificate must be provided for a withdrawal notice to be accepted by the Electoral Officer. An application can be made Nomination Deposits by a candidate or an agent on their behalf. Each nomination paper lodged, requires a deposit of $200 (including GST). If an election is required the deposit is refunded Candidates who have a Protection of if the candidate polls greater than 25% of the lowest successful Property Rights Court Order candidate for each election issue. The deposit is also refunded if Clause 5(1)(b) of Schedule 7 of the Local Government Act 2002 no election is required. precludes anyone with a property court order made under s31 Payment of the nomination deposit can be made by cash, EFTPOS of the Protection of Personal and Property Rights Act 1988 from or online banking. Should an online banking transaction be taking office as an Elected Member of the Council. If this was dishonoured or declined, the nomination becomes invalid as the to happen, a by-election would have to be held because the deposit has not lawfully been made. If this occurs after the close candidate could not take up the office they were elected to. of nominations, then the nomination is invalid and the candidate It is a criminal offence under s121 of the Local Electoral Act 2001 will be withdrawn. to stand as a candidate, or nominate someone, who is incapable Cheques will not be accepted. of taking up office. That would include cases where a candidate Payment can be made by online banking. Details for the has a s31 property order in place. If the Electoral Officer receives payment of the deposit by online banking are shown on page 2 a nomination from someone who they discover before the close of the nomination paper. If paying by online banking, evidence of nominations has a property order in place, and is therefore of the transaction must be provided at the time the nomination incapable of holding office, the nomination will be withdrawn in documents are submitted, i.e. a print out of the transaction accordance with s60(4) of the Local Electoral Act, and the matter receipt. The nomination paper also sets out the reference and may be referred to the Police. If the Electoral Officer discovers code details required for each online payment. this after the close of nominations, they must give public notice Nomination papers, with the deposit and the candidate profile of the illegal nomination, and report the matter to the Police. statement and photograph, can be sent to the deputy electoral These steps are necessary to ensure that people do not vote for officer by mail or email, but should the papers be received by candidates who cannot hold office. the electoral officer or deputy electoral officer after the close of This restriction also applies to District Health Board elections. nominations, the nomination is invalid. Under s30(2) of the Crown Entities Act 2004,a person who is Nomination documents can be scanned as pdfs and emailed to subject to a property order under the Protection of Personal and the EO, including evidence of the $200 deposit if made by online Property Rights Act 1988 cannot be a candidate. banking. Photos are to be scanned as jpg. It is the responsibility of the candidate to ensure all nomination documents are submitted together and that they are all correct. The lodgement of nomination documents should not be left to the last minute. Nominations close at 12 noon, Friday 16 August 2019.
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Candidate Profile Statements
The Local Electoral Act 2001 allows for a candidate profile All Other Language Translations statements (CPS) of up to 150 words to be provided by each Hamilton Multicultural Services Trust. candidate with the completed nomination form. If an election Phone: (07) 853 2184 is required these are then collated by the electoral officer and forwarded to electors in a booklet with the voting papers. Fax: (07) 853 2194 Refer also to the notes listed in Appendix 1 for word limits and Email: [email protected] translation requirements. The translation service will provide the translations in the above Candidate profile statements must be provided electronically via format to meet the requirements of the printer, the cost of which email or on a media device, in a MS Word document that has is to be met by the candidate. been spell checked. As the electoral officer could receive dozens of profiles, consistent format of delivery and content is required Candidate Photos (refer to guidelines below). Candidates may also submit a recent (less than 12 months) colour Candidate profile statements are governed by Sections 61 and 62 photograph for inclusion with the candidate profile statement in of the Act. the booklet to accompany the voting papers. Photos should also If the nomination forms are being personally delivered, a hard be provided electronically, on a media device or as an attachment copy format of the profile must be provided at the same time. to an email to the deputy electoral officer. Hand written profiles will not be accepted. If hard copy photographs are provided, then two copies of each photo should be provided with the candidate’s name clearly Format of Candidate Profile Statements printed on the rear of each photograph (care needs to be taken The format requirements for profiles are: when labelling hard copies of photos to ensure the photo image is not damaged in the process). Photos will not be returned to The English text must be plain text, in paragraphs, with no special candidates. formatting, i.e. • No bold, italic, underlining etc. Format of Candidate Photos • No tabs Candidate photos are to be a head and shoulders shot only, with • No quote marks nothing else in the photo, i.e. no hats, sunglasses, pets, external • No accent marks (this restriction is in English text only) objects or impediments, or other people. They should be in • No bullet points colour. If necessary the EO will crop the photo accordingly but the The profiles will be loaded into software provided by the printer onus is on the candidate to provide a photo of the candidate only that will automatically apply the required font, type size, line that complies with this format. spacing etc. If there is no profile statement or photo from a Electronic copies of photos should be scanned as a jpeg at a candidate, then “No Profile Statement and/or Photo provided.” minimum of 600 dpi. text or similar will be printed in the profile book. Any queries regarding the format of photos and profiles are to be Any non-English candidate profile content must be supplied with made to the EO. the following formatting: Note: The onus is on the candidate to ensure that all nomination • Font–Times New Roman (or Equivalent) documents including the profile and photo are submitted to the • Point Size–9 point size, 11 point line spacing electoral officer by 12 noon, Friday 16 August 2019. • No special formatting of text – e.g. no bolding, no italics, no underlines, no quote marks, etc.
Translations The following contact details are given for translation services, for those candidates who are unable to prepare the translation image themselves or do not know of anyone to do this for them: Māori Translation Te Runanga o Kirikiriroa, 54 Higgins Road, Dinsdale, Hamilton, (PO Box 19165). Pho: (07) 846 7156 Email: [email protected]
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Correctness of Profile Statements The candidate is responsible for ensuring that the candidate profile statement contains correct grammar, spelling, punctuation, etc. The electoral officer may make corrections to the statement without affecting content but accepts no responsibility to make any correction. The candidate should ensure the statement is correct when submitted and not expect any corrections to be applied. The electoral officer is not required to verify or investigate any information included in a candidate profile statement. The electoral officer will take no responsibility for the accuracy of the content. A disclaimer concerning the accuracy of the information contained in the statements will be published in the profile statement booklet. If the profile statement or photo does not comply with the legislative requirements, the electoral officer will as soon as practicable, return the statement to the candidate and specify his/her concerns and the reasons therefore. The candidate will then have up to three (3) days to submit an amended candidate profile statement to the electoral officer. A candidate is to be treated as having failed to provide a candidate profile statement, if the candidate: • fails to submit an amended candidate profile statement within the requested period, or • submits an amended candidate profile statement that, in the opinion of the electoral officer, does not comply with the requirements. Where the electoral officer is not satisfied that the candidate profile statement complies and cannot reach agreement with the candidate within the period specified, but the candidate has submitted a suitable photograph, the electoral officer will act as if the written part of the statement was never received but still publish the photograph in the candidate profile booklet to be included with the voting paper sent to each elector, as well as a message to the effect that a statement was not supplied.
18 Candidate Information for the 2019 Elections
Campaigning, Council Resources and Social Media
Election campaigning can start anytime but should cease by the Advertising Standards Code for Campaign close of voting, ie 12 noon, Saturday 12 October 2019. Material There are generally no rules around conduct of campaigning by Candidates are reminded to be socially responsible and truthful candidates, although there are certain election offences, which with the content of their campaign material. Campaign are detailed for your information in this guide, see Appendix 6. advertisements are subject to the Advertising Standards Authority Please refer to them for your own protection. (ASA) Code. Wherever facts are quoted, the Code is strict that No election material can contain: the facts must be correct, however, where a person holds a • any untrue statement defamatory of any candidate and broad view or opinion, the Code allows them to do so. The ASA calculated to influence the vote of any elector. settles disputes during elections within two to three days, and • an imitation voting paper which has the names of the take complaints from electoral officers and the public. The usual candidates with any direction or indication as to the candidate penalty for breaches of the code is for the advertising to be a person should vote for, or in any way contains such direction removed. or indication likely to influence the voter. N.B. The cost of framing to hold up an election sign is not an item Voting papers should not be collected from electors by candidates of campaign expenditure. or their assistants. Each elector is required by law to post or deliver his or her own voting paper to the electoral officer or Campaign Expenditure Limits official voting boxes located at South Waikato District Council Candidates have campaign expenditure limits and are required to offices, libraries and district information centres. file a return to the electoral officer after the election. Campaign expenditure is all expenses relating to the campaign Council Resources from the period three months before election day, i.e. all Candidates are not permitted to use Council resources for expenditure from 12 July 2019 to 12 October 2019 plus any campaigning purposes. Council resources includes but are not apportioned costs of any election campaigning carried out prior to limited to Council’s logo and branding, website, facebook page, 12 July 2019 (refer S.112 LEA 2001). twitter account, any forms of social media, computers, email, If a candidate is standing for more than one position (e.g. Mayor mobile phones, faxes, stationery, photocopiers, printers, stamps, and Councillor) then the higher limit applies (not both combined). cars, meeting rooms and venues (except those available for public The campaign expenditure levels for South Waikato District are: hire). 1. Mayoralty Election Advertising and Authorisation on The total electoral expenses (inclusive of GST) of a candidate Campaign Material must not exceed $20,000 if any local government area over which the election is held has a population smaller than Election advertising, using any media, including social media, 39,999 and larger than 20,000. must identify the person under whose authority they have been produced, as per sections 113-115 of the Local Electoral Act 2001. The population of South Waikato District is estimated to be 24,400 (Dept of Statistics–2018). This means that for posters, adverts, billboards, flyers, vehicle signage, websites, Facebook pages etc, each advertising item Est Resident Expenditure Limit must have a sentence at the bottom saying that it is authorised District-wide Issue Population as at (inc GST) by the candidate or agent, i.e. “Authorised by Joe Citizen, 20 Main 30 June 2018 St, Tinseltown.” This authorisation must be clearly visible on any campaigning material including signs and billboards Mayoralty 24,400 $20,000 Please note: a physical address must be provided in any authorisation text, i.e. it cannot be a PO Box, Private Bag or a rural delivery number. There must be a reasonable expectation that anyone wishing to discuss the advertising can do so with the candidate or their agent at the address listed. The use of a council building address is not permitted in the authorisation address.
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2. Wards Return of Electoral Expenses The total electoral expenses (inclusive of goods and services Each candidate is required to keep a record of all campaign tax) of South Waikato District Council ward candidates are election expenses, and must furnish a return to the Electoral listed in the table below. Officer within 55 days of the election result being declared, estimated to be no later than Wednesday 18 December 2019. Est Resident Expenditure Limit The return of electoral expenses and electoral donations form SWDC Wards Population as at (inc GST) once returned becomes a public document and can be inspected 30 June 2018 by any person for a period of seven (7) years after receipt. The Putāruru 6,760 $7,000 Electoral Officer is required to make the expenditure return and any supporting documents available on Council’s website for seven Tīrau 2,360 $3,500 (7) years. Tokoroa 15,300 $14,000 A model election expenses return form is attached as Appendix 2. The relevant sections of the Local Electoral Act 2001 on election expenses is attached as Appendix 3. 3. Community Boards Note: The total electoral expenses (inclusive of goods and services 1) Candidates are required to keep evidence of any election tax) of a candidate for the Tīrau Community Board is listed in expenses for amounts exceeding $200. the table below. 2) All candidates must submit a return of election expenses and Est Resident donations form even if no expenses have been incurred or Expenditure Limit Community Board Population as at donations received. (inc GST) 30 June 2018 Candidate Expenses Tīrau 2,360 $3,500 Sec 104 of the Local Electoral Act lists the following definition of electoral expenses, in relation to a candidate at an election,— However, if a candidate is a candidate for more than one election (a) Means expenses that are incurred by or on behalf of the held at the same time, (i.e. Mayor and ward), the total electoral candidate in respect of any electoral activity; and expenses (inclusive of GST) of that candidate must not exceed (b) includes expenses that are incurred by or on behalf of the the highest amount permitted under subsection (1) in respect of candidate, before or after the applicable period before the any one of the elections for which the person is a candidate, i.e. close of polling day, in respect of any electoral activity; and $20,000 for a Mayoral and ward candidate. (c) includes the reasonable market value of any materials applied in respect of any electoral activity that are given to the Local government area Expenditure limit candidate or that are provided to the candidate free of charge population or below reasonable market value; and up to 4,999 $3,500 (d) includes the cost of any printing or postage in respect of any electoral activity, whether or not the expenses in respect of 5,000 – 9,999 $7,000 the printing or postage are incurred by or on behalf of the 10,000 – 19,999 $14,000 candidate; but (e) does not include the expenses of operating a vehicle on which 20,000 – 39,999 $20,000 election advertising appears if that vehicle is used in good 40,000 – 59,999 $30,000 faith by the candidate as the candidate’s personal means of transport; and 60,000 – 79,999 $40,000 (f) does not include expenses incurred by the candidate in 80,000 – 99,999 $50,000 preparing a candidate profile statement; and (g) does not include the labour of any person that is provided to 100,000 – 149,999 $55,000 the candidate free of charge by that person; and 150,000 – 249,999 $60,000 (h) does not include the cost of any framework (other than a commercial framework) that supports a hoarding on which an 250,000 – 999,999 $70,000 advertisement is displayed. more than 1,000,000 a separate calculation applies Note – the $200 nomination deposit fee is not an electoral expense.
20 Candidate Information for the 2019 Elections
Definition of electoral donation If the candidate knows, or has reasonable grounds to believe, that An electoral donation is a donation of money, goods or services the donor has failed to supply information about contributions, that is made for use in a candidate’s election campaign (section the whole donation must be returned to the donor. 103A LEA). Electoral donations and contributions to donations, Transmitted donations of more than $1,500 incl. GST are required to be declared in A donation can be made either directly by the donor to the the candidate’s return of donations and expenses. A series of candidate or indirectly by a transmitter who transmits a donation donations made by one person that adds up to more than $1,500 to the candidate on someone else’s behalf, for example via must also be declared. An electoral donation includes: a lawyer’s trust fund. Any person who receives a candidate • where a candidate is provided with goods or services free of donation on the candidate’s behalf must transmit it to the charge that have a reasonable market value greater than $300 candidate within 10 working days. When transmitting a donation, • where a candidate is provided with discounted goods or the transmitter must tell the candidate: services and the reasonable market value of the goods or • that the donation is being transmitted on behalf of a donor services is greater than $300, the difference between the • the name and address of the donor contract or agreed price and the reasonable market value of those goods and services is a donation • whether the donation is made up of contributions • where a candidate sells over-valued goods or services, the • the total amount of contributions of $1,500 or less difference between the price paid and the reasonable market • in the case of contributions greater than $1,500, the name, value is a donation, for example a fundraising auction or address, and contribution of each contributor. dinner. Where a transmitter does not disclose the name and address The following are not candidate donations: of the donor, the donation must be treated as an anonymous • volunteer labour donation (see below). • goods or services provided free of charge to a candidate, or to Anonymous donations any person on the candidate’s behalf that have a reasonable Candidates are not permitted to retain anonymous donations market value of $300 or less exceeding $1500. An anonymous donation is a donation made • money provided by the candidate for his or her own in such a way that the candidate who receives the donation campaign. does not know the identity of the donor and could not, in the If a person or organisation gives or pays for goods or services that circumstances, reasonably be expected to know the identity would otherwise be candidate election expenses, the reasonable of the donor (section 103A LEA). If a candidate receives an market value of those items, whatever their value, should be anonymous donation greater than $1,500, he or she may retain recorded as an election expense. If the reasonable market $1,500 of that donation. The balance of the donation must, within value of the items exceeds $300 it should also be recorded as a 20 working days of receipt, be paid to the electoral officer for donation. payment into the general fund of the local authority. Donations made up of contributions Applicable period for donations Donations to candidates can be made up of pooled funds There is no provision within the Local Electoral Act 2001 or contributed by more than one person (referred to in the Act as it’s regulations specifying a period for recording or declaring donations funded from contributions). These types of donations donations. On that basis, all qualifying donations contributed for include, for example, campaign donations made through a use in a candidate’s election campaign for the 2019 triennial local trust, or where there is a fundraising collection for a candidate’s body elections should be recorded and included in the candidate’s campaign (section 103A LEA). The total proceeds of a collection return of election expenses and donations. are treated as a donation under the Act. The person who collects the money will normally be the donor. The individuals who contribute to the collection are contributors for the purposes of the Act. If an electoral donation, other than an anonymous donation, is made up of contributions, the transmitter or donor must tell the candidate: • the name and address of the donor • whether the donation is made up of contributions • the total amount of individual contributions of $1,500 or less • in the case of individual contributions greater than $1,500, the name, address, and contribution of each contributor.
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South Waikato District Council’s Social Media For the sake of clarity, South Waikato District Council’s web and Guidelines for Candidates social media channels are: Candidates must comply with the following guidelines for web www.facebook.com/southwaikatodistrictcouncil and social media use and presence related to campaigning. Things to be aware of: @SouthWaikatoDC • During the lead up to elections, the current Mayor and www.southwaikato.govt.nz Councillors may be used in social media posts where it is appropriate and is considered ‘business as usual’ to use them. www.nz.linkedin.com/company/south-waikato-district-council This may be in images or quotes. www.youtube.com/user/SouthWaikatoCouncil • Election advertising, using any media, including social media, must identify the person under whose authority they have https://www.neighbourly.co.nz/organisation/south-waikato- been produced, as per sections 113-115 of the Local Electoral district-council-2 Act 2001. This means in your profile photo/bio, you must have a statement saying that all content/images on your social At the time of compiling this handbook, Council was in the media channel are authorised by you or your agent. You must process of establishing an Instagram account. The address at the include a physical address in the authorisation statement (not time of writing is unknown, however the account will be active a PO Box, private bag or rural number), and you must not use during the election process. the Council’s main office address. Council also uses a mobile phone app Antenno. • Council’s social media accounts (listed below), including but not limited to Antenno, Facebook, Twitter, Instagram and LinkedIn, are not permitted to be used as a communications channel by anyone (candidates or members of the public) for promotion, electioneering or campaigning. This also applies to all social media accounts owned by Council-controlled organisations. • The Council’s social media accounts are constantly monitored and any campaign related or electioneering content will be removed immediately and the writer will be blocked. • If South Waikato District Council already follows your public social media accounts, please note you will be unfollowed three (3) months prior to the election date. 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 and the writer will be blocked. • Candidates cannot reply to the Council’s social media posts or share with a comment encouraging people to like or follow their own social media accounts or any other electioneering tool. Any posts that do this will be removed immediately. • Candidates must not link their own social media accounts (if they are used for campaigning purposes) to the Council’s social media accounts. • Candidates cannot rate, review, check-in or tag the Council’s social media channels. • The Council’s social media accounts will remain neutral. South Waikato District Council will promote elections and the importance of voting but will not associate these posts with any candidates.
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Hoardings
The South Waikato District Council supports in principle some of Tokoroa Putāruru its properties, parks and reserves being used for election signs and hoardings, but approval must first be obtained. If you wish Dunham Park Constance Tulloch Reserve to install a sign in a location owned by Council, please submit details on the enclosed application form. Details must include a Maureen Siepolt Reserve Garden of Memories specific site location plan, as not all locations or dimensions of Elizabeth Park Glenshea Park signs will be granted approval. It is imperative that the following are complied with: Tokoroa Memorial Totara Park • Electoral signs are not to exceed 3m2 per sign. Sportsground • Only one sign per candidate per site. Ireland Reserve Lorraine Moller Arboretum • A maximum number of ten signs per candidate is permitted in total across Council property in the South Waikato District. Strathmore Park • Election signs and hoardings can be installed from 11 July to It is imperative that Council as an organisation remains 11 October. All hoardings must be removed prior to midnight politically neutral during the election period. For this reason on Friday 11 October. election hoardings and signage (or any other promotional • Posts and boards are to be removed from the site and the material, eg, posters, flyers etc) will not be permitted in any ground reinstated by backfilling holes following the removal of Council office, library, pool facility and the South Waikato Sport the posts. and Events Centre gardens, surrounds and buildings. • Additional signs are permitted on private property with the The table on the next page is a list of the locations that will permission of the property owner. These signs must adhere to generally be acceptable, subject to siting (site location plan). district plan rules around size (as detailed in this section). Please note that if the site is ticked alongside, approval MUST also When planning to dig holes to install hoardings and signs be sought from the Transport Agency. These sites were selected alongside roads and on other public land, it is advisable to contact for visibility, vehicular and foot traffic. the owners of cables and pipelines (eg, electricity and gas line Council reserves the right to require the removal of signs that are: companies) to ascertain whether any are buried in that location. • not approved You could also contact BeforeUDig on 0800 248 344 or visit www.beforeudig.co.nz. • have become damaged or unsightly For further information or to seek approval for signs, contact the • not removed before election day. following people: When applying to Council for permission to install signage, you • For District Plan information on election signs, contact Sylvia are required to provide the name and contact number of the Shepherd on 07 885 0340. installers so that Council can follow up with any non-compliance issues around installation and removal (backfilling). • For siting of signs on the sides of Council roads, contact Andrew Diffey on 07 885 0340. Should removal by the owner not occur, Council will remove the sign and recover costs from the owner of the signs. • For siting of signs in Council reserves, contact Phil Parker on 07 885 0340. • For siting of signs alongside State Highways, contact the New Zealand Transport Agency by email at [email protected] The following is a list of locations that will NOT BE APPROVED for election hoardings and signage; for reasons of commemoration, traffic safety and historical significance.
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Tokoroa Putāruru Tīrau Arapuni Grassed area north of the Reserve on western Crn Okoroire St/Prospect toilet on Arapuni Street Baird Road Reserve side of SH1 (Taupo St) 3 Ave (alongside the parking opposite Sholson St bays) Vacant Council property, south side of Hammer Prospect Ave–railway Grampian Reserve Hardware, Princes St side berm (opposite Arapuni St) Vacant Council property, St Andrews Drive Arapuni Street (opposite Sewerage Treatment 3 Reserve the Scotia Glen Plant frontage–SH27 intersection) Bern on the northern side of the Russell Council reserve Lake Moananui (opposite Tce/SH1 intersection 3 SH1, north of SH27 3 Kahu St) (opposite the ‘Welcome intersection to Putāruru’ sign)
Cobham Crescent Matamata County 3 Reserve Reserve (SH1 end) Inman Avenue Reserve Matarawa Park Lake Moananui (Maraetai Rd end) Glenkill Park Kauri Reserve Papanui Reserve Cnr Roslin/O’Sullivan Drive
24 Candidate Information for the 2019 Elections
New Zealand Transport Agency Election Sign xii) Not be erected for longer than 9 weeks prior to the Requirements election day; As part of its State Highway network responsibilities, the New xiii) If required, have the approval of the relevant local Zealand Transport Agency (Transport Agency) seeks the co- authority. operation of candidates in controlling the location and number of The Transport Agency reserves the right to approve or decline the electioneering signs adjacent to the state highway network. erection of any sign. The Transport Agency continues to be concerned with the Signs erected within State Highway road reserve in a location or potential for driver distraction arising from signs, particularly a manner likely to cause distraction or a danger to road users those near or adjacent to intersections, and would like to ensure may be removed by the Transport Agency without prior notice. that electioneering signs do not contribute to New Zealand’s road Where a sign is removed by the Transport Agency the candidate crash statistics. will be advised of its removal. The sign may be redeemed at the With this in mind, please find below the Transport Agency’s candidate’s cost. criteria and guidelines for election sign placement. Signs located on private property adjacent to the State Signs located on State highway road reserve Highway The placement of a sign within State Highway road reserve must Signs located on private property adjacent to a State Highway be approved by the Transport Agency prior to being erected. Signs must comply with both the Electoral (Advertisements of a must meet the criteria below in accordance with the Electoral Special Kind) Regulations 2005 and the Electoral Act 2001 but are (Advertisements of a Special Kind) Regulations 2005, the Local administered by the relevant local authority. If the sign requires Electoral Act 2001, the Transport Agency Signs on State Highways resource consent, approval will be required from the Transport Bylaw 2010, The Transport Agency Advertising Signs and Road Agency as an affected party under Section 95 of the Resource Safety: Design and Location Guidelines and the Transport Agency Management Act. Traffic Control Devices Manual Part 3 Advertising Signs. Signs located on private property adjacent to the State Highway The criteria are as follows: that do not require resource consent from the relevant local authority, do not require approval from the Transport Agency. 1) Signs located on a motorway or State highway road reserve However, in the interest of road safety, the Transport Agency are not permitted in speed environments of 70kph or above requests your cooperation in controlling the appearance and 2) Vehicle mounted signs situated on motorways or State location guidelines and the Transport Agency Traffic Control highways are not permitted; Devices Manual Part 3 Advertising environments over 70km/h, it 3) Signs within the State highway road reserve in a speed is recommended that signs should not be located within 200m of environment less than 70kph, must: an intersection or pedestrian crossing. i) Not exceed 1 square metre in area, or 2 metres for any If you have any further queries, please contact the edge dimension; Transport Agency’s Consents and Approvals team on ii) Not use reflective material, have internal or external [email protected] illumination nor any moving parts or a dynamic or flashing display; iii) Not be more than 2.5 metres above the road or ground (measured from the bottom edge of the sign); iv) Not be closer than 5 metres from the edge of the carriageway; v) Not be located within 100m of an intersection or pedestrian crossing; vi) Not imitate or be of a design, form or colour similar to any traffic signs; vii) Be positioned at a right angle to the State highway; viii) Have lettering and symbols at least 120 millimetres in height; ix) Have spacing between lines of text of at least 50mm; x) Be located generally giving consideration to visibility and other traffic safety aspects; xi) Have no more than 6 words, or 40 characters;
25 Candidate Information for the 2019 Elections
Voting and Processing of Votes
Order of Candidates on the Voting Papers Early Processing of Returned Voting Papers South Waikato District Council has resolved pursuant to Section The electoral officer has decided pursuant to Section 80 of the 79 of the Local Electoral Act 2001 that the names of the Local Electoral Act that returned voting papers will be opened and candidates will appear in random order on the voting papers. processed during the voting period before the close of voting. This means that the candidate names will appear in a different Voting papers for South Waikato District Council are being order on each separate voting paper. Barcodes will be printed processed by Council’s election contractor, electionz.com Ltd. beside each candidate name for counting purposes. electionz. com will be processing approximately 600,000 voting papers for 42 Councils at its processing centre in Christchurch. Special Voting The early processing of voting papers involves the following Special voting documents are available to electors: functions: • whose names do not appear on the final electoral roll, but • opening of envelopes who qualify as electors • extracting of voting papers • who did not receive a voting paper previously posted to them • checking for informal or duplicate votes • who spoil or damage a voting paper previously posted to • electronic capture of valid votes them. • no tallying of votes is undertaken until after the close of voting Special voting documents will be available from Friday 20 (12 noon, Saturday 12 October 2019). September 2019 to 12 noon, Saturday 12 October 2019 at the The early processing functions are undertaken within strict Council Office, Torphin Crescent, Tokoroa. security measures. One or more Justices of the Peace observe Putāruru Library, Overdale Street, Putāruru (Open weekdays all early processing functions, and sign a statement at the end of (normal hours) and on Saturdays (9.30am–12.30pm); note that the processing that all functions were undertaken correctly and special voting closes at noon on Saturday 12 October 2019). conformed with the legal and secrecy requirements. Special voting documents can be posted directly out to electors. Candidate’s scrutineers are not permitted to observe the early The completed voting paper however, must be in the hands of processing functions (refer to Appendix 4). the electoral officer or the deputy electoral officer by noon on election day, i.e. 12 noon, Saturday 12 October 2019. Election Results Special voters must complete a statutory declaration. This is a The counting of votes takes place as soon as practicable after 12 legal requirement and a protection for electors against possible noon on Saturday 12 October 2019. duplicate voting. It is expected that a progress result will be released by the If an elector requests a special vote and is not on the electoral officer by 2pm on Saturday 12 October 2019. The parliamentary roll (e.g. just turned 18 years of age), the person preliminary result will be released as soon as all ordinary voting must enrol on the parliamentary roll by Friday 11 October 2019. papers have been received and processed at the processing An application for registration as a parliamentary elector may be centre. This is likely to be by midday Sunday 13 October, if not obtained: before. • from any Post Shop or Candidates will be advised the progress results on election day– • by telephoning 0800 ENROLNOW (0800 367656) or either by e-mail or phone. Only two attempts to communicate the • by accessing the Electoral Enrolment Centre website on progress result to any candidate will be made. These will be made www.elections.org.nz. around the time that progress results are posted to the Council website. After voting closes, special vote declarations are forwarded to Registrars of Electors for verification that the elector is eligible Results will be released to candidates and media via email and and has enrolled as a parliamentary elector. www.southwaikato.govt.nz. Special voting documents cannot be collected by candidates or their assistants for distribution to electors.
26 Candidate Information for the 2019 Elections
Ward Map
South Waikato District Ward Boundaries Note: the Tīrau Community Board area is the same as the Tīrau Ward.
27 Appendix 1 Candidate Information for the 2019 Elections
Candidate Profile Statements
Local Authority Elections 2019 Photos must be submitted at the same time as all nomination documents and by the close of nominations i.e. on or before 12 Right to Submit a Candidate Profile Statement (CPS) noon, Friday 16 August 2019. [Section 61(2)(c) and Clause 28]. Every candidate for election to a local authority may submit a CPS (Refer to page 15 for the production specifications for the CPS and with their nomination (Section 61, Local Electoral Act). This is a candidate photograph). permissive right – it is not mandatory to submit a CPS. Where a candidate is standing for two or more offices, e.g. Mayor Duties, Powers and Responsibilities of and Councillor – he/she may submit a CPS for each office (Clause 26, Local Electoral Regulations). Electoral Officers Candidate Profile Statement Conditions Where an electoral officer is not satisfied that a CPS complies with Section 61(2) and (3), he/she must, under Section 61(4), return • Under Section 61(2)(a) and (3) of the Act and Clause 27 of the the CPS to the candidate specifying the concerns and reasons Regulations, a CPS for them and the period within which an amended CPS may be - if in English or Māori or both, must not exceed 150 words resubmitted. in each of the languages used in the CPS. The information A candidate will be treated as having failed to provide a CPS if contained in each language must be substantially Section 61(4) applies and he/she fails to submit an amended CPS consistent with the information contained in the other within the period specified by the electoral officer or submits an language; amended CPS, which in the electoral officer’s opinion, still fails to - in any other language other than English or Māori, must comply with Section 61(2) and (3). not exceed 150 words, or their equivalent, if symbols It is important to note that under Section 61(6), the electoral are used rather than words. This includes any translation officer is not required to verify or investigate information included of those words into another language provided by the in any CPS. candidate. Where a CPS is in a language other than English The EO is not liable in relation to: or Māori, then the candidate must provide a CPS in English or Māori. - any statement in or omitted from a CPS; or • Every CPS must be submitted with the candidate’s nomination - the work of a prudently selected translator; or form. - the exercise of the powers and functions conferred on the • The content of a CPS, under Section 61(2)(c), must be confined electoral officer under Section 61. to information: - concerning the candidate or any group or organisation the Distribution of Candidate Profile Statement candidate claims affiliation to under S 55(4) of the LEA; • Section 62 of the Act and Clause 29 of the Regulations - on the candidate’s policies and intentions if elected. requires the electoral officer to send to each elector with the • A CPS cannot be used to comment on the policies, voting documents, all CPS’s that comply with Section 61, for performance, etc of any other candidate. each candidate in the election for a local government area or subdivision. In addition, a local authority may display CPS’s at A candidate may include with their CPS a recent hard copy its offices, or service centres, and publish them on its website photograph of the candidate alone which has been taken within as soon as they are ready after nominations have closed. 12 months of the candidate’s date of nomination. • Any failure of an electoral officer to comply with Section 62 Note: Soft (electronic) versions of the candidate photos may will not invalidate the election. be submitted with the CPS. These should be either copied onto a media device or emailed to the deputy electoral officer, at [email protected].
Examples of CPS’s A English = 150 words B Māori = 150 words C English + Māori = 300 words (must be substantially consistent with each other) D 1 Other Language (Non English / Māori) + English Translation OR Māori Translation = 150 words E 2 Other Languages (Non English / Māori) + English Translation OR Māori Translation = 150 words F 3 + Other Languages (Non English / Māori) + English Translation OR Māori Translation = 150 words
28 Appendix 2 Candidate Information for the 2019 Elections
Return of Electoral Donations And Expenses
RETURN OF ELECTORAL DONATIONS AND EXPENSES
I was a candidate for the following election(s) held on 12 October 2019(Election/Ward/Issue name):
and make the following return of all electoral expenses incurred by me or on my behalf at the election and of all electoral donations made to me or to any person on my behalf.
Notes and Definitions of Donations and Expenses: 1. All candidates in elections held under the provisions of the Local Electoral Act 2001 must file a return of electoral donations and expenses. If no donations were received or expenses incurred, a Nil return must be made. 2. All candidates are required to keep proper records of donations received and expenses paid for election work. These do not have to be filed with this return but must be available to support enquiries about the return if required. 3. Donations can be monetary or physical goods or services supplied or a combination thereof. 4. Donations to a candidate of labour only or donations of goods and services that have a fair market value of $300 or less do not have to be declared – see S103A of the LEA 2001. 5. Candidates must declare donations from each contributor that exceed $1500 in value. Where a contributor has made donations in instalments that sum to more than $1500 in value, each contributing donation needs to be listed in Section A2 and the aggregated sum shown. 6. If there is insufficient space provided in any section, attach a separate sheet with the additional detail.
Section A1: Candidate Donations (Anonymous) List here details of any anonymous (identity of donor is unknown to yourself or any officials engaged on your behalf) donations that exceed $1500: Date Paid to Amount Paid to Date Received Amount Description of Contribution Electoral Officer Electoral Officer
Section A2: Candidate Donations (Other) List here details of any other donations received that exceed $1500: Date Received Name of Contributor Address of Contributor Description of Contribution Amount
Section B: Candidate Expenses List here details of any election expenses paid for (inclusive of GST): Date Paid Name of Party Paid Description of Payment Made Amount
Dated at (place) this day of 20
Candidate’s Signature
29 Appendix 3 Candidate Information for the 2019 Elections
Electoral Expenses & Donations
The following sections of the Act cover requirement provisions for 112 Apportionment of electoral expenses electoral donations, expenses and returns which all candidates 1) If any activity of the kind described in paragraphs (a) to (d) should be aware of. of the definition of the term electoral activity (as set out 111 Maximum amount of electoral expenses in section 104) is, in relation to a candidate at an election, 1) The total electoral expenses (inclusive of goods and services carried on both before and within the applicable period tax) of a candidate must not— before the close of polling day,— (a) exceed $3,500 if any local government area over which the (a) the expenses incurred in respect of the activity (being election is held has a population smaller than 5 000: expenses incurred by or on behalf of the candidate) must be properly apportioned so that a fair proportion of those (b) exceed $7,000 if any local government area over which the expenses is attributed to the carrying on of the activity in election is held has a population smaller than 10 000 and the applicable period before the close of polling day; and larger than 4 999: (b) the fair proportion of those expenses are electoral (c) exceed $14,000 if any local government area over which expenses. the election is held has a population smaller than 20 000 and larger than 9 999: 2) If any election activity relates exclusively to campaigns for the election of 2 or more candidates, any electoral expenses (d) exceed $20,000 if any local government area over which in respect of that electoral activity must be apportioned the election is held has a population smaller than 40 000 equitably in relation to each of those candidates. and larger than 19 999: (e) exceed $30,000 if any local government area over which 112AA Offence to pay electoral expenses in excess of the election is held has a population smaller than 60 000 relevant prescribed maximum and larger than 39 999: 1) This section applies to any candidate or other person who (f) exceed $40,000 if any local government area over which directly or indirectly pays or knowingly aids or abets any the election is held has a population smaller than 80 000 person in paying for or on account of any electoral expenses and larger than 59 999: any sum in excess of the relevant maximum amount prescribed by section 111. (g) exceed $50,000 if any local government area over which the election is held has a population smaller than 100 000 2) The candidate or person commits an offence and is liable on and larger than 79 999: conviction— (h) exceed $55,000 if any local government area over which (a) to a term of imprisonment not exceeding two years, or a the election is held has a population smaller than 150 000 fine not exceeding $10,000, if he or she knew the payment and larger than 99 999: was in excess of the relevant prescribed maximum amount; or (i) exceed $60,000 if any local government area over which the election is held has a population smaller than 250 000 (b) to a fine not exceeding $5,000 in any other case, unless and larger than 149 999: he or she proves that he or she took all reasonable steps to ensure that the electoral expenses did not exceed the (j) exceed $70,000 if any local government area over which relevant prescribed maximum amount. the election is held has a population smaller than 1 000 000 and larger than 249 999: Return of electoral donations and expenses (k) exceed the sum referred to in subsection (1A) if any local 1) Within 55 days after the day on which the successful government area over which the election is held has a candidates at any election are declared to be elected, every population of 1 000 000 or more. candidate at the election must file a return of electoral 1) The sum is— donations and expenses. (a) $100,000 plus the amount prescribed under section 2) However, in any case where a candidate is outside New 139(1)(ha) for each elector; or Zealand on the day on which the successful candidates are declared to be elected (election result day), the return must (b) $100,000 plus 50 cents for each elector, if no amount is be filed within 76 days after election result day. prescribed under section 139(1)(ha). 3) The return of electoral donations and expenses must set out— 2) Despite subsection (1), if a candidate is a candidate for more than one election held at the same time, the total electoral (a) the details specified in subsection (4) in respect of every expenses (inclusive of goods and services tax) of that electoral donation (other than a donation of the kind candidate must not exceed the highest amount permitted referred to in paragraph (c)) received by the candidate under subsection (1) in respect of any one of the elections for that, either on its own or when aggregated with all other which the person is a candidate. donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and
30 Candidate Information for the 2019 Elections
(b) whether any donation is funded from contributions, and Filing a false return of electoral donations and expenses if so, and to the extent known or ascertainable from the 1) A candidate who files a return under section 112A that is false information supplied under section 103D, the details in any material particular commits an offence and is liable on specified in subsection (5) in respect of every contribution conviction— that, either on its own or when aggregated with other (a) to a term of imprisonment not exceeding 2 years, or a contributions by the same contributor to the donation, fine not exceeding $10,000, if he or she filed the return exceeds $1,500 in sum or value; and knowing it to be false in any material particular; or (c) the details specified in subsection (6) in respect of every (b) to a fine not exceeding $5,000 in any other case, unless anonymous electoral donation received by the candidate the candidate proves that— that exceeds $1,500; and (i) he or she had no intention to misstate or conceal the (d) details of the candidate’s electoral expenses. facts; and 4) The details referred to in subsection (3)(a) are— (ii) he or she took all reasonable steps in the (a) the name of the donor; and circumstances to ensure the information in the return (b) the address of the donor; and was accurate. (c) the amount of the donation or, in the case of aggregated 112E Obligation to retain records necessary to verify donations, the total amount of the donations; and return (d) the date the donation was received or, in the case of 1) A candidate must take all reasonable steps to retain all aggregated donations, the date that each donation was records, documents, and accounts that are necessary to received. enable a return under section 112A to be verified. 5) The details referred to in subsection (3)(b) are— 2) The records, documents, and accounts must be retained until (a) the name of the contributor; and the expiry of the period within which a prosecution may be (b) the address of the contributor; and commenced under this Act in relation to the return or to any (c) the amount of the contribution or, in the case of matter to which the return relates. aggregated contributions, the total amount of the 3) A candidate who fails, without reasonable excuse, to comply aggregated contributions. with subsection (1) commits an offence and is liable on 6) The details referred to in subsection (3)(c) are— conviction to a fine not exceeding $5,000. (a) the date the donation was received; and Return to be open for public inspection (b) the amount of the donation; and 1) The electoral officer must keep every return filed under (c) the amount paid to the electoral officer under section section 112A in the electoral officer’s office, or at some other 103J(1) or (2) and the date that payment was made. convenient place to be appointed by the chief executive of the local authority, for a period of 7 years after the date of the 7) Every return filed under this section must be in the form election to which it relates (the public inspection period). prescribed in Schedule 2. 2) During the public inspection period the electoral officer 8) It is the duty of every electoral officer to ensure that this must— section is complied with. (a) publish, electronically or in any other manner the electoral 9) In this section, file in relation to a return, means to send the officer considers appropriate, every return filed under return to the electoral officer responsible for the conduct of section 112A; and the election. (b) make available for public inspection a copy of every return Nil return filed under section 112A; and If a candidate considers that there is no relevant information to (c) provide to any person upon request a copy of 1 or more disclose under section 112A, the candidate must file a nil return returns filed under section 112A, subject to the payment under that section. of any charges that may be made under the Local Failure to file return of electoral donations and expenses Government Official Information and Meetings Act 1987. 1) A candidate who fails, without reasonable excuse, to comply with section 112A commits an offence and is liable on conviction to— (a) a fine not exceeding $1,000; and (b) if he or she has been elected to office, a further fine not exceeding $400 for every day that he or she continues to hold office until the return is filed.
31 Candidate Information for the 2019 Elections
113 Advertisements for candidates 138 Duty to take action in respect of offences 1) No person may publish or cause to be published in any 1) Subsection (2) applies if an electoral officer— newspaper, periodical, notice, poster, pamphlet, handbill, (a) receives a written complaint that an offence has been billboard, or card, or broadcast or permit to be broadcast over committed under— any radio or television station, any advertisement that is used (i) Part 5; or or appears to be used to promote or procure the election of a candidate at an election, unless subsection (2) or subsection (ii) Part 5A; or (4) applies. (iii) this Part; or 2) A person may publish or cause or permit to be published an (b) believes for any other reason that an offence has been advertisement of the kind described in subsection (1) if— committed under either of the Parts specified in paragraph (a) the publication of that advertisement is authorised in (a). writing by the candidate or the candidate’s agent or, in 2) If this subsection applies, the electoral officer must— the case of an advertisement relating to more than 1 (a) report the complaint or belief to the Police; and candidate, the candidates or an agent acting for all of (b) provide the Police with the details of any inquiries that he those candidates; and or she considers may be relevant. (b) the advertisement contains a statement setting out the 3) Subsection (2) does not prevent any person from reporting an true name of the person or persons for whom or at whose alleged offence to the Police. direction it is published and the address of his or her place of residence or business. 4) Despite subsection (2), an electoral officer is not required to report the failure by a candidate to file a return under section 3) A candidate is not responsible for an act committed by an 112A if the candidate files the return promptly after being agent without the consent or connivance of the candidate. required to do so by the electoral officer. 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 broadcast 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.
32 Appendix 4 Candidate Information for the 2019 Elections
Scrutineers
Role of Scrutineers Appointment of Scrutineers • The Local Electoral Act 2001 (LEA) and the Local Electoral • For a local authority election a candidate may appoint one or Regulations 2001 (LER) do not specify in detail the role of more scrutineers (Section 66 LEA). scrutineers. However, the general role of scrutineers is to • In relation to a local authority poll, 10 or more electors, who oversee and observe certain election or poll procedures to are either in favour of or opposed to the proposal being ensure they are undertaken fairly and that votes are counted polled, may appoint 1 or more scrutineers (Section 67 LEA). consistently and accurately. • Every scrutineer appointed under Sections 66 or 67 of the Act • The election or poll procedures which scrutineers are must be appointed in writing (a model letter of appointment is statutorily permitted to oversee and observe are: contained in the back of this section). • Scrutineering of Roll (Sections 81 and 83 LEA and Clause • An appointment as scrutineer is not valid unless a copy of the 55 LER). This involves comparing the rolls used at the notice of appointment is delivered by the candidate or the election or poll upon which there is recorded the fact that 10 electors to the electoral officer. The electoral officer must an elector has voted. The objective is to establish any dual receive this notice not less than 24 hours before the close of voting which is disallowed. the voting period. The deadline is Friday 11 October 2019 in • Preliminary and Official Counts (Section 84 LEA, and the case of this year’s local authority elections (Section 68(1) Clauses 59, 60 and 62 LER). The preliminary count involves LEA). It is suggested that a scrutineer should always carry a the first count of votes immediately following close of copy of this notice when undertaking scrutineering duties. voting. The outcome is the preliminary result announced • Section 68(3) of the Act contains three restrictions on who on polling day. The official count follows the preliminary may be appointed a scrutineer. No person can be a scrutineer count and includes any remaining special votes. It can if they are: commence on polling day and due to special voting issues • a candidate in the elections; or is usually completed on the Monday or Tuesday following polling day. • a member or employee of any local authority or community board for whom the election or poll is being Note: With electronic processing, the count processes held; or are computerised tasks undertaken once required reconciliations have been completed. Both counts • under 18 years of age. (preliminary and official) are likely to take several minutes to complete. Declaration • Recount (Section 91 LEA). A recount takes place on the • No person appointed as a scrutineer can carry out order of a district court judge following an application scrutineering duties until he or she has completed a from a candidate. When required, it involves a recount of declaration (Section 14(2) LEA and Clause 91 LER). the relevant voting documents. • The key obligations for a scrutineer arising from the • In observing the processes above, it is lawful for a scrutineer declaration is that he or she: to pass on information to any person of the names of persons • will well and truly serve in the office of scrutineer; and who have voted (Section 68 LEA). The passing on of any • will not directly or indirectly disclose any fact coming to his other information is not permitted – see offences later in this or her knowledge at the election or poll that he or she is booklet. required by the Act not to disclose. • Given that the practice has been for all local authority • A person appointed as a scrutineer must report to the elections to be conducted by postal voting and not by booth electoral officer or deputy electoral officer on the first day voting as per parliamentary elections, scrutineers are less on which he or she is to undertake any scrutineering duty involved in the local elections process than for parliamentary to complete the required declaration. Upon completing elections. the declaration, the scrutineer will be given a ‘scrutineer’ • Scrutineers are not entitled or empowered to interfere nametag. This nametag must be returned to the electoral with the conduct of an election or poll or raise questions officer when the scrutineer leaves the premises where he or of procedure or law with electoral officials. If a scrutineer she is acting as a scrutineer. believes that electoral procedures are not being followed, he or she should draw the matter to the attention of the electoral officer.
33 Candidate Information for the 2019 Elections
Information to be Supplied by Electoral Restrictions on Scrutineers During Election Officer and Poll Processes • As soon as practicable following the appointment of a • Pursuant to Section 80 of the Act, the EO will process voting scrutineer, the electoral officer will advise that person of: documents during the voting period. Scrutineers are prohibited • arrangements for the election or poll process that he or under Section 81 of the Act from being present during the she has been appointed for early processing of voting documents. Early processing of voting documents does not involve counting or totalling votes • what restrictions apply to scrutineers; and for any candidate for election or for or against any proposal • how that person is expected to conduct themselves. in a poll. Counting of votes can only commence for the preliminary count after the close of voting i.e. after 12 noon, Arrangements for Roll Scrutiny, Preliminary Saturday 12 October 2019. and Official Counts and any Recount • It is permissible for a candidate in the case of an election, and • The electoral officer will advise the scrutineer: for 10 electors in the case of a poll, to appoint more than one scrutineer. However, only one scrutineer for any candidate • where he or she should go, and at what time, to complete can be present at the same place to undertake scrutineering the required declaration before any scrutineering duties duties. can be undertaken • It is permissible for scrutineers at any time to leave and return • when and where any planned briefing of candidates and to the undertaking of the roll scrutiny, and after close of scrutineers about election processes is to be held voting, the preliminary and official counts. Upon returning to • when and where any planned briefing of electoral officials the process, a scrutineer has no power or right to expect the about the election or poll process is to be held electoral officer to go back for his or her benefit and repeat • where the scrutiny of the roll will be conducted (address the activities in relation to voting documents that were dealt and office) with in his or her absence. The same practice will apply if • what days and time that the scrutiny of the roll will take a scrutineer is late for the commencement of any of these place processes. • that the preliminary count of voting documents will commence at 12 noon on Saturday 12 October 2019 • when and where the official count will commence and take place and on what days it will extend over if there are special votes to clear with the Registrar of Electors • on how the preliminary and official counts will be undertaken – manually or electronically • if a recount has been ordered by a district court judge, where and when that recount will take place • that no remuneration will be paid to any scrutineer by the local authority for the undertaking of scrutineering duties. Candidates should note that all vote processing will be carried out in Christchurch and that if they wish to appoint scrutineers all costs thereof are to be met by the candidate.
34 Candidate Information for the 2019 Elections
Conduct of Scrutineer Offences • The general role of scrutineers is to oversee and observe that • Scrutineers can be present at election and poll processes, particular procedures at an election or poll are undertaken which will expose them to returned voting documents and fairly and that votes are counted fairly and reasonably. As the information about voting. While scrutineers are permitted emphasis in relation to the role of scrutineers is on overseeing to tell any person the names of persons who have voted, and observing, it is expected that scrutineers must not talk to under the declaration a scrutineer must not directly or electoral officials involved in the roll scrutiny, the preliminary indirectly disclose any fact coming to his or her knowledge or official counts or in any recount. If a scrutineer believes that at the election or poll that he or she is required by the Act or electoral procedures are not being followed he or she should Regulations not to disclose. draw the matter to the attention of the electoral officer. It • Should a scrutineer break their declaration and disclose should not be raised with other electoral officials. information which is prohibited then they are likely to have • A scrutineer must also not seek from the electoral officer and committed an offence under one or more of the following other electoral officials any progressive voting trends during provisions of the LEA: the preliminary count. • Section 123, Offences in respect of official documents • The scrutiny and the preliminary and official counts are • Section 129, Infringement of secrecy critical processes to the outcome of an election or poll and • Section 130, Disclosing voting or state of election or poll. demand a high level of concentration from electoral officials. Accordingly, it is incumbent upon scrutineers not to distract, • These three sections are reprinted in full later. Scrutineers are annoy, linger close by or talk loudly to one another so as to advised to become familiar with them before they complete disrupt or upset any electoral officials. their declaration and undertake any scrutineering duties. • In keeping with the needs of electoral staff, scrutineers are not allowed to use or have mobile phones switched on within the area where scrutiny of the roll, the preliminary or official count or a recount is being conducted. • The LEA and LER are silent on the display of any party affiliation by scrutineers. The adopted policy will be what normally applies to scrutineers at parliamentary elections. This provides for the following items, in party colours but without party name, emblem, slogan or logo, may be worn on the person or displayed in a vehicle: • streamers • ribbons • rosettes (but see also the special rule about party lapel badges below) • items of a similar nature. • Party lapel badges may be worn anywhere on the person. A party lapel badge is any badge or rosette designed to be worn on the lapel and bearing a party name, emblem, slogan or logo. None of the above items may be displayed on bags or briefcases. Political parties will be asked to supply the electoral officer with a sample of their rosette prior to the commencement of the polling period. In the case of this years local authority elections, the polling period commences on Friday 20 September 2019. • Scrutineers should also bring their own refreshments. The electoral officer will not provide meals and refreshments for scrutineers.
35 Appendix 5 Candidate Information for the 2019 Elections
Appointment of Scrutineer
LETTER OF APPOINTMENT OF SCRUTINEER
I (candidate), a candidate for the (council/DHB/LT): (issue/ward/position): appoint (full name): to act as scrutineer at the following election processes (delete any not applicable):
1. Scrutiny of the roll 2. Preliminary Count 3. Official Count 4. Recount
Signed: (candidate) Notes for candidates: 1. A copy of this letter of appointment must be given to the electoral officer no later than 24 hours before the close of voting (i.e. by 12 noon Friday 11 October 2019). 2. Scrutineers should carry this letter at all times when undertaking their scrutineering duties. 3. At any of the election processes only one scrutineer for each candidate may be present at any one time.
36 Appendix 6 Candidate Information for the 2019 Elections
Election Offences
The Local Electoral Act 2001 includes provisions relating to Local Electoral Act 2001 offences at elections. In particular, candidates are asked to note the following legal requirements: 121 Illegal nomination, etc • Ensure all election advertising includes a proper authorisation Every person commits an offence, and is liable on conviction to a statement. Such a statement will include your name (or your fine not exceeding $2,000, who— agent’s name) and the street address for the appropriate (a) consents to being nominated as a candidate for an elective place of residence or business. A website or postal address office knowing that he or she is incapable under any Act of does not suffice. holding that office; or • Do not interfere or try to influence anyone who is about to (b) signs a nomination paper purporting to nominate as a vote. Do not offer to collect, post or deliver to the Council candidate a person who is, to the knowledge of the person completed voting papers from any other elector. signing, incapable under any Act of holding that office; or • Do not give, as part of your campaign, any gift or item of value (c) signs a nomination paper purporting to nominate another to any other person. An item of value is anything you would person as a candidate knowing that he or she is not qualified expect to pay for and typically may be useful to the recipient to vote at the election of the person named in the nomination other than as election literature. Examples of such items in paper as the candidate. the lower value category might include pens, biros, message 122 Interfering with or influencing voters or note pads, rulers, fridge magnets, key-chains and the like. 1) Every person commits an offence, and is liable on conviction • Do not, as part of your campaign, provide anyone with to a fine not exceeding $5,000, who— anything they can eat or drink, or with any entertainment or other provision. However, light refreshments provided (a) interferes in any way with any person who is about to vote after any meeting relating to an election does not amount with the intention of influencing or advising that person as to treating, but such light refreshments probably should not to how he or she should vote: include alcoholic drinks. (b) prints, publishes, distributes, or delivers to any person The electoral process in New Zealand is jealously guarded and (using any medium or means of communication) a electoral law is written in such a way so as to reinforce this document, paper, notice, or message, being or purporting through prescribing high standards for electoral behaviour. to be in imitation of any voting document to be used at the election or poll that,— The penalties for election offences differ. For unauthorised advertisements, the penalty is a fine up to $1,000. Other offences (i) in the case of an election, includes the name of a could result in a larger fine or imprisonment and, in some cases, candidate or candidates, together with any direction or loss of office as an elected member. indication as to the candidate or candidates for whom any person should vote: If the Electoral Officer receives any formal complaint about an offence, or become aware of an offence, the matter will (ii) in the case of a poll, includes a statement or indication be referred the matter to the Police, as required by the Local as to how any person should vote: Electoral Act 2001. The Electoral Officer generally does not have (iii) in any way contains or suggests any such direction or discretion to refuse to report offences. indication or other matter likely to influence how any Information on advertising and election offences is set out in person votes: full below, or in other parts of this handbook for advertising, (c) prints, publishes, or distributes any instruction on the donations and expenses. The detailed law is a little complex method of marking the voting document that differs in any in some instances, so the statements presented above are material way from the instructions required by this Act a simplification of the law and should not be regarded as a or any regulations made under this Act to accompany the substitute for reading the statutory provisions. voting document. Candidates are requested to read the following sections of the 2) Despite subsection (1)(b), it is not an offence under that Act carefully and to ensure that there is no infringement of these subsection to print, publish, distribute, or deliver a card or provisions either prior to or during the election: leaflet (not being an imitation voting document) on which is printed— (a) the names of all or any of the candidates and the elective offices for which they are candidates (with or without the name of the organisations or groups to which those candidates are affiliated, and including those who are independent); and (b) nothing else.
37 Candidate Information for the 2019 Elections
3) Nothing in this section applies to— 125 Bribery (a) any official statement or announcement made or exhibited 1) Every person commits the offence of bribery who, directly or under the authority of this Act or regulations made under indirectly, on that person’s own or by another person,— this Act; or (a) gives, lends, agrees to give or lend, offers, promises, or (b) any candidate profile statement, published, displayed, or promises to obtain any money or valuable consideration to distributed under the authority of this Act or regulations or for any elector, or to or for any person on behalf of any made under this Act. elector, or to or for any other person, in order to induce 123 Offences in respect of official documents any elector to vote or refrain from voting; or 1) Every person commits an offence who— (b) gives or obtains, agrees to give or obtain, offers, promises, or promises to obtain or to try to obtain any office or (a) intentionally removes, obliterates, or alters any official place of employment to or for any elector, or to or for mark or official writing on any voting document, or other any person on behalf of any elector, or to or for any other official document used at an election or poll: person, in order to induce the elector to vote or refrain (b) intentionally places any mark or writing that might be from voting; or mistaken for an official mark or official writing on any (c) corruptly does any act referred to in paragraph (a) or voting document, or other official document used at an paragraph (b) on account of an elector having voted or election or poll: refrained from voting; or (c) forges, counterfeits, fraudulently marks, defaces, or (d) makes any gift, loan, offer, promise, or agreement referred fraudulently destroys any voting document, or other to in paragraph (a) or paragraph (b) for, or with, any official document used at an election or poll, or the official person in order to induce that person to obtain or try mark on that document: to obtain the election of any person or the vote of any (d) supplies, without authority, a voting document to any elector; or person: (e) upon or as a consequence of any gift, loan, offer, promise, (e) obtains or has possession of any voting document, or agreement referred to in paragraph (a) or paragraph (b), other than one issued to that person under this Act or obtains, or tries to obtain, the election of any person or any regulations made under this Act for the purpose of the vote of any elector; or recording his or her vote, without authority: (f) advances or pays, or causes to be paid, any money to or (f) intentionally destroys, opens, or otherwise interferes for the use of any other person, intending that that money with any ballot box or box or parcel of voting documents or any part of it will be used for bribery at any election or without authority. poll; or 2) Every person who commits an offence against subsection (1) is (g) knowingly pays or causes to be paid any money to any liable on conviction,— person in discharge or repayment of any money wholly or (a) in the case of an electoral officer or other electoral official, partly used for bribery at any election or poll. to imprisonment for a term not exceeding 2 years: 2) An elector commits the offence of bribery if,— (b) in the case of any other person, to imprisonment for a (a) before or during the voting period at the election or poll, term not exceeding 6 months. he or she, directly or indirectly, on his or her own or by 124 Voting offences another person, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, Every person commits an offence, and is liable on conviction to or employment for himself or herself or for any other imprisonment for a term not exceeding 2 years, who— person for voting or agreeing to refrain from voting: (a) votes or applies to vote more than once at the same election (b) after the voting period at the election or poll, he or she or poll; or directly or indirectly, on his or her own or by another (b) without authority, removes, deletes, or otherwise interferes person, receives any money or valuable consideration with any voting document, or other record of a vote that has on account of any person having voted or refrained from been cast. voting or having induced any other person to vote or refrain from voting. 3) Every person who commits the offence of bribery is liable on conviction to imprisonment for a term not exceeding 2 years.
38 Candidate Information for the 2019 Elections
126 Treating 128 Personation 1) Every person commits the offence of treating who corruptly, 1) Every person commits the offence of personation who, at any before, during, or after an election or poll, and directly or election or poll,— indirectly, on that person’s own or by another person, gives (a) votes in the name of some other person (whether living or or provides, or pays wholly or in part the expense of giving or dead), or of a fictitious person: providing, any food, drink, entertainment, or provision to or (b) having voted, votes again at the same election or poll: for any person— (c) having returned a voting document, applies for or returns (a) for the purpose of influencing that person or any other another voting document with the intention of returning person to vote or refrain from voting; or an additional valid voting document or invalidating a vote (b) for the purpose of obtaining his or her election; or already cast at the same election or poll (whether or not (c) on account of that person or any other person having any voting document he or she returns is valid). voted or refrained from voting, or being about to vote or 2) Every person who commits the offence of personation is liable refrain from voting. on conviction to imprisonment for a term not exceeding 2 2) Every holder of a licence under the Sale and Supply of Alcohol years. Act 2012 commits the offence of treating who knowingly 129 Infringement of secrecy supplies any food, drink, entertainment, or provision— 1) Every electoral officer, deputy electoral officer, and other (a) to any person, if the supply is demanded for 1 or more of electoral official— the purposes specified in subsection (1); or (a) must maintain and assist in maintaining the secrecy of the (b) to any person, whether an elector or not, for the purpose voting; and of obtaining the election of a candidate or affecting the result of a poll, and without receiving payment for it at the (b) must not communicate to any person, except for a time when it is supplied. purpose authorised by law, any information likely to compromise the secrecy of the voting. 3) Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of 2) No person, except as provided by this Act or regulations made treating. under this Act, may— 4) Despite subsections (1) to (3), the provision of light (a) interfere with or attempt to interfere with a voter when refreshments after any meeting relating to an election or poll marking or recording his or her vote; or does not constitute the offence of treating. (b) attempt to obtain, in the building or other place where 5) Every person who commits the offence of treating is liable on the voter has marked or recorded his or her vote and conviction to imprisonment for a term not exceeding 2 years. immediately before or after that vote has been marked or recorded, any information as to any candidate for whom, 127 Undue influence or the proposal for or against which, the voter is about to 1) Every person commits the offence of undue influence— vote or has voted; or (a) who, directly or indirectly, on that person’s own or by (c) communicate at any time to any person any information another person, makes use of or threatens to make use of obtained in the building or other place where the voter any force, violence, or restraint against any person— has marked or recorded his or her vote and immediately (i) in order to induce or compel that person to vote or before or after that vote has been marked or recorded, as refrain from voting: to— (ii) on account of that person having voted or refrained (i) any candidate for whom, or the proposal for or against from voting: which, the voter is about to vote or has voted; or (b) who, by abduction, duress, or any fraudulent device or (ii) any number on a voting document marked or means,— transmitted by the voter. (i) impedes or prevents the free exercise of the vote of 3) Every person present at the counting of votes must— any elector: (a) maintain and assist in maintaining the secrecy of the (ii) compels, induces, or prevails upon any elector either voting; and to vote or to refrain from voting. (b) must not, except as is provided by this Act or regulations 2) Every person who commits the offence of undue influence is made under this Act, communicate any information liable on conviction to imprisonment for a term not exceeding obtained at that counting as to any candidate for whom, 2 years. or proposal for or against which, any vote is cast by a particular voter.
39 Candidate Information for the 2019 Elections
4) No person may, directly or indirectly, induce any voter to General Provisions display or provide access to his or her voting document or any copy of that document after it has been marked or 137 Property may be stated as being in electoral officer transmitted, so as to make known to any person the name of In any proceedings for an offence in relation to any voting any candidate for or against whom, or proposal for or against documents or other official documents, files, records, which, the voter has voted. instruments, or devices used officially for an election or poll, the 5) Every person commits an offence who contravenes or fails to property in those documents, files, records, and instruments is to comply with this section. be treated as that of the electoral officer at that election or poll. 6) Every person who commits an offence against subsection (5) is 138 Duty to take action in respect of offences liable on conviction to imprisonment for a term not exceeding 1) Subsection (2) applies if an electoral officer— 6 months. (a) receives a written complaint that an offence has been 130 Disclosing voting or state of election or poll committed under— 1) Every electoral officer, deputy electoral officer, other electoral (i) Part 5; or official, Justice of the Peace, or scrutineer commits an offence (ii) Part 5A; or who— (iii) this Part; or (a) makes known for what candidate or candidates or for (b) believes for any other reason that an offence has been which proposal any particular voter has voted for or committed under either of the Parts specified in paragraph against, except as provided by this Act or regulations made (a). under this Act; or 2) If this subsection applies, the electoral officer must— (b) before the close of voting, makes known the state of the election or poll or gives or pretends to give any (a) report the complaint or belief to the Police; and information by which the state of the election or poll may (b) provide the Police with the details of any inquiries that he be known. or she considers may be relevant. 2) Subsection (1)(b) does not prevent an electoral officer from 3) Subsection (2) does not prevent any person from reporting an disclosing the total number of voting documents so far alleged offence to the Police. returned at an election or poll at any time during the voting 4) Despite subsection (2), an electoral officer is not required to period. report the failure by a candidate to file a return under section 3) A person who commits an offence against subsection (1) is 112A if the candidate files the return promptly after being liable on conviction to a fine— required to do so by the electoral officer. (a) not exceeding $5,000 for an electoral officer or deputy electoral officer: (b) not exceeding $2,000 for any other person. 131 Penalty for electoral officer, deputy electoral officer, and other electoral officials Every electoral officer, deputy electoral officer, or other electoral official commits an offence, and is liable on conviction to a fine not exceeding $2,000, who is guilty of any intentional or reckless act of commission or omission contrary to the provisions of this Act or regulations made under this Act in respect of any election or poll, and for which no other penalty is imposed by this Act or regulations made under this Act.
40 Candidate Information for the 2019 Elections
41 Candidate Information for the 2019 Elections
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