SOUTHLAND DISTRICT COUNCIL DISTRICT SOUTHLAND LOCAL ELECTIONS LOCAL
INFORMATION HANDBOOK INFORMATION 2019 CANDIDATE
Candidate Information Handbook Southland District Council May 2019 Disclaimer: Every effort has been made to ensure that the information contained in this handbook is accurate and consistent with the Local Electoral Act 2001. Southland District Council takes no responsibility for any errors or omissions. It is recommended that candidates obtain a full copy of the Act, which is available online at www.legislation.govt.nz June 2019 Contents
Overview 2 Elections 3 Timetable 5 Electoral principles 6 Electoral legislation 7 Electoral systems 8 Candidate eligibility 9 Nominations 11 Campaigning 17 Electoral donations and expenses 19 Council policy on election signs 29 Electoral rolls 34 Voting and special voting 36 Early processing of returned voting documents 38 Scrutineers 39 Results 40 Term of membership 41 Community board membership 42 Election offences 43 Remuneration 47 Health and safety responsibilities 48 2016 voting document returns 49 2016 election results 51 Maps 52 Role of members 62 Council governance 63 Taxation of elected members 64 Code of conduct 65 Relationship between Māori and local government in Murihiku 66
Letter to appoint scrutineer Return of electoral donations and expenses form Notes
1 Overview
This handbook provides information which may be The triennial elections of elected members to of interest to you as a candidate in the 2019 local Southland District Council are being conducted by government elections. postal vote concluding on Saturday 12 October 2019.
More information specific to Southland District The elections will be conducted under the provisions Council’s current work programme and financial of the Local Electoral Act 2001 and the Local position is included in the council’s pre-election Electoral Regulations 2001. Other legislative report, available at www.southlanddc.govt.nz in July references are found on page 6 of this handbook. 2019.
Key dates for a candidate
Nominations open Friday 19 July 2019
Nominations close Noon, Friday 16 August 2019
Delivery of voting documents From Friday 20 September 2019
Appointment of scrutineers By noon, Friday 11 October 2019
Close of voting Noon, Saturday 12 October 2019 As soon as practicable after close of voting, Progress results available Saturday 12 October 2019 Preliminary results available By noon, Sunday 13 October 2019
Official declaration of results Thursday 17 October 2019
Return of electoral donations & expenses form By Friday 13 December 2019
Contact us
Electoral officer: Deputy electoral officer:
Dale Ofsoske, Independent Election Services Ltd Clare Sullivan, Governance and Democracy Manager Level 2, 198 Federal Street, Auckland 1010 Southland District Council PO Box 5135, Wellesley Street, Auckland 1141 15 Forth Street, Invercargill Phone - 0800 922 822 PO Box 903, Invercargill 9840 Email - [email protected] Phone - 0800 732 732 or 03 211 2502 extn 3254 Website - www.electionservices.co.nz Email - [email protected] Website - www.southlanddc.govt.nz
2 Elections
Elections required Community boards and Resident Members subdivisions Electors Elections will be held for: Ardlussa 6 1,328 • mayor Fiordland 6 2,638 • councillors Northern 6 1,100 • community board members - Parawa-Fairlight 1 163 • Mataura Licensing Trust members - West Dome 2 417 - Mid Dome 3 520 • Southland Regional Council (known as Environment Southland) members Oraka Aparima 6 2,018 Oreti 7 5,786 • Southern District Health Board (Southland Constituency) members - Hokonui 1 687 - Midlands 4 3462 • Gore and Districts Health Incorporated members - Makarewa 2 1637 Stewart Island/Rakiura 6 269 In 2018, Southland District Council undertook a Tuatapere Te Waewae 6 1,064 representation arrangements review (review of wards, Waihopai Toetoe 7 3,996 boundaries, number of elected members, community Wallace Takitimu 6 2,084 boards etc). 56 20,283 The final proposal, as confirmed by the Local Number of electors as at 27 May 2019. Government Commission, retains the existing number of councillors and wards but with a Environment Southland is divided into six minor ward boundary alteration to better reflect constituencies these being: communities of interest. In addition nine community boards covering the whole district were established. Resident Constituency Members Of the nine community boards, two were further Electors subdivided. Eastern-Dome 2 11,574 During this process council wanted to ensure Fiordland 1 2,647 representation equity across the district to enable 1 5,352 democratic local decision making by, and on behalf Hokonui of, the district’s communities. Invercargill-Rakiura 6 39,927 Southern 1 4,320 Accordingly, the Southland District Council is divided into five wards and nine community boards, these Western 1 5,177 being: 12 68,997 Number of electors as at 31 March 2019. Resident Ward Councillors Electors Mararoa Waimea 3 5,066
Oreti 3 5,786 Stewart Island/Rakiura 1 269 Waiau Aparima 3 5,166 Waihopai Toetoe 2 3,996
12 20,283 Number of electors as at 27 May 2019.
3 The Southern District Health Board’s seven members Gore and Districts Health Incorporated is divided into are elected from two constituencies - three members three wards, these being: from the Southland Constituency and four members from the Otago Constituency. Ward Area Members Part Clutha District The Mataura Licensing Trust is divided into seven Clutha 1 Council area wards, these being: Gore Gore District Council area 4 Resident Part Southland District Ward Members Southland 1 Electors Council area Ward 1 - Tapanui 1 0 6
Ward 2 - Gore 3 0
Ward 3 - Mataura 1 0 Ward 4 - Rural 1 162 Ward 5 - Edendale 1 1,332 Ward 6 - Wyndham 1 650 Ward 7 - Tokanui 1 554 9 2,698 Number of electors as at 31 March 2019.
4 Timetable Triennial Election Southland District Council 12 October 2019
Saturday 12 October 2019
Saturday 2 March - Tuesday 30 April 2019 Ratepayer roll enrolment confirmation forms sent [Reg 16, LER]
Saturday 2 March - Saturday 6 July 2019 Preparation of ratepayer roll [Reg 10, LER]
National ratepayer roll qualifications and procedures campaign May 2019 [Sec 39, LEA]
Electoral Commission’s enrolment update campaign Monday 1 July 2019 commences
Public notice of election, calling for nominations, rolls open for Wednesday 17 July 2019 inspection [Sec 42, 52, 53, LEA]
Friday 19 July 2019 Nominations open / roll open for inspection [Sec 42, LEA]
Nominations close (12 noon) / roll closes [Sec 5, 42, 55 LEA, Friday 16 August 2019 Reg 21, LER]
Wednesday 21 August 2019 Public notice of day of election, candidates’ names [Sec 65, LEA]
Electoral officer certifies final electoral roll [Sec 51, LEA, Reg 22, by Monday 16 September 2019 LER]
Friday 20 September - Wednesday 25 September 2019 Delivery of voting documents [Reg 51, LER]
Progressive roll scrutiny [Sec 83, LEA] Friday 20 September - Saturday 12 October 2019 Special voting period [Sec 5 LEA, Reg 35, LER] Early processing period [Sec 80, LEA]
by Friday 11 October 2019 Appointment of scrutineers (12 noon) [Sec 68, LEA]
Election day [Sec 10, LEA] Close of voting (12 noon) [Sec 84, LEA] Saturday 12 October 2019 Progress and preliminary results available as soon as practicable after close of voting [Sec 85, LEA]
Saturday 12 October (pm) - Thursday 17 October 2019 Official count [Sec 84, LEA]
Thursday 17 October - Wednesday 23 October 2019 Declaration of result/public notice of declaration [Sec 86, LEA]
by Friday 13 December 2019 Return of electoral donations & expenses form [Sec 112A, LEA]
LEA = Local Electoral Act 2001 LER = Local Electoral Regulations 2001
5 Electoral principles
Key message c. public confidence in, and public understanding of, local electoral processes through: The electoral principles contained in section 4 of the Local Electoral Act 2001 are outlined below for i. the provision of a regular election cycle; candidate information. These principles must be taken into account in the conduct of any election or ii. the provision of elections that are poll. managed independently from the elected body; Principles iii. protection of the freedom of choice of (1) The principles that this Act is designed to voters and the secrecy of the vote; implement are the following: iv. the provision of transparent electoral a. fair and effective representation for systems and voting methods and the individuals and communities adoption of procedures that produce certainty in electoral outcomes; aa. representative and substantial electoral participation in local elections and polls. v. the provision of impartial mechanisms for resolving disputed elections and polls. b. all qualified persons have a reasonable and equal opportunity to: (2) Local authorities, electoral officers, and other i. cast an informed vote; electoral officials must, in making decisions under this Act or any other enactment, take into ii. nominate 1 or more candidates; account those principles specified in subsection (1) that are applicable (if any), so far as is iii. accept nomination as a candidate. practicable in the circumstances.
(3) This section does not override any other provision in this Act or any other enactment.
6 Electoral legislation
Key message In addition, all district health board elections are subject to the following legislation: All local government elections are required to be conducted strictly following legislation. • New Zealand Public Health and Disability Act 2000; Legislation to be followed • Crown Entities Act 2004. • Local Electoral Act 2001; In addition, all licensing trust elections are subject to • Local Electoral Regulations 2001; the following legislation:
• Local Government Act 2002; • Sale and Supply of Alcohol Act 2012.
• Local Authorities (Members’ Interests) Act Full copies of the above legislation are available 1968. online at www.legislation.govt.nz
7 Electoral systems
Key message Understanding STV
Two electoral systems will be operating side by side For information on understanding how the STV for the 2019 elections, these being: electoral system works, refer to the Department of Internal Affairs website www.stv.govt.nz • First Past the Post (FPP) A comprehensive explanation on the New Zealand • Single Transferable Voting (STV) method of counting STV votes is found in Schedule 1A, Local Electoral Regulations 2001. Organisations using the FPP electoral system are: Briefly, the STV electoral system consists of the • Southland District Council following:
• Environment Southland • voters receive a single (transferable) vote no matter whether there is one vacancy or • Mataura Licensing Trust several; • voters rank the candidates in order of • Gore and Districts Health Incorporated preference. “1” next to the name of the candidate most preferred, “2” next to the Organisations using the STV electoral system are: name of the candidate next preferred and so on; • Southern District Health Board • voters may rank as many or as few candidates Understanding FPP as they want to;
When you vote in an FFP election, you tick the name • when votes are counted, all the first of the candidates(s) you most prefer, up to the preferences are allocated first. To be elected, number of vacancies. a candidate must reach a “quota” of votes, which is based on the number of vacancies When the votes are counted, the candidates(s) with and the number of valid votes; the most votes is/are elected. • a candidate who reaches the quota is elected. For example, if there is one vacancy, you can vote for If there is more than one vacancy and a one candidate. If there are three vacancies, you can candidate gets more votes than the quota, a vote for up to three candidates. proportion of each vote for that candidate is transferred to the voter’s second preference. If, as a result, another candidate gets more votes than the quota, a proportion is transferred to third preferences, and so on;
• if insufficient candidates reach the quota
after the first preferences are allocated
and after any surplus votes are transferred,
then the candidate who received the fewest
votes is eliminated and each vote for that
candidate is transferred to the voter’s second
preference. This process is repeated until
enough candidates reach the quota to fill all the vacancies.
8 Candidate eligibility
Key message An employee will need to alert their manager of the intention to stand for office prior to any A candidate for the Southland District Council must nomination being lodged. be: [Section 41(5) Local Government Act 2002]. Local Authorities (Members’ Interests) Act • a New Zealand citizen; and • a parliamentary elector (anywhere in New Candidates should be aware of the requirements of Zealand); [Section 25, Local Electoral Act 2001] the Local Authorities (Members’ Interests) Act 1968. • nominated by two electors whose names appear on the electoral roll for the district or The Act regulates situations where a member’s subdivision of the district. personal interests impinge, or could be seen as impinging, on their duties as an elected member. Candidate restrictions The Act provides that a member is disqualified from Restrictions on a candidate for the Southland District office if that member is concerned or interested in Council are: contracts under which payments may be made by or on behalf of the local authority exceeding $25,000 in any financial year. • a candidate may seek nomination for mayor, council and community board but if elected to Additionally, members are prohibited from more than one position, the highest position participating in any council discussion or voting is taken and the other positions are deemed on any matter in which they have a pecuniary vacant and filled by the next highest polling interest, other than an interest in common with the candidate. general public. The same rules also apply where the • a candidate may seek nomination for one member’s spouse contracts with the authority or has ward only (not multiple wards). a pecuniary interest. • a candidate seeking nomination to a A member may also contact the office of the auditor community board where the community general for guidance as to whether they have a board is subdivided for electoral purposes, can pecuniary interest and, if so, may seek an exemption. only be nominated to one subdivision of that This must be done before participating on voting on community board. the issue. • a candidate for mayor, council or community board (or candidate’s spouse) cannot be a Failure to observe these requirements could also person concerned or interested in contracts leave the member open to prosecution under the Act. over $25,000 with the Southland District In the event of a conviction, elected members can be Council [Section 3(1) Local Authorities (Members’ ousted from office. Interests) Act 1968]. This restriction may be waived, and it is recommended that advice For further information on this Act, please refer to the from the Office of the Auditor-General is section on conflict of interests in the code of conduct. sought. Furthermore, the office of the auditor general’s • an employee of the Southland District Council publication ‘Conflicts of Interest - A guide to the who is elected as mayor or councillor must Local Authorities (Members’ Interests) Act 1968 and resign from their position as an employee of non-pecuniary conflicts of interest (August 2004) is Southland District Council before taking up useful. their position. This restriction does not apply if an employee is elected to a community board.
9 District health board Section 30 (2) (a) to (f) of the Crown Entities Act 2004 states: A candidate for a district health board must be: (2) The following persons are disqualified from being members:
• a New Zealand citizen; and a. a person who is an undischarged bankrupt;
b. a person who is prohibited from being a director or • a parliamentary elector (anywhere in New promoter of, or being concerned or taking part in the Zealand); and management of an incorporated or unincorporated body under the Companies Act 1993, or the Securities Act 1978, or the Securities Markets Act 1988, or the • not disqualified by clause 17, Schedule 2, New Takeovers Act 1993; Zealand Public Health and Disability Act 2000 (see below). c. a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988; Restrictions on a candidate for a district d. a person in respect of whom a personal order has been health board made under that Act that reflects adversely on the person’s;
A person cannot be a candidate for more than one i. competence to manage their own affairs in relation to district health board. (If a person is nominated for their property; or more than one district health board, all nominations ii. capacity to make or to communicate decisions relating are void). to any particular aspect or aspects of their personal care and welfare;
Clause 17, Schedule 2, New Zealand Public Health e. a person who has been convicted of an offence and Disability Act 2000 states: punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for “Certain persons disqualified from membership any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the (1) None of the following persons may be elected or appointed penalty imposed on the person; as a member of a board, or appointed as a member of a board committee, of a District Health Board: f. member of Parliament. a. a person described in section 30(2)(a) to (f) of the Crown Licensing trust Entities Act 2004;
b. a person who has, since the date on which members of A candidate for a licensing trust must be: boards elected at the immediately preceding triennial general election came into office, been removed as a • a New Zealand citizen: and member of a board for any reason specified in clause 9(c) or (e) of Schedule 3; • a parliamentary elector: and c. a person who has failed to declare a material conflict of interest before accepting nomination as candidate for an • a residential elector in the licensing trust area election of a District Health Board held in conjunction or ward [Section 322, Sale and Supply of Alcohol Act 2012]. with the immediately preceding triennial general election.” Restrictions on a candidate for a licensing (2) In addition to the grounds specified in subclause (1), a person trust may not be elected as a member of a board if that person is incapable of being elected as a member of a local authority because of section 25 of the Local Electoral Act 2001. A candidate for a licensing trust cannot have (directly or by virtue of their relationship with another person) (3) However, subclause (1)(a) does not disqualify a person such an involvement or appearance of involvement described in section 30(2)(f) of that Act who is elected (rather than appointed) to office as a member under any other Act. with the alcohol industry that they could not perform the duties of a member of a licensing trust without actual bias or the appearance of bias.
[Section 322, Sale and Supply of Alcohol Act 2012].
10 Nominations
Key message • Gore District Council, 29 Bowler Avenue, Gore; Nominations open on Friday 19 July 2019 and close at • by telephoning 0800 922 822; 12 noon, Friday 16 August 2019. • by accessing www.es.govt.nz Availability of nomination papers Southern District Health Board: A public notice calling for nominations will appear in Southland Times on Wednesday 17 July 2019. • Southland District Council, 15 Forth Street, Invercargill; Each nomination must be made on the appropriate official nomination paper. A separate nomination • Southern DHB Office, Wakari Hospital, paper is required for each position and these are 369 Taieri Road, Dunedin; available from 19 July 2019 from: • by telephoning 0800 666 048;
Southland District Counci: • by accessing www.southerndhb.govt.nz • by emailing [email protected] • Council’s Principal Offices, 15 Forth Street, Invercargill; Mataura Licensing Trust: • Lumsden Area Office, 18 Diana Street, Lumsden; • Matarua Licensing Trust, First Floor, 25 Trafford Street, Gore; • Otautau Area Office, 176 Main Street, Otautau; • by telephoning 0800 300 039 or 03 209 0330; • Riverton Area Office, 117 Palmerston Street, Riverton; • by emailing [email protected] • Stewart Island Area Office, Gore and Districts Health Incorporated: 9 Ayr Street, Stewart Island; • Te Anau Area Office, • Gore Hospital, 116 Town Centre, Te Anau; 9 Birch Lane, Gore; • Te Anau Library, • by telephoning 0800 300 039 24 Milford Crescent, Te Anau; or 03 209 0330; • Winton Area Office, • by accessing www.goredc.govt.nz (for location refer www.southlanddc.govt.nz); • by emailing [email protected] • Wyndham Area Office, 41 Balaclava Street, Wyndham; Candidate profile statement • by telephoning 0800 922 822; Every candidate may provide the electoral officer • by accessing www.southlanddc.govt.nz with a candidate profile statement with their Environment Southland: nomination. This statement must not exceed 150 words and can contain information about the • Southland District Council, candidate, their qualifications and skills applicable 15 Forth Street, Invercargill; to the position for which they are standing and their policies/intentions if elected to office. • Invercargill City Council, 101 Esk Street, Invercargill;
11 The candidate profile statement must be true and The image file to be supplied must meet the accurate and the electoral officer is not required to following criteria: verify or investigate any information included in this statement. • PNG format; • black and white; The profile may include a recent passport-sized • 600 dpi; colour photograph. • maximum file size 400kB; • the image being 1300 pixels high and 2000 The candidate profile statement and colour photo pixels wide. are required to be submitted in hardcopy, not electronically (except where information in another Candidates are also required to submit with language is provided). their candidate profile statement the following information: Candidate profile statements will be printed in plain text, without formatting ie: i. whether or not the candidate’s principal place of residence (where the candidate is registered • no bullet points; as a parliamentary elector) is/is not in the area • no bold or underlining; (e.g. ward) the candidate is seeking election • no italics; for [Section 61(2)(ca) Local Electoral Act 2001]; and • no quote marks. ii. each position the candidate is seeking election These will be included with the voting document sent for (e.g. council and district health board) to each elector by the electoral officer, as well as [Section 61(2)(cb) Local Electoral Act 2001]. being placed on the council’s website. Section 61 of the Local Electoral Act 2001 states the Note that any spelling or grammatical errors will not following: be corrected, and candidates are therefore reminded to check their candidate profile statement prior to (1) Every candidate may, provide to the electoral officer a submitting their nomination. candidate profile statement that complies with subsection (2) and, if applicable, subsection (3).
The candidate profile statement may be in English (2) A candidate profile statement - or Māori or both (maximum 150 words in either language) or in any other language (not exceeding a. if - 150 words in total). Should all or part of a candidate i. in English or Māori or both, must not exceed 150 profile statement be provided in a language other words in each of the languages used in the statement; than English or Māori, it is required that this be ii. in a language other than English or Māori, must not provided in an electronic graphic file. exceed 150 words, or the equivalent, if the language uses symbols rather than words (including any If submitting an electronic graphic file containing translation of those words into another language other languages, all translations must be supplied provided by the candidate); and as a single image. If there is more than one language b. must be provided to the electoral officer together with translated, then these are to be all supplied together the nomination paper and other things referred to in in a single image. section 55(2)(f); and c. must be confined to information concerning the candidate (including any group or organisation with which the candidate claims under section 55(4) to be affiliated, or their status as an independent candidate, and the candidate’s contact details), and the candidate’s policies and intentions if elected to office; and
12 ca. must state whether or not the candidate’s principal b. may include, in or with any candidate profile statement place of residence, being the address in respect of which that is published, displayed, or distributed, any disclaimer the candidate is registered as a parliamentary elector, concerning the accuracy of the information contained is in the local government area for which the candidate in the statement that the electoral officer considers seeks election (for example, either “My principal place of appropriate; residence is in the Lambton Ward” or “My principal place of residence is not in the Lambton Ward”); and c. is not liable in respect of -
cb. if the candidate is seeking election to any other positions i. any statement contained in or omitted from the in elections to which this Act applies (under section 7), candidate profile statement or the work of a translator must specify each position and state that the candidate prudently selected by the electoral officer; or is seeking to be elected to the positions; and ii. the exercise of the powers and functions conferred on d. must comply with any prescribed requirements; and the electoral officer by this section.
e. may include a recent photograph of the candidate alone. District health board conflict of interest (2A) The information required by subsection (2)(ca) and (cb) does statements not count for the purposes of the word limit under subsection (2)(a). All district health board nominations must be (3) If a candidate profile statement is submitted in Māori and accompanied by a statement completed by the English, the information contained in each language must be candidate that discloses any conflicts of interest that substantially consistent with the information contained in the the candidate has with the district health board at other language. the time of nomination or any conflicts of interest (4) If the electoral officer is not satisfied that a candidate profile the candidate believes are likely to arise in the statement complies with subsection (2) or, if applicable, future or otherwise states that the candidate has no subsection (3), the electoral officer must, as soon as such conflicts presently (or any likely to arise in the practicable, return the statement to the candidate and future). must— The conflict of interest statement is required to be a. specify the concerns of the electoral officer and the reasons for those concerns; and included with the voting document sent to each elector by the electoral officer. b. unless the candidate profile statement does not comply with subsection (2)(b), specify a period, which must not be less than 3 days from the date of return of the Clause 6, Schedule 2 of the New Zealand Public statement, during which the candidate may submit an Health and Disability Act 2000 states the following: amended candidate profile statement to the electoral officer. Candidate to declare conflicts of interest
(5) A candidate is to be treated as having failed to provide a When a candidate gives the responsible electoral officer notice candidate profile statement, if subsection (4)(b) applies to the of the candidate’s consent to being nominated as a candidate, candidate and the candidate— the candidate must also give the electoral officer a statement completed by the candidate in good faith that – a. fails to submit an amended candidate profile statement within the period specified in subsection (4)(b); or a. discloses any conflicts of interest that the candidate has with the District Health Board as at the date of b. submits an amended candidate profile statement that, in the candidate’s notice of consent, or states that the the opinion of the electoral officer, does not comply with candidate has no such conflicts of interest as at that subsection (2) or, if applicable, subsection (3). date; and
(6) An electoral officer - b. discloses any such conflicts of interest that the candidate believes are likely to arise in future, or states that the a. is not required to verify or investigate any information candidate does not believe that any such conflicts of included in a candidate profile statement; interest are likely to arise in the future.
13 Completion of nomination paper Affiliations that will not be accepted are ones:
Each nomination paper must have the consent of the • that might cause offence or; candidate and be nominated by two electors whose names appear on the electoral roll for the district or • are likely to confuse or mislead electors or; subdivision of the district (e.g. if a person wishes to • are election slogans rather than the name of stand for election to a specific ward, then that person an organisation or group. must be nominated by two electors from the specific ward). Should an affiliation be rejected for any of the above reasons, section 57(3) of the Local Electoral If a candidate is unable to sign the nomination paper Act 2001 sets out a process for the electoral officer (e.g. absent overseas), a letter of consent signed and candidate to follow. Should agreement not by the candidate is acceptable to attach to the be reached, no affiliation will appear on voting nomination paper. documents.
If a candidate is commonly known in the community Affiliations are not able to be ‘pre-registered’ with the by a slightly different name (e.g. Edward Smith is electoral officer, before a nomination is lodged. commonly known as Ted Smith) and has been known by this name for at least the last six months (to the Return of nomination paper satisfaction of the electoral officer), the commonly known name may appear on the voting document. Completed Southland District Council nomination papers can be lodged at: Once lodged, a nomination paper is available for public inspection at the electoral office. Candidate • Council’s Principal Office, details not identified as confidential (e.g. mobile 15 Forth Street, Invercargill; phone number) are made available to the media, • Lumsden Area Office, placed on websites etc. 18 Diana Street, Lumsden; Affiliation • Otautau Area Office, 176 Main Street, Otautau; The nomination paper provides for a candidate • Riverton Area Office, to have an affiliation. An affiliation is described in 117 Palmerston Street, Riverton; section 57(3) of the Local Electoral Act 2001 as ‘an endorsement by any organisation or group (whether • Stewart Island Area Office, incorporated or unincorporated).’ 9 Ayr Street, Stewart Island; • Te Anau Area Office, Individual candidates, not part of an organisation 116 Town Centre, Te Anau; or group, may wish to nominate their affiliation as ‘Independent’ or leave as blank (if left blank, • Te Anau Library, nothing will show alongside the name on the voting 24 Milford Crescent, Te Anau; document). • Winton Area Office, (for location refer www.southlanddc.govt.nz); A candidate claiming a specific affiliation must supply • Wyndham Area Office, with their nomination paper an authority to adopt 41 Balaclava Street, Wyndham; the affiliation for the organisation or group concerned (i.e. letter of consent to use the affiliation from the organisation or group). This is a safety measure to avoid any illegal adoption of affiliations.
14 or posted to: All nomination material:
The Electoral Officer • nomination paper; Southland District Council • candidate profile statement [if provided]; C/- Independent Election Services Ltd PO Box 5135 • photograph [if provided] Wellesley Street • nomination deposit [or proof of payment if Auckland 1141 bank/transfer made];
Completed Environment Southland nominations can • evidence of NZ citizenship; be lodged at: • letter endorsing affiliation [if applicable];
• Southland District Council’s Principal Office, is required to be lodged together. 15 Forth Street, Invercargill; [Section 55(2)(f) Local Electoral Act 2001]. or posted to: A receipt will be issued to acknowledge that a nomination has been received. This receipt does The Electoral Officer not constitute an acknowledgment that the Environment Southland nomination paper is in order. C/- Independent Election Services Ltd PO Box 5135 Once lodged, nomination papers are checked Wellesley Street to ensure the candidate’s name appears on a Auckland 1141 Parliamentary Roll and the nominators are two electors whose names appear on the electoral roll for Completed Southern District Health Board the district or subdivision of the district (e.g. ward). nominations can be lodged at: Each nomination paper lodged requires a deposit • Dunedin City Council of $200 (inclusive of GST). This is refunded if the 50 The Octagon candidate polls greater than 25% of the lowest Dunedin successful candidate (for FPP elections) or greater than 25% of the final quota as determined at the last or emailed to: iteration (for STV elections).
• [email protected] Payment of the nomination deposit can be made by electronic bank transfer, eftpos or cash. Evidence • [email protected] of an electronic bank transfer will be required to Completed Mataura Licensing Trust and Gore and accompany the nomination. Districts Health Incorporated nominations can be lodged at: Electronic bank payment details for Southland District Council nominations are: • Gore District Council, 29 Bowler Avenue, Gore; Account name: Independent Election Services Ltd Bank: ANZ or emailed to: Account number: 01 0102 0437238 01 Particulars: your initials and surname • [email protected] Code: SDC Reference: Nomination in time to be received no later than noon, Friday
16 August 2019.
15 The lodgement of nomination papers should not be Cancellation of nomination left to the last minute. Should a nomination paper be lodged late on the morning nominations close, and A candidate is able to withdraw their nomination be incorrectly completed or ineligible nominators are up until the close of nominations (noon, Friday 16 provided, there may be insufficient time to correct August 2019). After the close of nominations, a the situation and the nomination paper could be candidate is not able to withdraw their nomination. invalidated. [Section 69, Local Electoral Act 2001].
Please do not leave lodging your nomination to However, should a candidate become incapacitated the last minute. after the close of nominations but before the close of voting, application may be made for the cancellation Nominations can be returned by mail, but should of the nomination of a candidate. these be received by the electoral officer or electoral official after the close of nominations, the ‘Incapacitated’ means that a candidate, because they nomination is invalid. are suffering from a serious illness or have sustained a serious injury, would be unlikely to be capable of performing the functions and duties of office if elected to office. [Section 69(7) Local Electoral Act 2001]. An application for the cancellation of the nomination of a candidate must be made to the electoral officer by submitting a prescribed form (available from the electoral office) together with a medical certificate.
16 Campaigning
Key message Use of council resources Election campaigning can commence anytime and may continue up to and including election day. Candidates are not permitted to use council However there are certain constraints candidates resources for campaigning purposes. Council need to be aware of. resources include, but are not limited to, the council’s logo, crest or branding, website, Facebook page, Election signs are permitted on private land only, six Twitter account, any other forms of social media, weeks before election day (from Saturday 31 August tablets, computers, ipads, email, mobile phones, 2019) and must be removed by midnight, Friday 11 faxes, stationery, photocopiers, printers, stamps, cars, October 2019. meeting rooms and venues (except those available for public hire). This applies to either sitting members, All signs must be erected in a stable fashion, not council staff or other candidates in any context that being a hazard to public or traffic safety. Council could reasonably be construed as campaigning for policy on election signs is detailed on page 29 of this elections. handbook. Social media Campaigning Social media can be a useful tool for candidates for Election material cannot contain: campaigning purposes and electioneering. Candidates should however be aware of any council social media • any untrue statement defamatory of any guidelines for candidates and should comply with candidate (e.g. under the Defamation Act these at all times. 1992); Council’s social media channels are council resources • an imitation voting document which has the and must remain politically neutral at all times. names of the candidates with any direction or Council will promote elections and the importance indication as to the candidate a person should of voting but will not associate these posts with any vote for, or in any way contains such direction candidates. or indication likely to influence the voter. Council social media accounts will not follow any Voting documents should not be collected from candidates. This may result in your account being electors by candidates or their assistants. Each unfollowed. elector should post or deliver their own voting document to the electoral officer. This also applies to Council’s social media accounts are not permitted rest homes and hospitals - voting documents should to be used as a communications channel by anyone not be collected from elderly or infirm electors by (candidates or members of the public) for promotion, candidates or their assistants. electioneering or campaigning. This also applies to all social media accounts owned by council-controlled organisations.
Candidates should not post on council’s social media channels, nor should they comment on, share or otherwise use council social media channels for electioneering.
You may not rate, review, check-in or tag the council’s social media channels in your own posts or comments.
17 Council’s social media accounts are constantly This includes election advertising on signs, in monitored, and any campaign related or newspapers, on flyers and posters, on a vehicle and electioneering content, (including posts related on election websites. to nominations and candidacy), will be removed immediately. Relevant criteria as contained in the Local Electoral Act 2001 are: Candidates should be aware that election advertising, using any media, including on social media, must 113 Advertisements for candidates identify the true name of the person under whose (1) No person may publish or cause to be published in any authority they have been produced and the physical newspaper, periodical, notice, poster, pamphlet, handbill, address (not a PO Box) of the person under whose billboard, or card, or broadcast or permit to be broadcast over any radio or television station, any advertisement that is used authority they have been produced [Section 113, Local or appears to be used to promote or procure the election of a Electoral Act 2001]. This may be details of the candidate or candidate at an election, unless subsection (2) or subsection their agent, and may be included on a profile picture, (4) applies. or within the bio section of a page. (2) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if - For example: ‘All content/images contained on this a. the publication of that advertisement is authorised in social media page/advertisement are authorised by writing by the candidate or the candidate’s agent or, in [name], [physical address]’. the case of an advertisement relating to more than 1 candidate, the candidates or an agent acting for all of those candidates; and Offences b. the advertisement contains a statement setting out the true name of the person or persons for whom or at whose direction it is published and the address of their Candidates should be aware that it is an offence place of residence or business. (carrying a fine of up to $5,000, if convicted) to interfere in any way with an elector with the (3) A candidate is not responsible for an act committed by an intention of influencing or advising that elector as to agent without the consent or connivance of the candidate. how they should vote. Candidates and their assistants (4) A person may publish or cause to be published an should be mindful of this particularly if campaigning advertisement of the kind described in subsection (1) if - occurs in rest homes or hospitals. a. the publication of the advertisement is endorsed by an organisation or body representing residents or ratepayers Election offences are detailed for your information in the community or district in which the advertisement on page 43 of this handbook. Please refer to them for is published; and your own protection. b. the advertisement contains a statement setting out - Election advertising i. the true name of the person or persons for whom or at whose direction it is published and the address of their residence or place of business; and Election advertising, using any media, must show ii. the true name of the organisation or body that has an authorisation statement. This statement must endorsed the publication of the advertisement and the include: address of the place of business of that organisation or body.
• the true name of the person under whose (5) This section does not restrict the publication of any news or authority they have been produced; and 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 • the physical address (not a PO Box) of the radio or television broadcast made by a broadcaster within person whose authority they have been the meaning of section 2 of the Broadcasting Act 1989. produced. [Section 113, Local Electoral Act]. (6) A person who willfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.
18 Electoral donations and expenses
Key message public (electronically or otherwise). These electoral expenses are generally funded by the candidate Candidates need to be aware to keep a record of all and are not reimbursable from the organisation the donations received and expenses incurred in their candidate is standing for. election campaign. Election expenditure limits will apply, these depending on the population size of the If a candidate is standing for more than one position area of the election the candidate is standing for. (e.g. mayor and council) then the higher limit applies (not both combined). Every candidate must, by law, complete an Electoral Donations and Expenses Return declaring The population distribution for the Southland District all donations and expenses and forwarded to the Council (based on 2013 census statistics) is: electoral office by Friday 13 December 2019.
Note: a return must be completed even by candidates Ward Population Limit with nil donations and expenses. Mararoa Waimea 7,215 $7,000 Electoral expenses Oreti 8,166 $7,000
Candidates should be aware that candidate campaign Stewart Island/Rakiura 384 $3,500 expenditure limits are applicable. This means a limit Waiau Aparima 7,767 $7,000 has been placed on how much a candidate may spend on their campaign, and this includes donations Waihopai Toetoe 6,105 $7,000 and joint campaigning. The maximum amount spent 29,637 must not exceed the limits set out below where the source: Statistics New Zealand election covers a population range as detailed: Community board and Population Limit Local government area subdivisions Expenditure limit population Ardlussa 2,019 $3,500 up to 4,999 $3,500 Fiordland 3,402 $3,500 Northern 1,794 5,000-9,999 $7,000 - Parawa-Fairlight 216 $3,500 10,000-19,999 $14,000 - West Dome 723 $3,500 20,000-39,999 $20,000 - Mid Dome 855 $3,500 40,000-59,999 $30,000 Oraka Aparima 2,688 $3,500 60,000-79,999 $40,000 Oreti 8,166 80,000-99,999 $50,000 - Hokonui 1,071 $3,500 100,000-149,999 $55,000 - Midlands 4,917 $3,500 150,000-249,999 $60,000 - Makarewa 2,178 $3,500 250,000 -1,000,000 $70,000 Stewart Island/Rakiura 384 $3,500 1,000,000 or more $100,000* * Plus 50 cents for each elector Tuatapere Te Waewae 1,650 $3,500 [NOTE: Expenditure limits are inclusive of GST]. Waihopai Toetoe 6,105 $7,000 Wallace Takitimu 3,429 $3,500 Electoral expenses are defined as relating to 29,637 electoral activity which can comprise advertising, source: Statistics New Zealand broadcasting or communicating material to the
19 The expenditure limit for the mayor is $20,000 • where a candidate is provided with (including GST), based on a 29,637 population (as at discounted goods or services and the 2013 census). reasonable market value of the goods or services is greater than $300, the The period for which campaign expenditure limits difference between the contract or agreed apply is three months before election day (i.e. 12 price and the reasonable market value of July 2019 to 12 October 2019). However legislation those goods and services is a donation; further specifies that all expenses incurred before the three month period for campaign expenditure and • where a candidate sells over-valued goods used during the three month period, must be fairly or services the difference between the apportioned and included in the Return of Electoral price paid and the reasonable market value Donations and Expenses. is a donation, for example a fundraising auction or dinner. Where an electoral expense relates to more than one candidate, an equitable apportionment between The following are not deemed a donation: candidates is required. • volunteer labour; Nomination deposits, voluntary labour and election sign framework are not electoral expenses and • goods or services provided free of charge therefore should not be included in the Return of to a candidate, or to any person on the Electoral Donations and Expenses. candidate’s behalf that have a reasonable market value of $300 or less; or Electoral donations • money provided by the candidate for their a. Candidate donations own campaign.
A candidate donation is a donation of money, If a person or organisation gives or pays for goods or services that is made for use in the goods or services that would otherwise be candidate’s campaign. candidate election expenses, the reasonable market value of those items, whatever their Candidate donations, and contributions to value, should be recorded as an election donations, of more than $1,500 (inc GST) expense. If the reasonable market value of the are required to be declared in the candidate items exceeds $300 it should also be recorded return of donations and expenses. A series of as a donation. donations made by one person that adds up to more than $1,500 must also be declared. b. Donations made up of contributions
A candidate donation includes: Donations to candidates can be made up of pooled funds contributed by more than one • where a candidate is provided with goods person (referred to as donations funded from or services free of charge that have a contributions). These types of donations reasonable market value greater than include, for example, campaign donations $300; made through a trust, or where there is a fundraising collection for a candidate’s campaign.
20 The total proceeds of a collection are treated When transmitting a donation, the as a donation. The person who collects the transmitter must tell the candidate: money will normally be the donor. The individuals who contribute to the collection • that the donation is being transmitted on are contributors. behalf of a donor;
If a candidate donation, other than an • the name and address of the donor; anonymous donation, is made up of contributions, the transmitter or donor must • whether the donation is made up of tell the candidate: contributions;
• the name and address of the donor; • the total amount of contributions of $1,500 or less; and • whether the donation is made up of contributions; • in the case of contributions greater than $1,500, the name, address, and • the total amount of individual contribution of each contributor. contributions of $1,500 or less; and Where a transmitter does not disclose the • in the case of individual contributions name and address of the donor, the donation greater than $1,500, the name, address, must be treated as an anonymous donation. and contribution of each contributor. d. Anonymous donations If the candidate knows, or has reasonable grounds to believe, that the donor has failed Candidates are not permitted to retain to supply information about contributions, anonymous donations exceeding $1,500. An the whole donation must be returned to the anonymous donation is a donation made in donor. such a way that the candidate who receives the donation does not know the identity of c. Transmitted donations the donor and could not, in the circumstances, reasonably be expected to know the identity A donation can be made either directly by of the donor. the donor to the candidate or indirectly by a transmitter who transmits a donation to If a candidate receives an anonymous the candidate on someone else’s behalf, for donation greater than $1,500, they may retain example via a lawyer’s trust fund. Any person $1,500 of that donation. The balance of the who receives a candidate donation on the donation must, within 20 working days of candidate’s behalf must transmit it to the receipt, be paid to the electoral officer for candidate within 10 working days. payment into the general fund of the local authority.
21 Return of Electoral Donations and The details of every anonymous donation exceeding Expenses $1,500 are —
A Return of Electoral Donations and Expenses form • the date the donation was received; and (a copy of this is located at the rear of this handbook) is required to be supplied to the electoral officer • the amount of the donation; and within 55 days after the official declaration (by 13 December 2019). This can be supplied to the electoral • the amount paid to the electoral officer and officer within 76 days after the official declaration if a the date the payment was made. candidate is overseas when successful candidates are declared elected. With respect to electoral expenses, the return must set out separately the name and description of every The Return of Electoral Donations and Expenses must person or body of persons to whom or which any set out — sum was paid, and the reason for which it was paid. Sums paid in excess of $200 (GST inclusive) must be • the details of every electoral donation vouched by an invoice or a bill and a receipt. received by the candidate that, either on its own or when aggregated with all other Candidates are advised to retain all invoices and donations made by or on behalf of the same receipts relating to electoral expenses should these donor for use in the same campaign, exceeds be required in the event of a challenge. They should $1,500 in sum or value; and not be submitted with the return.
• the details in respect of every anonymous Once the Return of Electoral Donations and Expenses electoral donation received by the candidate forms have been received by the electoral officer they that exceeds $1,500; and become public documents and are to be kept for a public inspection period of seven years. During this • details of the candidate’s electoral expenses. period, the returns:
The details of every electoral donation are - • are placed on council’s website;
• the name of the donor; and • can be inspected by any person;
• the address of the donor; and • copies can be made available if requested.
• the amount of the donation or in the case of This is a requirement under section 112F of the Local aggregated donations, the total amount of Electoral Act 2001. the donations; and
• the date the donation was received or, in the case of aggregated donations, the date that each donation was received.
22 Relevant legislation electoral donation or donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to a Relevant definitions as contained in the Local candidate, or to any person on the candidate’s behalf, for use Electoral Act 2001 are: in the candidate’s campaign for election and—
Subpart 1—Electoral donations a. includes,—
103A Interpretation: i. where goods or services are provided to a candidate, or to any person on the candidate’s behalf, under In this subpart and subpart 3, unless the context otherwise a contract or an arrangement at a value that is less requires,— than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference anonymous, in relation to an electoral donation, means a donation between the former value and the reasonable market that is made in such a way that the candidate who receives the value of those goods or services; and donation— ii. where goods or services are provided by a candidate a. does not know the identity of the donor; and under a contract or an arrangement at a value that is more than their reasonable market value, the b. could not, in the circumstances, reasonably be expected amount of the difference between that value and the to know the identity of the donor reasonable market value of those goods or services; and contribution means any thing (being money or the equivalent of money or goods or services or a combination of those b. excludes— things) that makes up a donation or is included in a donation or has been used to wholly or partly fund a donation, and i. where goods or services are provided by a candidate that— under a contract or an arrangement at a value that is more than their reasonable market value, the a. does not know the identity of the donor; and amount of the difference between that value and the reasonable market value of those goods or services; i. to the donor; or and
ii. to a person who was required or expected to pass on ii. where goods or services are provided to a candidate, all or any of its amount or value to the donor, whether or to any person on the candidate’s behalf, under directly or indirectly (for example, through one or a contract or an arrangement at a value that is less more intermediaries, trustees, or nominees); and than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference b. would have been a donation if it had been given directly between the former value and the reasonable market to the candidate; and value of those goods or services; and
c. was given in the knowledge or expectation (whether by receive, in relation to a donation, means to get a donation reference to a trust, an agreement, or an understanding) that has been given or sent by— that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation c. the donor directly; or
contributor means a person who makes a contribution and d. the donor indirectly, via a transmitter who immediately before making the contribution— transmitter means a person to whom a donor gives or sends a. beneficially holds any money, or the equivalent of a donation for transmittal to a candidate. money, or any goods that make up the contribution or are included in the contribution; or 103B Donations and contributions include GST
b. provides any services that make up the contribution or All references to the amount or value of a donation or contribution are included in the contribution or pays for those services are inclusive of any goods and services tax incurred by the donor out of money that the person beneficially holds or contributor in respect of the goods or services donated or contributed. donation funded from contributions means a donation that is made up of, includes, or is wholly or partly funded from one 103C Donations to be transmitted to candidate or more contributions Every person, other than a candidate, to whom an electoral donor means a person who makes an electoral donation donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate.
23 103D Contributors to be identified c. whether section 103D applies to the donation and, if so, all information disclosed by the donor under subsection Every person, other than a candidate, to whom an electoral (2) of that section. donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate. (2) Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1), then the (1) This section applies to a donation (other than an anonymous donation must be treated as an anonymous donation. donation) that is made up of, includes, or is wholly or partly funded from one or more contributions. If any person involved in the administration of the affairs of a candidate in relation to their election campaign knows the (2) If this section applies to a donation, the donor must, at the identity of the donor of an anonymous donation exceeding time of making the donation, disclose— $1,500, the person must disclose the identity of the donor to the candidate. a. the fact that the donation is funded from contributions; and 103G Offence relating to contravention of section 103F
b. the following information about any contribution A transmitter who fails to comply with section 103F(1) with the that, either on its own or when aggregated with other intention of concealing the identity of the donor or any or all of the contributions made by the same contributor to the contributors commits an offence and is liable on conviction to a donation, exceeds $1,500 in sum or value: fine not exceeding $5,000.
i. the name of the contributor; and 103H Disclosure of identity of donor
ii. the address of the contributor; and If any person involved in the administration of the affairs of a candidate in relation to their election campaign knows the identity iii. the amount of the contribution or, in the case of of the donor of an anonymous donation exceeding $1,500, the aggregated contributions, the total amount person must disclose the identity of the donor to the candidate. of the aggregated contributions; and 103I Offence relating to contravention of section 103H c. the total of all of the amounts disclosed under paragraph (b)(iii) in relation to the donation; and A person who fails to comply with section 103H with the intention of concealing the identity of the donor commits an offence and is d. the total of all of the other contributions made in liable on conviction to a fine not exceeding $5,000. relation to the donation. 103J Anonymous donation (3) A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or (1) If an anonymous donation exceeding $1,500 is received by a has reasonable grounds to believe, that the donor has failed candidate in relation to an election campaign, the candidate to comply with subsection (2) in any respect. must, within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the (4) For the purpose of section 112A, any amount given back by election to which that campaign relates the amount of the a candidate under subsection (3) is taken not to have been donation, or its value, less $1,500. received by the candidate. (2) If an anonymous donation exceeding $1,500 is received by 103E Offence relating to contravention of section 103D a candidate who is seeking election to more than one office, the candidate must— A donor who fails to comply with section 103D with the intention of concealing the identity of any or all of the contributors commits a. designate one election campaign for election to one an offence and is liable on conviction to a fine not exceeding office for which the donation will be used; and $5,000. b. within 20 working days of receiving the donation, pay to 103F Identity of donor to be disclosed by transmitter, if known the electoral officer responsible for the conduct of the election to which that campaign relates the amount of (1) When a transmitter transmits a donation to a candidate on the donation, or its value, less $1,500. behalf of the donor, the transmitter must disclose to the candidate— (3) An electoral officer who receives an amount under subsection (1) or (2) must, within 20 working days of receiving that a. he fact that the donation is transmitted on behalf of the amount,— donor; and a. issue a receipt to the candidate; and b. the name and address of the donor; and b. pay the amount into the general fund of the local authority that appointed the electoral officer.
24 103K Offence relating to contravention of section 103J e. that takes place within the applicable period before the close of polling day. (1) A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of electoral expenses, in relation to a candidate at an election— circumventing section 103J(1) or (2) commits an offence and is liable on conviction to a fine not exceeding $5,000. a. means expenses that are incurred by or on behalf of the candidate in respect of any electoral activity; and (2) A candidate who contravenes section 103J(1) or (2) commits an offence and is liable on conviction to a fine not exceeding b. includes expenses that are incurred by or on behalf of $5,000. the candidate, before or after the applicable period before the close of polling day, in respect of any electoral 103L Records of electoral donations activity; and
(1) A candidate must keep proper records of all donations c. includes the reasonable market value of any materials received by him or her. applied in respect of any electoral activity that are given to the candidate or that are provided to the candidate (2) A candidate who fails, without reasonable excuse, to comply free of charge or below reasonable market value; and with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. d. includes the cost of any printing or postage in respect of any electoral activity, whether or not the expenses in Subpart 2—Electoral expenses respect of the printing or postage are incurred by or on behalf of the candidate; but 104 Interpretation: e. does not include the expenses of operating a vehicle In this subpart and subpart 3,— on which election advertising appears if that vehicle is used in good faith by the candidate as the candidate’s applicable period before the close of polling day, means the personal means of transport; and period beginning three months before the close of polling day and ending with the close of polling day f. does not include expenses incurred by the candidate in preparing a candidate profile statement; and electoral activity, in relation to a candidate at an election, means an activity— g. does not include the labour of any person that is provided to the candidate free of charge by that person; a. that is carried out by the candidate or with the and candidate’s authority; and h. does not include the cost of any framework (other than b. that relates to the candidate solely in the candidate’s a commercial framework) that supports a hoarding on capacity as a candidate and not to the candidate— which an advertisement is displayed.
i. in their capacity as a member of the local authority or population means the population, as at the day that is three local board or community board, or as the holder of months before the close of polling day, of a local government any other office; or area as specified in a certificate issued in respect of that area by the Government Statistician. ii. in any other capacity; and 105 Periods for claiming and paying expenses c. that comprises – (1) No claim against a candidate, or against any agent of a i. advertising of any kind; or candidate, in respect of any electoral expenses is recoverable unless it is sent to the candidate within 30 days after the day ii. radio or television broadcasting; or on which the successful candidates are declared to be elected.
iii. publishing, issuing, distributing, or displaying (2) All electoral expenses incurred by or on behalf of a candidate addresses, notices, posters, pamphlets, handbills, must be paid within 60 days after the day on which the billboards, and cards; or successful candidates are declared to be elected.
iv. any electronic communication to the public, including (3) A person who makes a payment in breach of this section (without limitation) the establishment or operation of commits an offence and is liable on conviction to a fine not a website or other method of communication to the exceeding $5,000. public using the Internet; and
d. that relates exclusively to the campaign for the election of the candidate; and
25 106 Procedure if claim disputed (2) If any election activity relates exclusively to campaigns for the election of two or more candidates, any electoral (1) If a candidate, in the case of a claim for electoral expenses expenses in respect of that electoral activity must be sent in to him or her within the time allowed by this Act, apportioned equitably in relation to each of those candidates. disputes it, or fails to pay it within 60 days,— 112AA Offence to pay electoral expenses in excess of relevant a. the claim is a disputed claim; and prescribed maximum
b. the claimant may, if they thinks fit, within a further 30 (1) This section applies to any candidate or other person who days, bring an action for the disputed claim in any court directly or indirectly pays or knowingly aids or abets any of competent jurisdiction. person in paying for or on account of any electoral expenses any sum in excess of the relevant maximum amount (2) Any sum paid by the candidate to satisfy the judgment or prescribed by section 111. order of the court in any action referred to in subsection (1) is to be treated as paid within the time allowed by this Act. (2) The candidate or person commits an offence and is liable on conviction— 107 Leave to pay claim after time limited a. to a term of imprisonment not exceeding two years, or (1) A District Court may, on the application of the claimant or a fine not exceeding $10,000, if they knew the payment the candidate, grant leave to the candidate to pay a disputed was in excess of the relevant prescribed maximum claim, or to pay a claim for any electoral expenses, even amount; or though it is sent in after the time allowed by this Act, if the court considers it in the interests of justice to grant that b. to a fine not exceeding $5,000 in any other case, unless leave. they proves that they took all reasonable steps to ensure that the electoral expenses did not exceed the relevant (2) Any sum specified in the order granting that leave may be prescribed maximum amount. paid by the candidate and, when paid, is to be treated as paid within the time allowed by this Act. Subpart 3—Return of electoral donations and expenses
108 Payments to be vouched by bill 112A Return of electoral donations and expenses
Every payment made in respect of any electoral expenses (1) Within 55 days after the day on which the successful must, except when it is less than $200 (inclusive of goods and candidates at any election are declared to be elected, every services tax), be vouched by— candidate at the election must file a return of electoral donations and expenses. a. a bill stating the particulars; and (2) However, in any case where a candidate is outside New b. a receipt. Zealand on the day on which the successful candidates are declared to be elected (election result day), the return must 111 Maximum amount of electoral expenses be filed within 76 days after election result day. (refer to page 19 in this handbook) (3) The return of electoral donations and expenses must set 112 Apportionment of electoral expenses out—
(1) If any activity of the kind described in paragraphs (a) to (d) a. the details specified in subsection (4) in respect of every of the definition of the term electoral activity (as set out electoral donation (other than a donation of the kind in section 104) is, in relation to a candidate at an election, referred to in paragraph (c)) received by the candidate carried on both before and within the applicable period before that, either on its own or when aggregated with all other the close of polling day,— donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or a. the expenses incurred in respect of the activity (being value; and expenses incurred by or on behalf of the candidate) must be properly apportioned so that a fair proportion b. whether any donation is funded from contributions, of those expenses is attributed to the carrying on of and if so, and to the extent known or ascertainable the activity in the applicable period before the close of from the information supplied under section 103D, the polling day; and details specified in subsection (5) in respect of every contribution that, either on its own or when aggregated b. the fair proportion of those expenses are electoral with other contributions by the same contributor to the expenses. donation, exceeds $1,500 in sum or value; and
c. the details specified in subsection (6) in respect of every anonymous electoral donation received by the candidate that exceeds $1,500; and
26 d. details of the candidate’s electoral expenses. 112D Filing a false return of electoral donations and expenses
(4) The details referred to in subsection (3)(a) are— A candidate who files a return under section 112A that is false in any material particular commits an offence and is liable on a. the name of the donor; and conviction—
b. the address of the donor; and a. to a term of imprisonment not exceeding two years, or a fine not exceeding $10,000, if they filed the return c. the amount of the donation or, in the case of aggregated knowing it to be false in any material particular; or donations, the total amount of the donations; and b. to a fine not exceeding $5,000 in any other case, unless d. the date the donation was received or, in the case of the candidate proves that— aggregated donations, the date that each donation was received. i. they had no intention to misstate or conceal the facts; and (5) The details referred to in subsection (3)(b) are— ii. they took all reasonable steps in the circumstances to a. the name of the contributor; and ensure the information in the return was accurate.
b. the address of the contributor; and 112E Obligation to retain records necessary to verify return
c. the amount of the contribution or, in the case of (1) A candidate must take all reasonable steps to retain all aggregated contributions, the total amount of the records, documents, and accounts that are necessary to aggregated contributions. enable a return under section 112A to be verified.
(6) The details referred to in subsection (3)(c) are— (2) The records, documents, and accounts must be retained until the expiry of the period within which a prosecution may be a. the date the donation was received; and commenced under this Act in relation to the return or to any matter to which the return relates. b. the amount of the donation; and (3) A candidate who fails, without reasonable excuse, to comply c. the amount paid to the electoral officer under section with subsection (1) commits an offence and is liable on 103J(1) or (2) and the date that payment was made. conviction to a fine not exceeding $5,000.
(7) Every return filed under this section must be in the form 112F Return of electoral donations and expenses to be open for prescribed in Schedule 2. public inspection
(8) It is the duty of every electoral officer to ensure that this (1) The electoral officer must keep every return filed under section is complied with. section 112A in the electoral officer’s office, or at some other convenient place to be appointed by the chief executive (9) In this section, file in relation to a return, means to send the of the local authority, for a period of seven years after the return to the electoral officer responsible for the conduct of date of the election to which it relates (the public inspection the election. period).
112B Nil return (2) During the public inspection period the electoral officer must— If a candidate considers that there is no relevant information to disclose under section 112A, the candidate must file a nil return a. publish, electronically or in any other manner the under that section. electoral officer considers appropriate, every return filed under section 112A; and 112C Failure to file return of electoral donations and expenses b. make available for public inspection a copy of every A candidate who fails, without reasonable excuse, to comply with return filed under section 112A; and section 112A commits an offence and is liable on conviction to— c. provide to any person upon request a copy of one or a. a fine not exceeding $1,000; and more returns filed under section 112A, subject to the payment of any charges that may be made under the b. if they has been elected to office, a further fine not Local Government Official Information and Meetings Act exceeding $400 for every day that they continues to 1987. hold office until the return is filed.
27 Part 5A—Electoral advertising
113 Advertisements for candidates
(1) No person may publish or cause to be published in any newspaper, periodical, notice, poster, pamphlet, handbill, billboard, or card, or broadcast or permit to be broadcast over any radio or television station, any advertisement that is used or appears to be used to promote or procure the election of a candidate at an election, unless subsection (2) or subsection (4) applies.
(2) 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 that advertisement is authorised in writing by the candidate or the candidate’s agent or, in the case of an advertisement relating to more than one candidate, the candidates or an agent acting for all of those candidates; and
b. the advertisement contains a statement setting out the true name of the person or persons for whom or at whose direction it is published and the address of their place of residence or business.
(3) A candidate is not responsible for an act committed by an agent without the consent or connivance of the candidate.
(4) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—
a. the publication of the advertisement is endorsed by an organisation or body representing residents or ratepayers in the community or district in which the advertisement is published; and
b. the advertisement contains a statement setting out—
i. the true name of the person or persons for whom or at whose direction it is published and the address of their residence or place of business; and
ii. the true name of the organisation or body who has endorsed the publication of the advertisement and the address of the place of business of that organisation or body.
(5) This section does not restrict the publication of any news or comments relating to an election in a newspaper or other periodical, or on the Internet, or in any other medium of electronic communication accessible by the public, or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989.
(6) A person who willfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.
114 Use of public money
Sections 111 and 112 do not validate any use of public money that would otherwise be unlawful.
28 Council policy on election signs
Key message Explanation: Signage provides functions which positively contribute to community wellbeing Council has a policy around election signs and However, they can also have adverse effects on the candidates should familiarise themselves with this. environment. Amenity values can be compromised Election signs are permitted on private property only, by factors such as the character of signage, level of six weeks before election day (from 31 August 2019) illumination or the proliferation or clutter of signage. and must be removed by midnight 11 October 2019. Signage can also reduce the safety and efficiency of the transport network if it is poorly located, distracts All election advertising, including election signs etc drivers’ attention or restricts visibility. Signage should are to display the true name and physical address be located and designed in a manner that avoids (place of residence or business) of the person these effects and particular consideration should authorising them [Section 113 (2) (b) Local Electoral Act 2001]. be given to the size of signage and the message displayed. Section 2.12 - Signage Policy SIGN.2 Signage provides information, identification, direction and safety functions and typically promotes goods, Enable the display of temporary signage. services, activities and events. Signage indirectly contributes to the district’s social, cultural and Explanation: Temporary signage should generally economic wellbeing and supports public health and only be displayed for the duration of the activity safety. Signage is typically located, designed and sized to which it relates. Exceptions are provided for real to maximise visibility and catch attention. Often it estate and event signage, allowing this temporary is adjacent to public places or the transport network. signage to be removed no later than two weeks after Inappropriate location, design and size of signage a property is sold or seven days after an event has can give rise to adverse effects on the environment, been held. Temporary signage should be located and including adverse effects on amenity values and the designed in a manner that avoids adverse effects on safety and efficiency of the transport network. A amenity values and the safety and efficiency of the proliferation of signage on a site, or at a location, can transport network. also give rise to cumulative effects. Policy SIGN.3 Objective SIGN.1 Recognise there may be a need for off-site signage Signage is appropriately located and conveys in circumstances where community or commercial necessary information in a manner that avoids or land use activities are not located adjacent to state mitigates adverse effects on the environment. highways or regional arterial roads.
Policy SIGN.1 Explanation: There may be some cases, where the display of signage on a site to which it does The location and design of the signage: not relate, may be appropriate. Any such signage should avoid adverse effects on amenity values (1) Minimises or avoids adverse effects on amenity and the transport network and be consistent with values. the maximum sign height and area limits for the rural zone. The location of the commercial land use (2) Avoids Adverse effects on the safe and efficient activity should be in the vicinity of the signage, and operation of the transport network. the signage does not need to be located on a state highway or regional arterial road.
29 Policy SIGN.4 Signage rules
Avoid inappropriate off-site signage where: The zone sections of the district plan apply in addition to any relevant district-wide rules such as • It adversely affects pedestrian and/or traffic those relating to signage. If any of the zone rules safety detailed in the following sections are breached, the activity will require resource consent: • Its content does not directly relate to providing directions, locations and the name • Rural Zone - Section 3.1, of the business • Urban Zone - Section 3.2, • It detracts from the amenity and character of the area. • Te Anau Residential B Zone - Section 3.3,
Explanation: While off-site signage may be • Industrial Zone - Section 3.4, acceptable in some circumstances, it may also be appropriate to decline an activity. Effects on safety • Fiordland/Rakiura Zone - Section 3.5. or amenity could include, but are not limited to, the cumulative effects of the proliferation of signage and any effects on the landscape values of an area.
Rule SIGN.1 (A) - Permitted signage
The maximum height and area of signage on any site shall be as detailed in Table SIGN.1.1:
Maximum area m2 of Maximum area m2 of signage freestanding signage and Maximum height of painted on to, or attached Zone signage attached at an angle freestanding signage parallel to, buildings to buildings 1.5m2 0.5m2 per metre of street 2 Urban zone frontage except that only 1.5m 3 metres two freestanding signs are 1m2 per metre of building commercial precinct permitted and the areas of frontage 6 metres such signs shall not exceed 14m2. 1m2 per metre of building Industrial zone 14m2 9 metres frontage Rural zone 3m2 3m2 3 metres Fiordland/Rakiura zone 1.5m2 1.5m2 2 metres
30 Note: The area limits shown in the table above Any illuminated signage shall ensure that represent the total maximum areas of signage. artificial light spill shall not exceed the following Therefore, if a combination of signage types are to be luminance levels, within the boundary of any used, the total area must not exceed the stated total other site not zoned Industrial or not within the for either the freestanding or the attached signage. commercial precinct overlay: All zone signage ermitted in Rule SIGN.1 (A) above is subject to the following conditions: • Day time 25 lux • Night time 10 lux (1) Under-verandah signage - In addition to the signage provided for above, signage Luminance levels shall be measured vertically attached under-verandahs is permitted within or horizontally anywhere along the affected Commercial Precincts, provided that: site boundary in accordance with professional engineering practice. a. It does not exceed the width of the verandah. (6) Signage attached to buildings - signage on or b. There is at least 2.6 metres clearance to the footpath. attached to buildings shall be within 200mm of the profile of the building on which they are c. There is a maximum of one under-verandah painted or attached (excluding under-verandah sign per site per street frontage. signage).
(2) Internation symbols - Internationally recognised (7) Clarity - messages displayed on signage must symbols shall be displayed on signs where be clear, concise and of a clear lettering style. appropriate. Signage located adjacent to a road shall comply with the following minimum letter height (3) Similarity to traffic signage - Signage shall not standards: conflict with the colour combinations and/or shape or design of traffic signs. Main Property Secondary Speed Limit Message Name Message (km/hr) (4) Orientation of signage - roadside signage (mm) (mm) (mm) (excluding under-verandah signage) shall be orientated a minimum of 5o off right angle to 60 150 100 75 the road. 70 175 125 90 80 200 150 100 (5) Illumination - Illuminated signage shall only 95 250 175 125 be permitted within the industrial zone or commercial precincts and excludes any signage attached to an item of historic heritage or (8) Location of signage - located within the site of an item listed in Schedule 5.2 - Historic Heritage Items. a. Unless otherwise stated, yard or setback requirements relating to buildings shall not apply to signage.
b. Unless otherwise stated, signage shall be located on the site where the lawfully established activity to which the signage relates is occurring.
31 c. Signage shall be sited such that it does not (4) Public election signage - signage not exceeding restrict visibility to and from intersections and 3m2 may be displayed six weeks before the accesses. election and must be removed no later than midnight on the day preceding election/polling d. Signage shall not be located where it could day. adversely affect driver/pedestrian safety. All temporary signage permitted by SIGN.1 (9) Signage may be single or double sided provided (B) is subject to the following conditions: that each side does not exceed the maximum area permitted within that Zone. (1) Temporary signage may be single or double sided provided that each side does not exceed (10) Any signage attached to a building shall not 3m2 temporary construction, event and public exceed the height of that building. election signs or 0.6m2 for temporary real estate signage. (11) Signage shall not be reflective or have any moving or flashing components. (2) Temporary signage is subject to Conditions 2 to 12 of Rule SIGN.1 (A). (12) Signage located adjacent to a state highway shall comply with the NZ Transport Agency Rule SIGN.1 (A) - Sandwich boards signage requirements. One sandwich board sign per premises shall be (13) Signage can include sponsorship logos where permitted. Sandwich board signage shall only be they comprise no more than 10% of the area of displayed during the trading hours of the business the signage. to which the sandwich board relates. The signage shall be located immediately adjacent to the street Rule SIGN.1 (A) - Temporary signage frontage of the premises to which it relates. Such permitted throughout the district signage shall comply with the following dimensions:
(1) Real estate signage - signage not exceeding (1) Height - minimum of 0.5 metres; maximum of 0.6m2 in area advertising the disposal of land or 0.75 metres. premises on which it is located, displayed while the property is on the market and removed no (2) Width - maximum of 0.5 metres. later than two weeks after the property has been sold. (3) Spread - maximum of 0.5 metres.
(2) Construction signage - signage not exceeding Sandwich board signage must be located a minimum 3m2 in area erected on a construction site. No of 300mm back from the carriageway edge and in such signage shall be displayed for a period such a position that there is a minimum 2 metre exceeding the duration of the construction clearance of footpath for pedestrian traffic. period and shall include only details of the project and names of parties connected Where the area has a grass verge or a gravel berm therewith. then the signage is to be placed on this at least 600mm from the carriageway and not on the (3) Event signage - signage not exceeding 3m2 may footpath. be displayed within a period of no more than six weeks before the event and must be removed Where there are no footpaths then the signage will be no later than seven days after the event. sited in the berm area.
32 Sandwich boards shall not be located on footpath (5) Effects on the visual amenity and aesthetic extensions and traffic islands constructed to coherence of the surrounding environment. accommodate pedestrian crossing points or traffic control devices. (6) Effects on outstanding natural features and landscapes and visual amenitylandscapes. Rule SIGN.1 (D) - Information and warning signage: (7) Effects on historic or cultural heritage values of sites, structures, places and areas. The following information and warning signage shall be permitted: (8) Cumulative effects of signage.
(1) Hazard identification and warning signage (9) The location of the business premises or activity in relation to the signage. (2) Interpretational signage (10) The level of non-compliance with the maximum (3) Directional signage signage height and area limits for the relevant zone or precinct. (4) Signage erected by Fish & Game New Zealand for angling and hunting activity information Rule SIGN.3 - Prohibited activities purposes. Off-site signage that exceeds 3m2 in area is a Rule SIGN.2 - Restricted discretionary prohibited activity throughout the district. activities
(1) Off-site signage that does not exceed 3m2 in area is a restricted discretionary activity.
(2) Any other signage that does not comply with Rule SIGN.1 or is not subject to Rule SIGN.3 is a Restricted Discretionary Activity.
The matters to which council will restrict its discretion are:
(1) The effects of signage on the safety and visibility on transportation networks.
(2) The content, size, colour and character of the signage, lettering size and style.
(3) The illumination of the signage and the effects of light spill.
(4) The siting of the signage with respect to sight lines pertaining to any road or rail intersection, or accessway on to a road.
33 Electoral rolls
Key message on their behalf, provided any such elector resides outside the district or community board area where The preliminary electoral roll, containing both the property is situated. resident and non-resident ratepayer electors, will be available for public inspection from 19 July 2019 to 16 Preliminary electoral roll August 2019. All registered electors (as at 16 August 2019) whose name is on the final election roll will be A copy of the preliminary electoral roll for the issued voting packs. Southland District Council will be available for public inspection from Friday 19 July 2019 to Friday 16 Resident electors August 2019 at:
Persons are qualified to be enrolled on the • Council’s Principal Offices, Parliamentary electoral roll if they: 15 Forth Street, Invercargill; • Lumsden Area Office, • are a New Zealand citizen or a permanent 18 Diana Street, Lumsden; resident of New Zealand; and • Otautau Area Office, • are 18 years of age or over; and 176 Main Street, Otautau; • have at some time resided continuously in • Riverton Area Office, New Zealand for one year or longer; and 117 Palmerston Street, Riverton; • are not disqualified under the Electoral Act • Stewart Island Area Office, 1993. 9 Ayr Street, Stewart Island; • Te Anau Area Office, Residents of the Southland District Council area are 116 Town Centre, Te Anau; enrolled automatically on the residential electoral roll if they are registered as Parliamentary electors. • Te Anau Library, Therefore, there is no need to enrol separately for 24 Milford Crescent, Te Anau; these elections. • Winton Area Office, (for location refer www.southlanddc.govt.nz); Non-resident ratepayer electors • Wyndham Area Office, Residents who pay rates on a property in another 41 Balaclava Street, Wyndham. local authority area or community board area may The preliminary electoral roll will be contained in one be entitled to enrol on the ratepayer electoral roll for book, with the Residential Electoral Roll located in that local authority area or community board area. the front and the Ratepayer Electoral Roll located in the rear. Companies, businesses, trusts, corporations or societies which are ratepayers of a property in a local Details appearing on the preliminary electoral roll authority district or community board area may are elector names (surname, then first names) listed also nominate an elector to vote on their behalf, alphabetically. The qualifying address of the elector is provided any such elector resides outside the district shown alongside. No postal addresses or occupations or community board area where the property is are shown. situated.
Partners, joint tenants and tenants in common who collectively pay rates on a property in a local authority district or community board area may also nominate one of the group who is an elector to vote
34 Any alterations to the residential electoral roll should Roll data requests be made: Information contained on the electoral roll is not • by completing the appropriate form at any NZ available from the electoral office in an electronic Post agency; or form, but candidates or political parties may request • by telephoning 0800 ENROLNOW an electronic listing of resident electors from the (0800 36 76 56); or Electoral Commission (provided the criteria of • by accessing the Electoral Commission section 114 of the Electoral Act 1993 are met). An website - www.elections.org.nz application form is required to be completed, and these are available upon request from the Electoral Any alterations to the non-resident ratepayer Commission. electoral roll should be made through the electoral office (telephone 0800 922 822). Note however that elector details for the area a candidate is standing for only will be provided, and Copies of the hardcopy preliminary electoral roll may this data is unable to be passed on to any third-party be purchased from the electoral office for $60.00 (inc and must be used for election purposes. GST). With regard to a listing of non-resident ratepayer Final electoral roll electors, a candidate may purchase mailing labels and/or postal address lists from the electoral office. The final electoral roll is produced once the preliminary electoral roll closes on 16 August 2019. Candidates or candidate scrutineers may request, The final electoral roll contains the details used for before the close of voting, a listing of names of issuing voting documents. Copies of this roll will also persons from whom voting documents have been be available for purchase. returned. Such a request can be supplied in either hardcopy or electronic copy, and a reasonable charge will be made for this. [Section 68 (6) Local Electoral Act 2001].
35 Voting and special voting
Key message When posting voting documents back, it is recommended these be posted by 5pm, Tuesday 8 The three-week voting period is Friday 20 September October 2019 to guarantee delivery before the close to noon Saturday 12 October 2019. Voting packs are of voting (noon, Saturday 12 October 2019). posted to electors from Friday 20 September 2019. Special votes are available to those who have not There is no online voting option for these elections. received an ordinary vote during the voting period, or have registered on the electoral roll after 16 August Special votes 2019. Special votes are available to electors: Postal voting • whose names do not appear on the final The election is being conducted by postal vote. electoral roll, but who qualify as electors; Voting documents are posted to all electors whose • who do not receive a voting document names appear on the final electoral roll with delivery previously posted to them; commencing Friday 20 September 2019. All electors should have received their voting documents by • who spoil or damage a voting document Wednesday 25 September 2019. previously posted to them. Special votes are available from Friday 20 September Each elector, after receiving their voting document, 2019 to noon, Saturday 12 October 2019 from: should complete it, seal it in the return, postage paid envelope, and post or deliver it to the electoral officer. • Council’s Principal Offices, 15 Forth Street, Invercargill; If hand delivered, completed voting documents can • Stewart Island Area Office, be lodged at: 9 Ayr Street, Stewart Island; • by telephoning the electoral office on • Council’s Principal Offices, 0800 922 822. 15 Forth Street, Invercargill; Special votes can be posted directly to electors. • Lumsden Area Office, The completed voting document however, must be 18 Diana Street, Lumsden; returned to the electoral officer by noon on election • Otautau Area Office, day. 176 Main Street, Otautau; • Riverton Area Office, Special votes require the completion of a statutory 117 Palmerston Street, Riverton; declaration. This is a legal requirement and a protection for electors against possible duplicate • Stewart Island Area Office, voting. 9 Ayr Street, Stewart Island; • Te Anau Area Office, If an elector requests a special vote and is not on the 116 Town Centre, Te Anau; Parliamentary electoral roll (e.g. just turned 18 years of age), the person must enrol by Friday 11 October • Te Anau Library, 2019 (the day before the close of voting). 24 Milford Crescent, Te Anau; • Winton Area Office, (for location refer www.southlanddc.govt.nz); • Wyndham Area Office, 41 Balaclava Street, Wyndham.
36 An application for registration as a Parliamentary Election day elector may be obtained: On election day, ordinary votes can be returned from • from any NZ Post agency; or 9 am to noon to: • telephoning 0800 ENROLNOW (0800 36 76 56); or • Council’s Principal Offices, 15 Forth Street, Invercargill; • by accessing the Electoral Commission • Stewart Island Area Office, website - www.elections.org.nz 9 Ayr Street, Stewart Island; After voting closes, special vote declarations are • Te Anau Area Office, forwarded to Registrars of Electors for verification 116 Town Centre, Te Anau; that the elector is eligible and has enrolled as a Parliamentary elector. • Te Anau Library, 24 Milford Crescent, Te Anau; Special votes cannot be collected by candidates or • Winton Area Office, their assistants for distribution to electors. (for location refer www.southlanddc.govt.nz).
37 Early processing of returned voting documents
Key message Processing of votes
During the voting period, returned voting documents Returned voting documents are able to be opened are able to be opened and processed, but not and processed during all or part of the voting period counted. prior to the close of voting.
The early processing of voting documents involves the following functions:
• roll scrutiny (marking people off the roll);
• opening of envelopes;
• extracting of voting documents;
• checking for informal or duplicate votes;
• electronic capture of all valid votes (twice).
No tallying of votes is undertaken until after the close
of voting (noon, Saturday 12 October 2019).
The early processing functions are undertaken with strict security measures. One or more Justices of the Peace observe all early processing functions, and sign a statement at the end of the processing that all functions were undertaken correctly and conformed with the strict legal requirements.
Candidate scrutineers are not permitted to observe the early processing functions.
38 Scrutineers
Key message Each appointed scrutineer must report initially to the electoral officer or deputy electoral officer, where a Candidates are able to appoint scrutineers to observe declaration pledging not to disclose any information certain functions. Appointment of scrutineers must coming to their knowledge, will need to be signed be made by noon, Friday 11 October 2019. and a name tag issued. When departing the premises, scrutineers are to return their name tag to the Appointment of scrutineers electoral officer or deputy electoral officer.
Candidates may appoint scrutineers to oversee Any scrutineer may leave or re-enter the place where various functions of the election. election functions are being conducted, but it is an offence (and liable for a fine) to: These functions are: • make known for what candidate any voter has • the scrutiny of the roll; voted;
• the preliminary count (after the close of • make known the state of the election, or give voting); or pretend to give any information by which the state of the election may be known, • the official count. before the close of voting.
Each candidate may appoint one or more scrutineers The scrutiny of the roll will be undertaken at for each of the above functions, but only one the electoral office (Level 2, 198 Federal Street, scrutineer for each candidate may be present at any Auckland), during normal office hours between one time. Monday 23 September 2019 and to noon, Saturday 12 October 2019. A scrutineer cannot be: The preliminary count of votes will commence once • a candidate; voting closes at noon on Saturday 12 October 2019 at the electoral office. • a member or employee of any local authority or community board for which an election is The official count of votes will be undertaken once being conducted; the preliminary count is concluded and the final result will be known on Thursday 17 October 2019. • under 18 years old. The official count will also occur at the electoral office. Each scrutineer must be appointed by a candidate, such appointment to be in writing to the electoral The role of scrutineers is to ensure that election officer. For a person to be appointed as a scrutineer, procedures are undertaken correctly and that the the letter of appointment must be received by the count of votes is done fairly and reasonably. electoral officer no later than noon Friday 11 October 2019 [Section 68, Local Electoral Act 2001]. Mobile phones are prohibited within the secure area where the count will take place. A standard letter for the appointment of a scrutineer is located at the end of this handbook.
39 Results
Key message Preliminary results
Election results will be released on three occasions: Preliminary results will be available once all votes that are hand-delivered on election morning have Progress results around 2pm on election day, been received and processed. This is expected to be Saturday 12 October 2019. on Sunday morning 13 October 2019.
Preliminary results on Sunday morning, Both progress and preliminary results will be 13 October 2019. available:
Final results on Thursday afternoon, 17 October 2019. • by accessing council’s website www.southlanddc.govt.nz Progress results • by telephoning the electoral office on The counting of votes will commence from noon 0800 922 822. Saturday, 12 October 2019 at the offices of Independent Election Services Ltd, Level 2, 198 Final results Federal Street, Auckland. Once all special votes have been validated by the As soon as practicable following the close of voting, Electoral Commission, a final result is able to be progress results will be made available, these likely to announced. This is expected late afternoon on reflect approximately 95% of the votes cast. Thursday 17 October 2019.
Progress results will be available at approximately Release of results 2pm on election day. Where email addresses have been provided, Progress results however will not be available for the candidates will be emailed both the progress and Southland District Health Board election, as this is preliminary results, once available. conducted under the STV electoral system. All results will also be placed on council’s website: www.southlanddc.govt.nz
40 Term of membership
Key message A member is disqualified from holding office in a local authority under the following provisions: All members leave office and come into office on the day after the declaration of results is publicly notified. “Disqualification of members (1) A person’s office as a member of a local authority is vacated Term of membership if the person, while holding office as a member of the local authority, -
All members come into office for the Southland a. ceases to be an elector or becomes disqualified for District Council on the day after the day the registration as an elector under the Electoral Act 1993; or candidate is declared to be elected (i.e. the day after the first public notice declaring the result is made). b. is convicted of an offence punishable by a term of imprisonment of 2 years or more. [Section 115, Local Electoral Act 2001] (2) If subclause (1)(b) applies: - All members leave office for the Southland District Council when the members elected at the next a. the disqualification does not take effect - election come into office. i. until the expiration of the time for appealing against [Section 116, Local Electoral Act 2001] the conviction or decision; or
If at the close of nominations, the number of ii. if there is an appeal against the conviction or decision, until the appeal is determined; and candidates is less than the number of vacancies, the unfilled vacancies become extraordinary vacancies b. the person is deemed to have been granted leave of and are treated as occurring on polling day (12 absence until the expiration of that time, and is not capable of acting as a member during that time. October 2019). [Section 64, Local Electoral Act 2001] (3) person may not do an act as a member while disqualified Any such extraordinary vacancy is required to be under subclause (1) or while on leave of absence under filled by an election, which cannot occur any earlier subclause (2)” [Clause 1, Schedule 7, Local Government Act 2002] than 17 February 2020. [Section 138, Local Electoral Act 2001]
For district health boards, members come into office (and current members leave office) on 9 December 2019, the 58th day after polling day. [Clauses 14 & 15, Schedule 2, New Zealand Public Health and Disabilities Act 2000].
41 Community board membership
Key message A person elected as a councillor and a community board member within the same ward/community Community boards act as advocates for their district is deemed to be elected as a councillor and communities and are an important link to council. a community board member but is then deemed to have vacated the office as a community board Legislation member, and the next highest polling community board candidate is elected. (If there is no highest Relevant legislation relating to membership of polling unsuccessful candidate, in this instance, an community boards is found in the Local Electoral Act extraordinary vacancy occurs and a by-election is 2001. required) [Sections 88A, 88B, Local Electoral Act 2001].
Each community board must consist of between 4 If a person is elected as a councillor and a community and 12 members; and is to include at least 4 elected board member (the community being in a different members; and may include, as appointed members, ward to the ward containing the community), that up to half the total number of members. person is considered an elected member to both. [Section 19F, Local Electoral Act 2001] In the Southland District Council, between six and Appointed members to a community board must be seven members are elected to each community board appointed by council from the elected councillors (refer to page 3) and one member appointed to each representing the ward in which the community is of the nine community boards. situated [Section 19F, Local Electoral Act 2001].
42 Election offences
Local Electoral Act 2001 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 121 Illegal nomination, etc candidates are affiliated, and including those who are
independent); and Every person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who- b. nothing else. a. consents to being nominated as a candidate for an (3) Nothing in this section applies to- elective office, knowing that they is incapable under any Act of holding that office; or a. any official statement or announcement made or exhibited under the authority of this Act or regulations b. signs a nomination paper purporting, to nominate as made under this Act; or a candidate a person who is, to the knowledge of the person signing, incapable under any Act of holding that b. any candidate profile statement, published, displayed or office; or distributed under the authority of this Act or regulations made under this Act. c. signs a nomination paper purporting to nominate another person as a candidate knowing that they is not 123 Offences in respect of official documents qualified to vote at the election of the person named in the nomination paper as the candidate. (1) Every person commits an offence who-
122 Interfering with or influencing voters a. intentionally removes, obliterates, or alters any official mark or official writing on any voting document, or other (1) Every person commits an offence, and is liable on conviction official document used at an election or poll; to a fine not exceeding $5,000, who- b. intentionally places any mark or writing that might be a. interferes in any way with any person who is about to mistaken for an official mark or official writing on any vote with the intention of influencing or advising that voting document, or other official document used at an person as to how they should vote; election or poll; b. prints, publishes, distributes, or delivers to any person c. forges, counterfeits, fraudulently marks, defaces, or (using any medium or means of communication) a fraudulently destroys any voting document, or other document, paper, notice, or message, being or purporting official document used at an election or poll, or the to be an imitation of any voting document to be used at official mark on that document; the election or poll that,- d. supplies, without authority, a voting document to any i. in the case of an election, includes the name of a person; candidate or candidates, together with any direction or indication as to the candidate or candidates for e. obtains or has possession of any voting document, whom any person should vote; other than one issued to that person under this Act or any regulations made under this Act for the purpose of ii. in the case of a poll, includes a statement or indication recording their vote, without authority; as to how any person should vote; f. intentionally destroys, opens, or otherwise interferes iii. in any way contains or suggests any such direction or with any ballot box or box or parcel of voting documents indication or other matter likely to influence how any without authority. person votes. (2) Every person who commits an offence against subsection (1) c. prints, publishes, or distributes any instruction on the is liable on conviction - method of marking the voting document that differs in any material way from the instructions required a. in the case of an electoral officer or other electoral by this Act or any regulations made under this Act to official, to imprisonment for a term not exceeding 2 accompany the voting document. years; (2) Despite subsection (1)(b), it is not an offence under that b. in the case of any other person, to imprisonment for a subsection to print, publish, distribute, or deliver a card or term not exceeding six months. leaflet (not being an imitation voting document) on which is
printed-
43 124 Voting offences b. after the voting period at the election or poll, they directly or indirectly, on their own or by another person, Every person commits an offence, and is liable on conviction to receives any money or valuable consideration on account imprisonment for a term not exceeding 2 years, who- of any person having voted or refrained from voting or having induced any other person to vote or refrain from a. votes or applies to vote more than once at the same voting. election or poll; or (3) Every person who commits bribery is liable on conviction to b. without authority removes, deletes, or otherwise imprisonment for a term not exceeding 2 years. interferes with any voting document, or other record of a vote that has been cast. 126 Treating
125 Bribery (1) Every person commits the offence of treating who corruptly before, during, or after an election or poll, and directly or (1) Every person commits the offence of bribery who, directly or indirectly, on that person’s own or by another person, gives indirectly, on that person’s own or by another person,- or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or a. gives, lends, agrees to give or lend, offers, promises, or for any person promises to obtain any money or valuable consideration to or for any elector, or to or for any person on behalf a. for the purpose of influencing, that person or any other of any elector, or to or for any other person, in order to person to vote or refrain from voting; or induce any elector to vote or refrain from voting; or b. for the purpose of obtaining their election; or b. gives or obtains, agrees to give or obtain, offers, promises, or promises to obtain or to try to obtain any c. on account of that person or any other person having office or place of employment to or for any elector, or voted or refrained from voting, or being about to vote or to or for any person on behalf of any elector, or to or for refrain from voting. any other person, in order to induce the elector to vote or refrain from voting; or (2) Every holder of a license under the Sale and Supply of Alcohol Act 2012 commits the offence of treating who knowingly c. corruptly does any act referred to in paragraph (a) or supplies any food, drink, entertainment, or provision- paragraph (b) on account of an elector having voted or refrained from voting; or a. to any person, if the supply is demanded for one or more of the purposes specified in subsection (1); or d. makes any gift, loan, offer, promise, or agreement referred to in paragraph (a) or paragraph (b) for, or with, b. to any person, whether an elector or not, for the any person in order to induce that person to obtain or try purpose of obtaining the election of a candidate or to obtain the election of any person or the vote of any affecting the result of a poll, and without receiving elector; or payment for it at the time when it is supplied.
e. upon or as a consequence of any gift, loan, offer, (3) Every elector who corruptly accepts or takes any such food, promise, or agreement referred to in paragraph (a) or drink, entertainment, or provision also commits the offence paragraph (b) obtains, or tries to obtain, the election of of treating. any person or the vote of any elector; or (4) Despite subsections (1) to (3), the provision of light f. advances or pays, or causes to be paid, any money to or refreshments after any meeting relating to an election or poll for the use of any other person, intending that money or does not constitute the offence of treating. any part of it will be used for bribery at any election or poll; or (5) Every person who commits the offence of treating is liable on conviction to imprisonment for a term not exceeding 2 years. g. knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly 127 Undue influence or partly used for bribery at any election or poll. (1) Every person commits the offence of undue influence- (2) An elector commits the offence of bribery if,- a. who, directly or indirectly, on that person’s own or by a. before or during the voting period at the election or poll, another person, makes use of or threatens to make use they, directly or indirectly, on their own or by another of any force, violence, or restraint against any person- person, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or i. in order to induce or compel that person to vote or employment for himself or herself or for any other refrain from voting; person for voting or agreeing, to refrain from voting;
44 ii. on account of that person having voted or refrained c. communicate at any time to any person any information from voting; obtained in the building or other place where the voter has marked or recorded their vote and immediately b. who, by abduction, duress, or any fraudulent device or before or after that vote has been marked or recorded, means,- as to-
i. impedes or prevents the free exercise of the vote of i. any candidate for whom, or the proposal for or against any elector; which the voter is about to vote or has voted; or
ii. compels, induces, or prevails upon any elector either ii. any number on a voting document marked or to vote or to refrain from voting. transmitted by the voter.
(2) Every person who commits the offence of undue influence is (3) Every person present at the counting of votes must- liable on conviction to imprisonment for a term not exceeding 2 years. a. maintain and assist in maintaining the secrecy of the voting; and 128 Personation b. must not, except as is provided by this Act or regulations (1) Every person commits the offence of personation who, at any made under this Act, communicate any information election or poll,- obtained at that counting as to any candidate for whom or proposal for or against which any vote is cast by a a. votes in the name of some other person (whether living particular voter. or dead), or of a fictitious person; (4) No person may, directly or indirectly, induce any voter b. having voted, votes again at the same election or poll; to display or provide access to their voting document or any copy of that document after it has been marked or c. having returned a voting document, applies for or returns transmitted, so as to make known to any person the name of another voting document with the intention of returning any candidate for or against whom, or proposal for or against an additional valid voting document or invalidating a which, the voter has voted. vote already cast at the same election or poll (whether or not any voting document they returns is valid). (5) Every person commits an offence who contravenes or fails to comply with this section. (2) Every person who commits the offence of personation is liable on conviction to imprisonment for a term not exceeding (6) Every person who commits an offence against subsection 2 years. (5) is liable on conviction to imprisonment for a term not exceeding six months. 129 Infringement of secrecy 130 Disclosing voting or state of election or poll (1) Every electoral officer, deputy electoral officer, and other electoral official- (1) Every electoral officer, deputy electoral officer, other electoral official, Justice of the Peace, or scrutineer commits a. must maintain and assist in maintaining the secrecy of an offence who- the voting; and a. makes known for what candidate or candidates or for b. must not communicate to any person, except for a which proposal any particular voter has voted for or purpose authorised by law, any information likely to against, except as provided by this Act or regulations compromise the secrecy of the voting. made under this Act; or
(2) No person, except as provided by this Act or regulations b. before the close of voting, makes known the state of made under this Act, may- the election or poll or gives or pretends to give any information by which the state of the election or poll a. interfere with or attempt to interfere with a voter when may be known. marking, or recording their vote; or (2) Subsection (1)(b) does not prevent an electoral officer from b. attempt to obtain, in the building, or other place disclosing the total number of voting documents so far where the voter has marked or recorded their vote and returned at an election or poll at any time during the voting immediately before or after that vote has been marked period. or recorded, any information as to any candidate for whom or the proposal for or against which the voter is (3) A person who commits an offence against subsection (1) is about to vote or has voted; or liable on conviction to a fine-
45 a. not exceeding $5,000 for an electoral officer or deputy 138AA Time limit for prosecutions electoral officer: (1) A prosecution under section 112C must be commenced within b. not exceeding $2,000 for any other person. six months of the date on which the return was required to be filed. 131 Penalty for electoral officer, deputy electoral officer, and other electoral officials (2) A prosecution under section 103K or 112D must be commenced— Every electoral officer, deputy electoral officer, or other electoral official commits an offence, and is liable on conviction to a fine not a. within six months of the date on which the prosecutor is exceeding $2,000, who is guilty of any intentional or reckless act satisfied that there is sufficient evidence to warrant the of commission or omission contrary to the provisions of this Act or commencement of the proceedings; but 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 b. not later than 3 years after the offence was committed. made under this Act.
General provisions
137 Property may be stated as being in electoral officer
In any proceedings for an offence in relation to any voting documents or other official documents, files, records, instruments, or devices used officially for an election or poll, the property in those documents, files, records, appliances, and instruments is to be treated as that of the electoral officer at that election or poll.
138 Duty to take action in respect of offences
(1) Subsection (2) applies if an electoral officer—
a. receives a written complaint that an offence has been committed under—
i. Part 5; or
ii. this Part; or
c. believes for any other reason that an offence has been committed under either of the Parts specified in paragraph (a).
(2) If this subsection applies, the electoral officer must— a. report the complaint or belief to the Police; and
b. provide the Police with the details of any inquiries that they considers may be relevant.
(3) Subsection (2) does not prevent any person from reporting an alleged offence to the Police.
(4) Despite subsection (2), an electoral officer is not required to report the failure by a candidate to file a return under section 112A if the candidate files the return promptly after being required to do so by the electoral officer.
46 Remuneration
Key message Fiordland
Elected members are entitled to be paid for the work Chairperson $9,200 undertaken. This remuneration is generally by way Member $4,600 of a base salary and allowances for such things as Northern mileage etc. Chairperson $7,325 Member remuneration Member $3,617 Oraka Aparima The Remuneration Authority is a statutory body that establishes remuneration for local government. Chairperson $8,083 In 2018, the Remuneration Authority reviewed the Member $4,042 remuneration of the elected members, moving from Oreti a ‘partial pool’ approach to a ‘full pool’ approach. The new approach will take effect following the elections Chairperson $10,415 and is based on the following remuneration levels, Member $5,208 subject to the Remuneration Authority’s approval: Stewart Island/Rakiura Chairperson $4,000 Base remuneration for members of Southland District Council (as at 1 July 2019) will likely be as Member $2,000 follows: Tuatapere Te Waewae Position $PA Chairperson $7,059 Mayor $117,161 Member $3,530 Deputy mayor $38,130 Waihopai Toetoe Committee chair (4) $ 33,229 Chairperson $9,805 Councillor (7) $25,728 Member $4,902 From October 2019 the minimum remuneration Wallace Takitimu payable for a councillor is $25,874. Early in the Chairperson $8,594 new term the council will decide what additional Member $4,297 remuneration it will pay to the deputy mayor and committee chairs and whether it will increase the basic remuneration payable to councillors. Base remuneration for members of Environment Southland (as at 1 July 2019) will be as follows: Mayoral car: Full private use District plan review meetings: $100 per day Position $PA Chairperson $109,492 Base remuneration for community boards of Deputy chairperson $74,200 Southland District Council (from October 2019) will likely be as follows: Committee chairperson $61,325 Community Board $PA Councillor $53,000 Regional Plan Review Meeting Ardlussa $Per meeting Fees: Chairperson $7,483 Meetings up to 4 hours $150.00 Member $3,741 Meetings over 4 hours $200.00
47 Health and safety responsibilities
Key message There are six key aspects of officer due diligence. The legislation requires officers take reasonable steps to: All elected members of the Southland District Council are required to comply with the duties and (1) Acquire and keep up to date with health and obligations of the Health and Safety at Work Act safety knowledge and health and safety matters 2015. for council.
Health and Safety at Work Act 2015 (2) Understand council’s operations and the associated hazards and risks. Under the legislation an officer is someone who holds a position which allows them to exercise significant (3) Ensure council has appropriate resourcing and influence over the whole of council. At Southland processes to eliminate or minimise risks to District Council, elected members and the chief health and safety. executive (and possibly others) are ‘Officers’. The boards of council-controlled organisations and their (4) Ensure council has appropriate processes for chief executives are also officers. receiving and considering information regarding incidents, hazards, and risks and for responding As a PCBU (persons conducting a business or in a timely way to that information. undertaking), council holds the primary duty to ensure people’s safety. An officer’s responsibility is to (5) Ensure council has, and implements, processes exercise due diligence to ensure that council complies for complying with any duty or obligation. with its duties and obligations under the Health and Safety at Work Act – similar to the responsibility (6) Verify the provision and use of resources and councillors and local boards have to exercise due processes through reviews and audits. diligence over council’s financial matters. Liability An officer’s duty is important because leadership contributes to council’s safety culture, and elected Whilst officers do not have the same primary duty as members need to have an understanding of what is the PCBU to directly ensure health and safety they required to manage council’s risks. must exercise due diligence to ensure that the PCBU is meeting its duties. Officers can rely on information provided to them by staff and experts so long as that reliance is Elected members acting in their capacity as elected reasonable. However, elected members and the chief members (as distinguished from elected members executive must test and assess the advice provided acting in a governance role for another entity) are to them to ensure they are confident their decisions excluded from liability for the most serious offences have sufficiently considered health and safety factors. under the new Act. However they may still be Officers must demonstrate that they have carefully liable under some of the other requirements in the considered health and safety. legislation – for example in some circumstances WorkSafe NZ could still serve an improvement notice on them.
Further information can be found at: https://worksafe.govt.nz/managing-health-and- safety/businesses/guidance-for-business-leaders/
48 2016 voting document returns
49 50 2016 election results
51 Maps
Southland District Council Wards and Community Boards 2019
52 Fiordland Community Board 2019
53 Northern Community Board 2019
54 Ardlussa Community Board 2019
55 Wallace Takitimu Community Board 2019
56 Tuatapere Te Waewae Community Board 2019
57 Oreti Community Board 2019
58 Oraka Aparima Community Board 2019
59 Waihopai Toetoe Community Board 2019
60 Stewart Island/Rakiura Ward and Community Board 2019
61 Role of members
Legislation Each community board elects a chairperson and deputy chairperson at its inaugural meeting. Under legislation, there is no defined job description for mayors, chairpersons, councillors or community The duties of councillors and community board board members. However, members must know or members, as established by practice and custom, learn: include:
• their council’s administrative system as it • attending and participating at meetings; applies to elected members (eg. standing orders, council and committee procedures, • reading agendas and other material before services and facilities for councillors, finance); meetings; • attending to inquiries from members of the • the organisation of, and services provided by public; the council; • attending or hosting functions; • the roles of members and officers; • representing the council or board on related organisations, where appointed; • how to handle complaints and inquiries from • attending and participating at conferences constituents; and seminars.
• the essential requirements of the relevant law. Councillors
Induction and training programme As a councillor you will be a member of the governing body of council as well as your role as an elected An induction and training programme will be run for representative of your community. Once elected you successful candidates. The induction programme will will take an oath to act in the interests of the district include information on the fundamental functions of as a whole, not just the ward you are elected from. council and community boards. Community boards The induction programme will begin before the inaugural meeting. The successful candidates will A community board advocates and represents take office on the day after the electoral officer gives the interests of its community, as a member of official notification of the result of the election. a board you will liaise with organisations within However, no person is permitted to act as a member your community, maintain an overview of services before making a declaration. provided by council in your board’s area and raise issues about matters in your board’s area with The declarations are made at the inaugural meeting council. Council can give the board delegated of the council/community board. authority to make some decisions for the community rather than that decision being made by council.
62 Council governance
Legislation • performance is regularly measured against stated objectives; Local Authorities have only those powers and • its local communities are adequately informed functions granted to them by Parliament. The primary about council activities; statute is the Local Government Act 2002. • as far as practicable, regulatory functions are The legislation contains a statement of principles for separated from other functions. local government, which includes: Accountability is also maintained through: • recognition of the existence of different communities; • triennial local authority elections; • recognition of the identities and values of • the Local Government Official Information those communities; and Meetings Act 1987 which promotes the open conduct of local authority meetings and • definition and enforcement of appropriate prescribes rights of access to information; rights within those communities; • scrutiny of council decisions and activities by • recognition of different communities of the ombudsman, the controller and interest; auditor-general, the Parliamentary • the purpose of local government. commissioner for the environment, and the privacy commissioner. Accountability To request any of the following documentation, Under the Local Government Act 2002, a council please contact the Invercargill office of Southland must ensure that: District Council, 15 Forth Street, Invercargill:
• its business is conducted in a manner that is • the Long Term Plan and Annual Plan; comprehensible and open to the public; • the Annual Report; • clear objectives are established for each of its • the Governance Statement; activities and policies; • the Code of Conduct; • conflicting objectives and interests are resolved in a clear and proper manner; • the District Plan.
63 Taxation of elected members
Elected members IRD’S view of your taxation status
As an elected member, you may have questions The IRD views the relationship between an elected about your taxation status and the types of expenses member and a council as a statutory relationship of for which you can claim tax deductions. service. The IRD does not view it as an employer/employee relationship. Therefore, as an The following information is derived from Local elected member, you are not an employee of the Government New Zealand’s brochure on the topic council for taxation purposes. dated 2010 and sets out some general principles to assist you in understanding your tax obligations. It Consequences of your taxation status covers: This means that remuneration paid by a council to • the IRD’s view of your status as an elected you is taxable but is not classified as ‘salary or wages’ member; under the Income Tax Act. Instead, it is classified as a ‘withholding payment’ and the council is required by • the tax consequences of this status - whether the withholding payments regulations to deduct tax your remuneration as an elected member at 33% at the time of payment. is taxable, how it is taxed, and what sort of expenses you may deduct for tax purposes; Because of the nature of the relationship between and you and the council, you are entitled to deduct expenses incurred in earning your remuneration from • your tax oblications and the council’s tax the council. This means that you can deduct home obligations in respect of your remuneration. use expenses, miscellaneous expenses, and vehicle expenses if you incur these in the course of earning This information is a guide. For further information your council remuneration. and any queries you may have about your tax position you should speak to the IRD or your taxation You are not permitted to deduct election expenses. advisor. This applies whether you are an incumbent member seeking re-election or seeking election to the council In 1998, the IRD undertook a review of the tax status for the first time. These expenses are considered to be of elected members. In response to this review, of a private or domestic nature. Local Government New Zealand surveyed elected members and found that around 75% wished to be Your tax obligations and the council’s tax treated as ‘self-employed’ for tax purposes. People who receive withholding payments are required to file a tax return.
Accident Compensation Corporation
You will be invoiced by the Accident Compensation Corporation after filing your annual tax return.
64 Code of conduct
Clause 15 Part 1 The code can be amended but it cannot be revoked without replacement. To amend a code or adopt a Clause 15, Part 1, 7th Schedule of the Local new code, a vote of support, of not less than 75% of Government Act 2002 requires all local authorities to members present is necessary. adopt a code of conduct for members. A copy of Southland District Council’s code of Members must comply with the code, but a breach of conduct may be obtained by contacting the council it does not constitute an offence under the Act. on 0800 732 732.
65 Relationship between Māori and local government in Murihiku
Sharing decision making The charter is endorsed by Te Rūnanga o Ngāi Tahu in Christchurch. The charter: The evolving relationship between Māori and local government in Murihiku. • is based on a co-management model;
The four councils in Southland have an important • is unique in the South Island if not New relationship with Southland’s tangata whenua. Zealand; This relationship is based around a charter of understanding and primarily assists with the work • caters for resources and knowledge flows; that the councils do under the Resource Management Act 1991. • places the onus on Te Roopu Taiao as the management conduit; The charter is between Environment Southland, Invercargill City Council, Southland District • provides an open forum at beginning Te Council, Gore District Council and Te Ao Mārama Roopu Taiao hui for matawaka. Incorporated. Te Ao Mārama is authorised to represent the four runanga in Murihiku who hold The success of Southland local authorities’ unique mana whenua over all ancestral lands in Murihiku. As relationship with Māori and the charter has created an additional role, Te Ao Mārama has agreed to assist interest from other local government agencies and the Local Authorities through Te Roopu Taiao in their from the Ministry for the environment. wider responsibilities under the recently amended Local Government Act.
The charter is successful because of the atmosphere of trust that the parties operate in. No document can provide or develop trust in its own right and without the trust the document would be useless. It has had to be worked on. The arrangement works as shown in the following diagram.
Components of the structure are explained as follows:
66 • Te Roopu Taiao - meets four times a Council Māori Name year. Deals with the higher level political interface, budget setting, accessing resources, Council’s official Māori name is “Te Rohe Pōtae O commitments from members. Councillor Murihiku”, which means all-embracing shelter for the representatives from each council plus people of Southland District. officers, and representatives from each papatipu runanga in Southland.
• Te Ao Mārama Incorporated - the day- to-day management structure that is run and operated directly by tangata whenua. Representatives from each runanga and some representation from Te Rūnanga o Ngāi Tahu as and when required.
• Kaupapa Taiao Manager - effectively is the Iwi liaison officer role. Has direct contact with the councils on an almost daily basis. Deals directly with applicants for resource consents for affected party sign-offs. Responsible for the daily running of the Te Ao Mārama office.
67
TRIENNIAL ELECTION
12 October 2019
APPOINTMENT OF SCRUTINEER
The Electoral Officer Southland District Council C/- Independent Election Services Ltd PO Box 5135 Wellesley Street Auckland 1141
Email: [email protected]
I ______, a candidate for the office of
______, for the election being on
Saturday 12 October 2019, hereby appoint ______
as my scrutineer.
______Signature of candidate
______Date
NOTE: This letter must be returned to the electoral officer or deputy electoral officer no later than 24 hours before the close of voting (i.e. by noon Friday 11 October 2019).
RETURN OF ELECTORAL DONATIONS AND EXPENSES (Under section 112A of the Local Electoral Act 2001)
I, a candidate for Southland District Council
at the election held on 12 October 2019, make the following declaration: PART A: RETURN OF ELECTORAL DONATIONS (inclusive of GST) I, make the following return of all electoral donations received by me that exceed $1,500: Set out the following details in respect of every electoral donation received (other than an anonymous electoral donation) that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value: . the name of the donor; . the address of the donor; . the amount of the donation or, in the case of aggregated donations, the total amount of the donations; . the date the donation was received or, in the case of aggregated donations, the date that each donation was received.
NB: Section 103A Local Electoral Act 2001 defines “donation” as money or the equivalent of money or of goods or services or of a combination of those things used in the candidate’s election campaign over $300 in value. It excludes labour and goods and services that are provided free of charge reasonably valued at $300 or less.
NAME and ADDRESS of DONOR DESCRIPTION (include goods or services)* DONATION Date received Amount
* set out here if the donation is funded from contributions Total
Set out the following details in respect of every anonymous electoral donation received that exceeds $1,500: . the date the donation was received; . the amount of the donation; . the specific election campaign to which the donation was designated (see top of page); . the amount paid to the electoral officer and the date the payment was made.
NB: Section 103A Local Electoral Act 2001 defines “anonymous” as a donation made in such a way that the candidate who receives the donation does not know the identity of the donor, and could not, in the circumstances, reasonably be expected to know the identity of the donor.
ANONYMOUS DONATION DESCRIPTION (include goods or services) PAID TO ELECTORAL OFFICER Date received Amount Date paid Amount
Please turn page for more Electoral donations, Electoral Expenses and Declaration Total In the case of any electoral donation funded from contributions, set out the following details in respect of each contribution that, either on it’s own or when aggregated with other contributions made by the same contributor to the donation, exceeds $1,500 in sum or value: . the name of the contributor; . the address of the contributor; . the total amount of the contributor’s contributions made in relation to the donation. NB: Section 103A Local Electoral Act 2001 defines “contributions” as money or goods or services that have been given to a donor to fund, be applied to, or included in an electoral donation (for example, contributions to trust funds or a fundraising collection). NAME and ADDRESS of CONTRIBUTOR DESCRIPTION (include goods or services)* DONATION CONTRIBUTION Date received Amount
* set out here the electoral donation this contribution applies to. Total
PART B: RETURN OF ELECTORAL EXPENSES (inclusive of GST) I make the following return of all electoral expenses incurred by me: Set out the following details in respect of every electoral expense incurred by or on behalf of the candidate at the election in respect of any electoral activity:
. the name and description of every person or body of persons to whom any sum was paid; . the reason that sum was paid. Sums paid for radio broadcasting, television broadcasting, newspaper advertising, posters, pamphlets etc must be set out separately and under separate headings.
NAME and DESCRIPTION REASON for EXPENSES EXPENSES PAID
Total
Dated at this day of 2019.
Signature
THIS FORM IS REQUIRED TO BE COMPLETED (EVEN IF IT IS A NIL RETURN) AND PROVIDED TO THE ELECTORAL OFFICE, PO BOX 5135, WELLESLEY STREET, AUCKLAND 1141, BY 13 DECEMBER 2019.
NOTE: RECEIPTS ARE NOT REQUIRED TO BE RETURNED WITH THIS FORM. PLEASE RETAIN THESE FOR YOUR RECORDS. Notes
73 74
Candidate Information Handbook Southland District Council May 2019