CANDIDATE HANDBOOK 2019 Local Government Elections - Southern Health
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Candidate Information for the 2019 Elections Contents Introduction 4 Candidate Profile Statements 13 Electoral Officer 4 Size and Format of Candidate Profile Statements 13 Role of Electoral Officer 4 Translations 13 Election Timetable 5 Candidate Photos 13 About Southern DHB 6 Format of Candidate Photos 14 Our Vision 6 Correctness of Profile Statements 14 Our Purpose 6 Candidate Interest Statements 14 Our Values 6 Campaigning, DHB Resources and Social Media 15 Southern Services 6 DHB Resources 15 Partnership with Iwi 6 Election Advertising and Authorisation on Campaign Board Composition 6 Material 15 Board and Committee Meetings 7 Advertising Standards Code for Campaign Material 15 Members’ Remuneration 7 Campaign Expenditure Limits 15 Further Information 7 Return of electoral expenses 15 Health and Safety at Work Act 2015 8 SDHB’s Social Media Guidelines for Candidates 17 Electoral Rolls 8 Election Signage 18 SDHB Area Map 9 NZTA Guidelines for Managing Electioneering Signs on State Highways 18 Candidate Eligibility 10 Scrutineers 19 Evidence of NZ Citizenship 10 Role of Scrutineers 19 Nominations 11 Appointment of Scrutineers 19 Completion of Nomination Paper 11 Declaration 19 Other Names 11 Information to be Supplied by Electoral Officer 20 Titles 11 Arrangements for Roll Scrutiny, Preliminary and Official Resident in Area 11 Counts and any Recount 20 Standing in Other Elections 11 Restrictions on Scrutineers During Election and Poll Affiliations 11 Processes 20 Submitting the Nomination Documents 11 Conduct of Scrutineer 21 Candidate Withdrawals 12 Offences 21 Candidate Details 12 Voting and Processing of Votes 22 Nomination Deposit 12 Order of Candidates on the Voting Papers 22 Special Voting 22 Early Processing of Returned Voting Papers 22 Election Results 23 Recounts and Petitions for Inquiry 23 Appendix 1 - Return of Electoral Donations And Expenses 24 Appendix 2 - Electoral Expenses & Donations 25 Disclaimer: Every effort has been made to ensure that the information contained in this booklet is accurate and consistent with the Local Electoral Act 2001 and its amendments and regulations and the New Zealand Public Health and Disability Act 2000. The Southern District Health Board takes no responsibility for any errors or omissions. It is recommended that candidates obtain a full copy of the Act, which can be purchased from any Government Bookstore or viewed on-line at www.legislation.govt.nz. 3
Candidate Information for the 2019 Elections Introduction This booklet has been prepared as a guide to assist potential Electoral Officer candidates and others interested in election issues with Anthony Morton information specific to the Southern District Health Board (SDHB) election, and augments the general election information covered electionz.com Ltd in the “District Health Board Elections 2019 – Information for PO Box 3138 candidates” booklet published by the Ministry of Health. Christchurch 8140 This booklet should be used as a guide only, and candidates or Phone: 0800 666 048 other persons requiring more detailed information should contact Email: sdhb@electionz.com the Electoral Officer directly. No responsibility is taken for the accuracy of information in this booklet or candidates failure to Role of Electoral Officer comply with legislative requirements The role of the Electoral Officer (EO) is to conduct the election in The MOH booklet can be viewed online at accordance with the legislation. https://www.health.govt.nz/new-zealand-health-system/key- The EO has complete and final control over how the election is health-sector-organisations-and-people/district-health-boards/ carried out. The EO is employed by SDHB and is accountable to dhb-elections the Chief Executive (CE) of the Board, but does not take direction Hard copies of the MOH booklet can be requested by emailing from the CE, or elected or appointed members. postal address details to dhbappointments@moh.govt.nz. The EO is responsible for all staff, systems, resources, policies, The Local Electoral Act 2001, and its regulations, is the presiding procedures and actions to ensure that the democratic process legislation for local government elections. It covers all matters is carried out with utmost integrity, security and fairness for all pertaining to the conduct of the elections including voting parties. methods, voting systems, nomination requirements, electoral roll The conduct of local body elections is strictly regulated by requirements, length of voting period and progressive processing legislation including: period, candidate profiles, offences, and campaign expenditure limits. The New Zealand Public Health and Disability Act 2000 and • Local Electoral Act 2001 the Crown Entities Act 2004 cover specific eligibility criteria for • Local Electoral Regulations 2001 DHB elections. All candidates should familiarise themselves with • Local Government Act 2002 those Acts and the information as set out in this document. • Sale and Supply of Alcohol Act 2012 Copies of the legislation are available from the Government • NZ Public Health and Disability Act 2000 Bookshop, or they can be viewed on the internet at • Local Authorities (Members Interests) Act 1968 www.legislation.govt.nz Specific duties of the EO as outlined in Section 15 of the Local Electoral Act 2001 are: • The compilation and certification of electoral rolls • The publication of any public notice relating to elections and polls • Calling for and receiving nominations, candidate profile statements and deposits • Issuing and receiving of ordinary and special votes • Processing and counting of votes • Declaration of results • Receiving and dealing with returns of electoral expenses. Queries regarding the actions or performance of the Electoral Officer for SDHB should be directed to Jeanette Kloosterman, Board Secretary on (03) 476 9443 or jeanette.kloosterman@southerndhb.govt.nz 4
Candidate Information for the 2019 Elections Election Timetable 2019 Local Government Election Timetable From 1 July (Monday) 2019 nomination documents available From 17 July (Wednesday) Public notice of election – Otago Daily Times & Southland Times 19 July (Friday) Nominations open, electoral roll open for inspection 16 August (Friday) Nominations close at 12 noon, electoral roll closes From 21 August (Wednesday) Further public notice of election – Otago Daily Times & Southland Times By 23 August (Friday) EO receives final electoral roll data 16 September (Monday) EO compiles and certifies final electoral roll 20 September (Friday) Enrolment Services letter sent to electors on unpublished roll Delivery of ordinary voting documents starts 20 September (Friday) Ordinary and special voting opens 20 September to 12 October Voting period 11 October (Friday) Last day for appointment of scrutineers–by 12 noon Election Day–voting closes at 12 noon 12 October 2019 (Saturday) Progress results available as soon as practicable after close of voting 12 – 17 October Official count – process special votes Final results announced 17 October to 27 October Public notice of official declaration of election result – Otago Daily Times & Southland (as soon as practicable) Times (or as soon as practicable thereafter) Return of election expense declaration forms By 18 December (Wednesday) (55 days after date of declaration of results) 5
Candidate Information for the 2019 Elections About Southern DHB Southern DHB is responsible for planning, funding and providing As a ‘funder’ of health services, the DHB has contracts with a large government-funded hospital and primary health and disability number of NGOs, including WellSouth Primary Health Network services for the people of Southland and Otago. It employs (which has general practitioners and other health professionals approximately 4,655 staff to deliver health services worth over under its umbrella) pharmacies, aged residential care providers, $1 billion per annum to its population of approximately 326,280 and mental health service providers. The DHB also has funding people spread over 62,356 square kilometres. contracts with the following hospitals, which are run by local trusts: Clutha Health First (Balclutha), Dunstan Hospital (Clyde), Gore Our Vision Hospital, Oamaru Hospital and Maniototo Hospital (Ranfurly). Better health, better lives, whānau ora Partnership with Iwi Our Purpose Southern DHB and Māori have a shared role in implementing health strategies for Māori. Murihiku and Araiteuru Rūnaka To support everyone across our district to live well and access the and Southern DHB have a collective Principles of Relationship right care when they need it, by delivering high quality, patient- agreement to provide the framework for ongoing relations centred and equitable health services to our diverse communities. between the DHB and Kā Rūnaka. Kā Rūnaka is made up of a representative from each of the seven Our Values Rūnaka whose takiwā is in the Southern DHB: Kind Manaakitanga • Te Rūnanga o Awarua • Waihōpai Rūnaka Looking after our people: we respect and support each other. • Ōraka Aparima Rūnaka Our hospitality and kindness foster better care. • Hokonui Rūnaka • Te Rūnanga o Ōtākou Open Pono • Kāti Huirapa Rūnaka ki Puketeraki • Te Rūnanga o Moeraki Being sincere: we listen, hear and communicate openly and honestly and with consideration for others. Treat people how Board Composition they would like to be treated. The Southern DHB was formed on 1 May 2010 as the result of the merger of the Southland and Otago DHBs. Its area is divided Positive Whaiwhakaaro into two constituencies (Otago and Southland – see map below) Best action: we are thoughtful, bring a positiive attitude and are and voting is constituency-wide. There are seven elected Board always looking to do things better. members (four from Otago and three from Southland) and up to four other Board members are appointed by the Minister of Health. Community Whanaungatanga As family: we are genuine, nurture and maintain relationships to promote and build on all the strengths in our community. Southern Services Southern DHB is currently governed by a Commissioner, supported by three Deputy Commissioners, who will remain in office until elected Board members take office in December 2019. While responsibility for Southern DHB’s overall performance will rest with the Board, operational and management matters are delegated to the Chief Executive, who is supported by an Executive Leadership Team. Southern DHB funds or provides a comprehensive range of specialist, primary and community health services. As an ‘owner’ of hospital and specialist services, the DHB directly provides a significant share of the health services delivered in Southland and Otago via its hospitals in Invercargill, Dunedin and Queenstown. In 2017/18 it performed 13,219 elective procedures and there were 84,110 presentations to its emergency departments. 6
Candidate Information for the 2019 Elections Board and Committee Meetings Further Information Board meetings are held monthly. Further information can be found on the Southern DHB website: As required by the New Zealand Public Health and Disability Act www.southernhealth.nz 2000, the Southern DHB has three advisory committees to assist Key guiding documents for the DHB include: the Board with its planning and decision-making, which generally • New Zealand Public Health and Disability Act 2000 meet bi-monthly. These are: the Community and Public Health (www.legislation.govt.nz) Advisory Committee (CPHAC), the Disability Support Advisory • Crown Entities Act 2004 Committee (DSAC) and the Hospital Advisory Committee (HAC). (www.legislation.govt.nz) The DSAC and CPHAC currently hold joint meetings. • Public Finance Act 1989 (and subsequent amendment Acts) Other committees established by the Board/Commissioner (www.legislation.govt.nz) include the Finance, Audit and Risk Committee (FAR Committee), which meets monthly, and an Iwi Governance Committee (IGC) • New Zealand Health Strategy which meets bi-monthly. (http://www.health.govt.nz/publication/new-zealand-health- strategy) The Commissioner and previous Board alternated meetings between Invercargill and Dunedin, with occasional visits to other • New Zealand Disability Strategy areas within the Southern district. This means that members need (https://www.odi.govt.nz/nz-disability-strategy/) to be prepared to commit to being away from home for two days • Māori Health Strategy some months. (http://www.health.govt.nz/publication/he-korowai-oranga- maori-health-strategy) Members’ Remuneration • Southern DHB’s Annual Plan Board members are paid an annual fee for their service on the (www.southernhealth.nz/publications/southern-dhb-annual- Board. The current fees set by the Minister of Health for the plan-201819) Southern DHB are: • Southern DHB’s Annual Report (www.southernhealth.nz/publications/20172018-southern- Chair $52,500 dhb-annual-report) Board Deputy Chair $31,875 • Southern DHB Governance Manual (www.southernhealth.nz/about-us/about-southern-dhb/ Member $25,500 commissioner-team/governance-resources) Guidelines for Southern DHB staff members considering standing Statutory Advisory Chair $3,125 pr for the Board can be found on the MIDAS app on the intranet. Committees Member $2,500 pr Notes: pr – pro-rata payments are made if less than ten meetings are attended in a year. Statutory Advisory Committees – these are the Community and Public Health Advisory Committee, the Hospital Advisory Committee and the Disability Support Advisory Committee. In addition the Minister of Health has given approval for fees to be paid to members serving on audit, risk and finance committees. Board Members may be required to attend other informal committees, meetings, workshops, training events, public consultation meetings or functions as part of their duties. This is allowed for in the fee that members receive for sitting on the DHB Board and no extra payments are permitted to be made for these. Board members may claim reimbursement of actual and reasonable travel and accommodation expenses for attendance at Board and committee meetings. 7
Candidate Information for the 2019 Elections Health and Safety at Work Act 2015 The Health and Safety at Work Act 2015 (the Act) came into force Officers must ensure the business is meeting its health and safety on 4 April 2016. responsibilities by exercising due diligence to ensure the business For board members, the most significant implication is the understands and manages its key risks. To do this officers must introduction of the role of officer and the requirement for officers take reasonable steps to: to meet due diligence duties. - Keep up to date knowledge of health and safety What is an officer and what do they need to do? - Understand the operations of the business An officer is a person who holds a very senior leadership position, - Ensure and check that their business has appropriate and has the ability to significantly influence the management of a resources and processes for health and safety. business. For Southern DHB this includes board members and the Candidates should make themselves familiar with this new Chief Executive Officer. legislation which can be viewed at www.legislation.govt All board members will be briefed on their legislative requirements as part of their induction process. Electoral Rolls Each territorial local authority (TLA) must compile a preliminary Hard copies of the preliminary electoral rolls covering the electoral roll during July 2019. Those electoral rolls will include Southern DHB area may be purchased from the EO. A separate fee residents entitled to vote for the Board of the DHB. Copies of for each roll will apply, based on the size of each roll. the preliminary electoral roll for the election will be available for The final electoral roll is produced once the preliminary electoral public inspection during normal office hours from Friday 19 July roll closes on 16 August 2019. The final electoral roll is the roll 2019 to 5pm Friday, 16 August 2019 at the main office of each used for issuing voting papers. Copies of those rolls may be TLA. purchased as above. Every parliamentary elector, except those listed on the Information contained on the electoral roll is not available from unpublished electoral roll, will be included in the TLA electoral roll the electoral officer in an electronic form. covering the elector’s residential address. Parliamentary electors In limited circumstances, an electronic listing of resident electors listed on the unpublished roll are not included in TLA electoral is available from Electoral Services (provided the criteria of rolls and must apply for a special vote if they wish to vote in section 114 of the Electoral Act 1993 is met). An application form the election. Enrolment Services (Electoral Commission) write is required to be completed, and these are available upon request to those listed on the unpublished rolls, informing them of the direct from Electoral Services. The contact person is Ben Cline on election and how to source special voting documents if required. (04) 806 3560. Any alterations to the electoral roll, should be made: • by completing the appropriate form at any Post Shop or • by telephoning 0800 ENROLNOW (0800 367656) or • by accessing the Electoral Enrolment Centre website on www.elections.org.nz. 8
Candidate Information for the 2019 Elections SDHB Area Map 9
Candidate Information for the 2019 Elections Candidate Eligibility A candidate for SDHB elections must be: Notes: 1. Enrolled on a parliamentary electoral roll somewhere in New i. Any DHB candidate may also stand for other local authorities Zealand; and e.g. council, regional council, licensing trusts etc. providing 2. A New Zealand citizen (either by birth or naturalisation they satisfy their eligibility requirements. ceremony). [Section 25, Local Electoral Act 2001]. ii. Candidates are required to record on the nomination paper Restrictions on candidates for SDHB elections: if they are standing for election in any other elections in New a. A candidate may not stand for more than one DHB. Zealand. b. A candidate cannot nominate themselves for office. iii. Candidates need not necessarily be a resident in the SDHB area, but candidates are required to record on the nomination c. A candidate cannot be a person listed under S30(2) of the paper if they reside in the election area or not. Crown Entities Act 2004; namely: iv. Section 60 of the Local Electoral Act 2001 states: (a) a person who is an undischarged bankrupt: If the Electoral Officer receives advice before the close of (b) a person who is prohibited from being a director or nominations that a candidate is, or has become, incapable promoter of, or being concerned or taking part in the under any Act of holding the office for which he or she is a management of, an incorporated or unincorporated body candidate, that candidate’s nomination must be treated in all under the Companies Act 1993, or the Financial Markets respects as if it had not been made. Conduct Act 2013, or the Takeovers Act 1993: (c) a person who is subject to a property order under the Evidence of NZ Citizenship Protection of Personal and Property Rights Act 1988: It is now a requirement of the nomination process that all (d) a person in respect of whom a personal order has been candidates provide evidence of their NZ citizenship. made under that Act that reflects adversely on the person’s— This is to be provided at the time of candidate nomination. Acceptable evidence includes a copy of NZ Passport, NZ birth (i) competence to manage his or her own affairs in relation certificate, or NZ citizenship documentation. to his or her property; or (ii) capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare: (e) a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person: (f) a member of Parliament: (g) a person who is disqualified under another Act. d. An employee of SDHB can stand for election as an DHB member providing they meet the above eligibility criteria. It is recommended that any SDHB employee intending to stand for election discuss that intention with their manager prior to submitting a nomination so that ways to manage any potential conflicts of interest are discussed. 10
Candidate Information for the 2019 Elections Nominations Nominations open on Friday 19 July 2019 and close at 12 noon on Affiliations Friday 16 August 2019. The nomination paper provides for a party affiliation or other Each candidate must be nominated on the official nomination designation. paper available: Individual candidates not part of a political party may wish to • By phoning the toll free number 0800 666 048 (during normal nominate their designation as “Independent” or leave as blank office hours) (if left blank, nothing will show alongside the name on the voting • By downloading from the Board’s web site paper). www.southernhealth.nz A candidate requiring a specific party affiliation must have • By email request from sdhb@electionz.com authority to adopt the affiliation from the party concerned (i.e. a party letterhead or letter of consent are acceptable). This is a Completion of Nomination Paper safety measure to avoid any illegal adoption of party affiliations. Each nomination paper must have the consent of the candidate No party affiliation or other designation that is offensive in nature and be nominated by two electors whose names appear on the or likely to confuse or mislead electors will be accepted. electoral roll for the SDHB. If a candidate is unable to sign the nomination paper (e.g. Submitting the Nomination Documents absent overseas), a letter of consent signed by the candidate is Nomination documents for the 2019 SDHB triennial elections can acceptable to attach to the nomination paper. be lodged by either: Completed nomination forms will also be accepted by email • delivery to the Electoral Officer or Deputy Electoral Officer, provided the nomination deposit payment (or evidence thereof) Dunedin City Council, 50 The Octagon, Dunedin. is received in time. Dunedin City Council’s office hours for lodgement are: Mon – Fri 8.30 am to 5.00 pm, except on 16 August when 12 noon is Other Names the cut-off time for lodgement. If a candidate is commonly known in the community by a slightly • Or by email to elections@dcc.govt.nz. different name (e.g. Edward Smith is commonly known as Ted Note–All nomination documents must be submitted at the Smith) and has been known by this name for at least the last six same time, i.e. nomination paper, evidence of NZ citizenship, months (to the satisfaction of the Electoral Officer), the commonly candidate profile statement, candidate interest statement, known name may appear on the voting paper. photo, and nomination deposit or evidence thereof. A nomination will not be accepted if any components are missing. Titles Once lodged, nomination papers are checked to ensure the Titles (i.e. Dr, JP, Sir, Dame etc) are not permitted next to the candidate is eligible (name appears on a parliamentary roll) and candidate’s names on the voting paper or profile statement, but the nominators are two electors whose names appear on the can be included as part of the candidate’s 150 word profile text if electoral roll for the SDHB area. Formats of candidate profile desired. statements (CPS) provided are also checked. Should a nomination paper be lodged late in the nomination Resident in Area period, and/or be incorrectly completed or ineligible nominators A candidate must declare if they reside in the area of election or are provided, there may not be enough time to correct the not. This is shown at the top of the profile statement but does not situation and the nomination paper could be invalidated. To avoid count as part of the 150 word profile. this, candidates should ensure their nomination forms are lodged in sufficient time to be checked and allow correction if necessary. Standing in Other Elections A candidate must declare if they are standing for any other elections in New Zealand at these triennial elections. This is shown at the top of the profile statement but does not count as part of the 150 word profile. 11
Candidate Information for the 2019 Elections Candidate Candidate Details Withdrawals Confirmed candidate details will be made available from the DHB A candidate can withdraw their nomination by application to website. The details will be updated on a regular basis throughout the Electoral Officer up to the close of nominations i.e. 12 noon, the nomination period and will include at least the candidate Friday 16 August 2019. name and any affiliation claimed. Candidates cannot strategically or politically withdraw their As soon as possible after nominations have closed a file of nomination once nominations have closed. Candidates may only candidate contact details will be available for download from withdraw after the close of nominations for medical reasons, i.e. the DHB website. Candidates may be contacted by journalists, incapacity. advertisers, pollsters and other groups interested in election matters. A medical certificate must be provided for a withdrawal notice to be accepted by the electoral officer. An application can be made by a candidate or an agent on their behalf. Nomination Deposit Each nomination paper lodged, requires a deposit of $200 (including GST). If an election is required the deposit is refunded if the candidate polls greater than 25% of the lowest successful candidate in the SDHB election. The deposit is also refunded if no election is required. Payment of the nomination deposit can be made by cash, EFTPOS or online banking. However, should an online banking transaction be dishonoured or declined, the nomination becomes invalid as the deposit has not lawfully been made. If this occurs after the close of nominations, then the nomination is invalid and the candidate will be withdrawn. Cheque payments of nomination deposits will not be accepted. Details for the payment of the deposit by online banking are shown on page 2 of the nomination form. If paying by online banking, evidence of the transaction must be provided at the time the nomination documents are submitted, i.e. a print out of the transaction receipt. The nomination form also sets out the reference and code details required for each online payment. Nomination forms, with the deposit and the candidate profile statement and photograph, can be sent to the Electoral Officer by mail or e-mail, but should the papers be received by the Electoral Officer or Deputy Electoral Officer after the close of nominations, the nomination is invalid. It is the responsibility of the candidate to ensure all nomination documents are submitted together and that they are all complete. The lodgement of nomination documents should not be left to the last minute. Nominations close at 12 noon, Friday 16 August 2019. 12
Candidate Information for the 2019 Elections Candidate Profile Statements The Local Electoral Act allows for candidate profile statements Any non-English candidate profile content must be supplied with (CPS) of up to 150 words to be provided by each candidate with the following formatting: the completed nomination form. If an election is required these • Font–Times New Roman (or Equivalent) are then collated by the Electoral Officer and forwarded to • Point Size–9 point size, 11 point line spacing electors in a booklet with the voting papers. • No special formatting of text – e.g. no bolding, no italics, no Candidate profile statements must be provided electronically via underlines, no quote marks, etc. email or on a media device, in a MS Word document that has been spell checked. As the Electoral Officer could receive dozens of profiles, consistent format of delivery and content is required Translations (refer to guidelines below). The following contact details are given for a translation company, Candidate profile statements are governed by Sections 61 and 62 for those candidates who are unable to prepare the translation of the Act. image themselves or do not know of anyone to do this for them: If the nomination forms are being personally delivered, a hard Pacific International Translations (NZ) Ltd copy of the typed profile must be provided at the same time. P O Box 8567 Hand written profiles will not be accepted. Symonds Street Auckland Size and Format of Candidate Profile Phone: 09 9135290 Statements Fax: 09 9135291 Candidate profile statements can be submitted in a range of Email: info@pactrans.co.nz languages, but there must be an English version available–refer to The translation service will provide the translations in the above the table below for the word limits. format to meet the requirements of the printer, the cost of which The format requirements for profiles are: is to be met by the candidate. The English text must be plain text, in paragraphs, with no special formatting, i.e. Candidate Photos • No bold, italic, underlining etc. features Candidates may also submit a recent (less than 6 months old) photograph for inclusion with the candidate profile statement in • No tabs the booklet to accompany the voting papers. Photos should also • No quote marks be provided electronically, on a media device as an attachment to • No bullet points an email to the Electoral Officer. The profiles will be loaded into software provided by the printer If hard copy photographs are provided, then two copies of each that will automatically apply the required font, type size, line photo should be provided with the candidate’s name clearly spacings etc. If there is no profile statement or photo from a printed on the rear of each photograph (Care needs to be taken candidate, then “No Profile Statement and/or Photo provided.” when labelling hard copies of photos to ensure the photo image text or similar will be printed in the profile book. is not damaged in the process). Photos will not be returned to candidates. Examples of CPS’s A English = 150 words B Māori = 150 words C English + Māori = 300 words (must be substantially consistent with each other) D 1 Other Language (Non English / Māori) + English Translation OR Māori Translation = 150 words E 2 Other Languages (Non English / Māori) + English Translation OR Māori Translation = 150 words F 3 + Other Languages (Non English / Māori) + English Translation OR Māori Translation = 150 words 13
Candidate Information for the 2019 Elections Format of Candidate Photos Candidate Interest Statements Candidate photos are to be a head and shoulders shot only, with While the choice to submit a candidate profile statement (CPS) nothing else in the photo, i.e. no hats, sunglasses, pets, external is optional for candidates, any DHB candidate must submit a objects or impediments, or other people. They should be in candidate interest statement (CIS). The CIS needs to disclose any colour. If necessary the EO will crop the photo accordingly but the conflicts of interest a candidate has with the DHB at the time onus is on the candidate to provide a photo of the candidate only of their nomination. Sample CIS wordings are listed in the MOH that complies with this format. Information for Candidates booklet. Electronic copies of photos should be scanned as a jpeg at a minimum of 600 dpi. Any queries regarding the format of photos and profiles are to be made to the EO. Note: The onus is on the candidate to ensure that all nomination documents including the profile and photo are submitted to the Electoral Officer by 12 noon, Friday 16 August 2019. Correctness of Profile Statements The candidate is responsible for ensuring that the candidate profile statement and candidate interest statement contains correct grammar, spelling, punctuation, etc. The Electoral Officer may make corrections to the statements without affecting content but accepts no responsibility to make any correction. The candidate should ensure the statement is correct when submitted and not expect any corrections to be applied. The Electoral Officer is not required to verify or investigate any information included in a candidate profile statement or candidate interest statement. The Electoral Officer will take no responsibility for the accuracy of the content. A disclaimer concerning the accuracy of the information contained in the statements will be published in the profile statement booklet. If the profile statement, candidate interest statement or photo does not comply with the legislative requirements, the Electoral Officer will as soon as practicable, return the statement to the candidate and specify his/her concerns and the reasons therefore. The candidate will then have up to three (3) days to submit an amended candidate profile statement to the Electoral Officer. A candidate is to be treated as having failed to provide a candidate profile statement, if the candidate fails to submit an amended candidate profile statement within the requested time frame, or submits an amended candidate profile statement that, in the opinion of the Electoral Officer, does not comply with the requirements. Where the Electoral Officer is not satisfied that the candidate profile statement complies and cannot reach agreement with the candidate within the period specified, but the candidate has submitted a suitable photograph, the Electoral Officer will act as if the written part of the statement was never received but still publish the photograph in the candidate profile booklet to be included with the voting paper sent to each elector, as well as a message to the effect that a statement was not supplied. 14
Candidate Information for the 2019 Elections Campaigning, DHB Resources and Social Media Election campaigning can commence anytime but should cease by Advertising Standards Code for Campaign the close of voting, i.e. 12 noon, Saturday 12 October 2019. Material There are generally no rules around conduct of campaigning by Candidates are reminded to be socially responsible and truthful candidates, although there are certain election offences, which with the content of their campaign material. Campaign are detailed in the Local Electoral Act 2001. Please refer to them advertisements are subject to the Advertising Standards Authority for your own protection. (ASA) Code. Wherever facts are quoted, the Code is strict that No election material can contain: the facts must be correct, however, where a person holds a • any untrue statement defamatory of any candidate and broad view or opinion, the Code allows them to do so. The ASA calculated to influence the vote of any elector. settles disputes during elections within two to three days, and • an imitation voting paper which has the names of the take complaints from electoral officers and the public. The usual candidates with any direction or indication as to the candidate penalty for breaches of the code is for the advertising to be a person should vote for, or in any way contains such direction removed. or indication likely to influence the voter. N.B. The cost of framing to hold up an election sign is not an item Voting papers should not be collected from electors by candidates of campaign expenditure. or their assistants. Each elector is required by law to post or deliver his or her own voting paper to the Electoral Officer or Campaign Expenditure Limits official voting boxes located at the council offices, libraries etc Candidates have campaign expenditure limits and are required within the within the SDHB area. to file an expenditure return with the Electoral Officer after the election (see next section). The campaign limits are based on the DHB Resources estimated 2018 populations of each constituency as sourced from Candidates are not permitted to use SDHB resources for the Department of Statistics. campaigning purposes. SDHB resources includes but are not Campaign expenditure is all expenses relating to the campaign limited to SDHB’s logo and branding, website, facebook page, from the period 3 months before election day, i.e. all expenditure twitter account, any forms of social media, computers, email, from 12 July 2019 to 12 October 2019, plus an apportionment of mobile phones, faxes, stationery, photocopiers, printers, stamps, any campaign expenditure incurred prior to 12 July 2019. cars, meeting rooms and venues (except those available for public The campaign expenditure limit (inclusive of GST) for the SDHB hire). elections for 2019 is: Election Advertising and Authorisation on Otago Constituency $60,000 (inclusive of GST) Campaign Material Southland Constituency $55,000 (inclusive of GST) Election advertising, using any media, including social media, must identify the person under whose authority they have been Return of electoral expenses produced, as per sections 113-115 of the Local Electoral Act 2001. Each candidate is required to keep a record of all campaign This means that for posters, adverts, billboards, flyers, vehicle election expenses, and must furnish a return to the Electoral signage, websites, Facebook pages etc, each advertising item Officer within 55 days of the election result being declared, must have a sentence at the bottom saying that it is authorised estimated to be no later than Wednesday 18 December 2019. by the candidate or agent, i.e. “Authorised by Joe Citizen, 20 Main The return of electoral expenses and electoral donations form once St, Tinseltown.” This authorisation must be clearly visible on any returned becomes a public document and can be inspected by any campaigning material including signs and billboards person for a period of 7 years after receipt. The Electoral Officer Please note: a physical address must be provided in any is required to make the return and any supporting documents authorisation text, i.e. it cannot be a PO Box, Private Bag or a available on the SDHB website for seven years. rural delivery number. There must be a reasonable expectation A model election expenses return form is attached as Appendix 1. that anyone wishing to discuss the advertising can do so with the The relevant sections of the Local Electoral Act 2001 on election candidate or their agent at the address listed. The use of a DHB expenses is attached as Appendix 2. property address is not permitted in the authorisation address. Note: 1) Candidates are required to keep evidence of any election expenses for amounts exceeding $200. 2) All candidates must submit a return of election expenses and donations form even if no expenses have been incurred or donations received. 15
Candidate Information for the 2019 Elections Candidate Expenses The following are not candidate donations: Sec 104 of the Local Electoral Act lists the following definition of • volunteer labour electoral expenses, in relation to a candidate at an election,— • goods or services provided free of charge to a candidate, or to (a) Means expenses that are incurred by or on behalf of the any person on the candidate’s behalf that have a reasonable candidate in respect of any electoral activity; and market value of $300 or less (b) includes expenses that are incurred by or on behalf of the • money provided by the candidate for his or her own candidate, before or after the applicable period before the campaign. close of polling day, in respect of any electoral activity; and If a person or organisation gives or pays for goods or services that (c) includes the reasonable market value of any materials applied would otherwise be candidate election expenses, the reasonable in respect of any electoral activity that are given to the market value of those items, whatever their value, should be candidate or that are provided to the candidate free of charge recorded as an election expense. If the reasonable market or below reasonable market value; and value of the items exceeds $300 it should also be recorded as a (d) includes the cost of any printing or postage in respect of any donation. electoral activity, whether or not the expenses in respect of Donations made up of contributions the printing or postage are incurred by or on behalf of the Donations to candidates can be made up of pooled funds candidate; but contributed by more than one person (referred to in the Act as (e) does not include the expenses of operating a vehicle on which donations funded from contributions). These types of donations election advertising appears if that vehicle is used in good include, for example, campaign donations made through a faith by the candidate as the candidate’s personal means of trust, or where there is a fundraising collection for a candidate’s transport; and campaign (section 103A LEA). The total proceeds of a collection (f) does not include expenses incurred by the candidate in are treated as a donation under the Act. The person who collects preparing a candidate profile statement; and the money will normally be the donor. The individuals who (g) does not include the labour of any person that is provided to contribute to the collection are contributors for the purposes the candidate free of charge by that person; and of the Act. If an electoral donation, other than an anonymous donation, is made up of contributions, the transmitter or donor (h) does not include the cost of any framework (other than a must tell the candidate: commercial framework) that supports a hoarding on which an advertisement is displayed. • the name and address of the donor Note – the $200 nomination deposit fee is not an electoral • whether the donation is made up of contributions expense. • the total amount of individual contributions of $1500 or less Definition of electoral donation • in the case of individual contributions greater than $1500, the name, address, and contribution of each contributor. An electoral donation is a donation of money, goods or services that is made for use in a candidate’s election campaign (section If the candidate knows, or has reasonable grounds to believe, that 103A LEA). Electoral donations and contributions to donations, the donor has failed to supply information about contributions, of more than $1500 incl. GST are required to be declared in the whole donation must be returned to the donor. the candidate’s return of donations and expenses. A series of Transmitted donations donations made by one person that adds up to more than $1500 A donation can be made either directly by the donor to the must also be declared. An electoral donation includes: candidate or indirectly by a transmitter who transmits a donation • where a candidate is provided with goods or services free of to the candidate on someone else’s behalf, for example via charge that have a reasonable market value greater than $300 a lawyer’s trust fund. Any person who receives a candidate • where a candidate is provided with discounted goods or donation on the candidate’s behalf must transmit it to the services and the reasonable market value of the goods or candidate within 10 working days. When transmitting a donation, services is greater than $300, the difference between the the transmitter must tell the candidate: contract or agreed price and the reasonable market value of • that the donation is being transmitted on behalf of a donor those goods and services is a donation • the name and address of the donor • where a candidate sells over-valued goods or services, the • whether the donation is made up of contributions difference between the price paid and the reasonable market value is a donation, for example a fundraising auction or • the total amount of contributions of $1500 or less dinner. • in the case of contributions greater than $1500, the name, address, and contribution of each contributor. 16
Candidate Information for the 2019 Elections Where a transmitter does not disclose the name and address a statement saying that all content/images on your social of the donor, the donation must be treated as an anonymous media channel are authorised by you or your agent. You must donation (see below). include a physical address in the authorisation statement (not a PO Box, private bag or rural number), and you must not use Anonymous donations any address owned or operated by the SDHB. Candidates are not permitted to retain anonymous donations • The DHB’s social media accounts (listed below), including exceeding $1500. An anonymous donation is a donation made but not limited to Facebook, Twitter, Instagram, LinkedIn in such a way that the candidate who receives the donation and Neighbourly, are not permitted to be used as a does not know the identity of the donor and could not, in the communications channel by anyone (candidates or members circumstances, reasonably be expected to know the identity of the public) for promotion, electioneering or campaigning. of the donor (section 103A LEA). If a candidate receives an This also applies to all social media accounts owned by DHB- anonymous donation greater than $1500, he or she may retain controlled organisations. $1500 of that donation. The balance of the donation must, within 20 working days of receipt, be paid to the electoral officer for • The DHB’s social media accounts are constantly monitored payment into the general fund of the local authority. and any campaign related or electioneering content will be removed immediately. Applicable period for donations • If SDHB already follows your public social media accounts, There is no provision within the Local Electoral Act 2001 or please note you will be unfollowed 3 months prior to the it’s regulations specifying a period for recording or declaring election date. This protocol is in line with the Local Electoral donations. On that basis, all qualifying donations contributed for Act 2001. use in a candidate’s election campaign for the 2019 triennial local • Any social media post – positive or negative – made by any body elections should be recorded and included in the candidate’s individual specifically relating to their own – or someone else’s return of election expenses and donations. – nomination, intention to run for DHB, or election campaign, will be removed immediately. SDHB’s Social Media Guidelines for • Candidates cannot reply to the DHB’s social media posts or Candidates share with a comment encouraging people to like or follow Candidates must comply with the following guidelines for web their own social media accounts or any other electioneering and social media use and presence related to campaigning. tool. Any posts that do this will be removed immediately. Things to be aware of: • Candidates must not link their own social media accounts (if • During the lead up to elections, the Commissioner and Deputy they are used for campaigning purposes) to the DHB’s social Commissioners may be used in social media posts where it is media accounts. appropriate and is considered ‘business as usual’ to use them. • Candidates cannot rate, review, check-in or tag the DHB’s This may be in images or quotes. social media channels. • Election advertising, using any media, including social media, • The DHB’s social media accounts will remain neutral. SDHB must identify the person under whose authority they have will promote elections and the importance of voting but will been produced, as per sections 113-115 of the Local Electoral not associate these posts with any candidates. Act 2001. This means in your profile photo/bio, you must have For the sake of clarity, SDHB’s web and social media channels are: Website https://www.southernhealth.nz/ @southerndhb Facebook https://www.facebook.com/southerndhb/ Twitter @southernDHB Instagram @southerndhb Linkedin https://nz.linkedin.com/company/southern-district-health-board-new-zealand 17
Candidate Information for the 2019 Elections Election Signage Election signs are hoardings, posters, signs advertising on vehicles 1.4 For safety reasons, vehicle mounted signs situated on state etc that are used to display information relating to the election highway reserves are not permitted. of candidates and/or choice of a political party and/or the 1.5 To minimise staff involvement, NZTA shall: promotion of issues relating to a referendum. • act quickly on inquiries from political parties and the Each territorial local authority within the SDHB area will have public; their own rules or by-laws covering election signage and • instruct network consultants to inspect all state highway’s candidates wishing to campaign via this medium should contact for compliance every 7 to 10 days; each relevant territorial local authority for their specific signage requirements directly. Additionally, the New Zealand Transport • phone/fax the parties/candidates where there is non Agency (NZTA) will have separate signage requirements for compliance, requesting action/removal within 48 hours; advertising material placed on or adjacent State Highways. and Generally, for safety reasons, election signage is not allowed on or • instruct consultants to remove the signs if there is no alongside State Highways. action after 48 hours. Note: The cost of framing to hold up an election sign is now not 1.6 Where any sign is erected without NZTA approval in an an item of campaign expenditure. obviously unsafe location it must be removed immediately and stored undamaged. The party must then be advised of NZTA Guidelines for Managing the storage location for retrieval at a fee of $50 to cover NZTA costs. Electioneering Signs on State Highways 2. On property adjoining rural state highways and on urban state The guideline objectives are to minimise the potential for road highway reserves and adjoining property [local authorities to crashes arising from drivers being distracted by indiscriminate manage] (where urban areas relate to state highway’s with installation of electioneering signs and to ensure consistency of speed limits of 70 km/h or less). application of NZTA policy on such signs with minimal involvement by NZTA. 2.1 NZTA shall refer all applicants/parties to the appropriate local authority. 1. On Rural State Highway Reserves [NZTA to Manage] 2.2 Although it is expected that local authorities will administer 1.1 Signs should generally be located off state highway reserves. their own controls in terms of district plans, NZTA should In exceptional circumstances only, signs may be erected within make known its views that any signs should meet the NZTA the state highway reserve with the written approval of state policy requirements set out in paragraphs 1.3 and 1.4 above. highway managers. 2.3 Beyond appropriate liaison with local authorities to convey 1.2 For the exceptional circumstance to apply, the applicant must the above policy, NZTA shall have no other involvement with be able to demonstrate that all other options have been signs in these areas. exhausted and that there is no other appropriate safe location for the sign. 1.3 Signs must: • not be reflectorised; • be located generally giving consideration to visibility and traffic safety; • not be on or adjacent to motorways; • not be erected in a manner that will create distraction or danger to road users; and • not imitate any official traffic signs. 18
Candidate Information for the 2019 Elections Scrutineers Role of Scrutineers Appointment of Scrutineers • The Local Electoral Act 2001 (LEA) and the Local Electoral • For a local authority election a candidate may appoint one or Regulations 2001 (LER) do not specify in detail the role of more scrutineers (Section 66 LEA). scrutineers. However, the general role of scrutineers is to • In relation to a local authority poll, 10 or more electors, who oversee and observe certain election or poll procedures to are either in favour of or opposed to the proposal being ensure they are undertaken fairly and that votes are counted polled, may appoint 1 or more scrutineers (Section 67 LEA). consistently and accurately. • Every scrutineer appointed under Sections 66 or 67 of the Act • The election or poll procedures which scrutineers are must be appointed in writing (a model letter of appointment is statutorily permitted to oversee and observe are: contained in the back of this section). • Scrutineering of Roll (Sections 81 and 83 LEA and Clause • An appointment as scrutineer is not valid unless a copy of the 55 LER). This involves comparing the rolls used at the notice of appointment is delivered by the candidate or the election or poll upon which there is recorded the fact that 10 electors to the electoral officer. The electoral officer must an elector has voted. The objective is to establish any dual receive this notice not less than 24 hours before the close of voting which is disallowed. the voting period. The deadline is Friday 11 October 2019 in • Preliminary and Official Counts (Section 84 LEA, and the case of this year’s local authority elections (Section 68(1) Clauses 59, 60 and 62 LER). The preliminary count involves LEA). It is suggested that a scrutineer should always carry a the first count of votes immediately following close of copy of this notice when undertaking scrutineering duties. voting. The outcome is the preliminary result announced • Section 68(3) of the Act contains three restrictions on who on polling day. The official count follows the preliminary may be appointed a scrutineer. No person can be a scrutineer count and includes any remaining special votes. It can if they are: commence on polling day and due to special voting issues • a candidate in the elections; or is usually completed on the Monday or Tuesday following polling day. • a member or employee of any local authority or community board for whom the election or poll is being Note: With electronic processing, the count processes held; or are computerised tasks undertaken once required reconciliations have been completed. Both counts • under 18 years of age. (preliminary and official) are likely to take several minutes to complete. Declaration • Recount (Section 91 LEA). A recount takes place on the • No person appointed as a scrutineer can carry out order of a district court judge following an application scrutineering duties until he or she has completed a from a candidate. When required, it involves a recount of declaration (Section 14(2) LEA and Clause 91 LER). the relevant voting documents. • The key obligations for a scrutineer arising from the • In observing the processes above, it is lawful for a scrutineer declaration is that he or she: to pass on information to any person of the names of persons • will well and truly serve in the office of scrutineer; and who have voted (Section 68 LEA). The passing on of any • will not directly or indirectly disclose any fact coming to his other information is not permitted – see offences later in this or her knowledge at the election or poll that he or she is booklet. required by the Act not to disclose. • Given that the practice has been for all local authority • A person appointed as a scrutineer must report to the elections to be conducted by postal voting and not by booth electoral officer or deputy electoral officer on the first day voting as per parliamentary elections, scrutineers are less on which he or she is to undertake any scrutineering duty involved in the local elections process than for parliamentary to complete the required declaration. Upon completing elections. the declaration, the scrutineer will be given a ‘scrutineer’ • Scrutineers are not entitled or empowered to interfere nametag. This nametag must be returned to the electoral with the conduct of an election or poll or raise questions officer when the scrutineer leaves the premises where he or of procedure or law with electoral officials. If a scrutineer she is acting as a scrutineer. believes that electoral procedures are not being followed, he or she should draw the matter to the attention of the electoral officer. 19
Candidate Information for the 2019 Elections Information to be Supplied by Electoral Restrictions on Scrutineers During Election Officer and Poll Processes • As soon as practicable following the appointment of a • Pursuant to Section 80 of the Act, the EO will process voting scrutineer, the electoral officer will advise that person of: documents during the voting period. Scrutineers are prohibited • arrangements for the election or poll process that he or under Section 81 of the Act from being present during the she has been appointed for early processing of voting documents. Early processing of voting documents does not involve counting or totalling votes • what restrictions apply to scrutineers; and for any candidate for election or for or against any proposal • how that person is expected to conduct themselves. in a poll. Counting of votes can only commence for the preliminary count after the close of voting i.e. after 12 noon, Arrangements for Roll Scrutiny, Preliminary Saturday 12 October 2019. and Official Counts and any Recount • It is permissible for a candidate in the case of an election, and • The electoral officer will advise the scrutineer: for 10 electors in the case of a poll, to appoint more than one scrutineer. However, only one scrutineer for any candidate • where he or she should go, and at what time, to complete can be present at the same place to undertake scrutineering the required declaration before any scrutineering duties duties. can be undertaken • It is permissible for scrutineers at any time to leave and return • when and where any planned briefing of candidates and to the undertaking of the roll scrutiny, and after close of scrutineers about election processes is to be held voting, the preliminary and official counts. Upon returning to • when and where any planned briefing of electoral officials the process, a scrutineer has no power or right to expect the about the election or poll process is to be held electoral officer to go back for his or her benefit and repeat • where the scrutiny of the roll will be conducted (address the activities in relation to voting documents that were dealt and office) with in his or her absence. The same practice will apply if • what days and time that the scrutiny of the roll will take a scrutineer is late for the commencement of any of these place processes. • that the preliminary count of voting documents will commence at 12 noon on Saturday 12 October 2019 • when and where the official count will commence and take place and on what days it will extend over if there are special votes to clear with the Registrar of Electors • on how the preliminary and official counts will be undertaken – manually or electronically • if a recount has been ordered by a district court judge, where and when that recount will take place • that no remuneration will be paid to any scrutineer by the local authority for the undertaking of scrutineering duties. Candidates should note that all vote processing will be carried out in Christchurch and that if they wish to appoint scrutineers all costs thereof are to be met by the candidate. 20
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