Environment Canterbury - Candidate Information Booklet 2019 Local Government Elections
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Environment Canterbury Candidate Candidate Information Information Booklet Booklet 2019 2019 Local Local Government Government Elections Elections
Candidate Information for the 2019 Elections Contents Introduction 4 Election Signage 20 Electoral Officer Appointment 4 NZTA Guidelines for Managing Electioneering Signs on About electionz.com 4 State Highways 20 Electoral Officer & Deputy Electoral Officer 4 Voting and Processing of Votes 21 Role of Electoral Officer 5 Order of Candidates on the Voting Papers 21 Election Principles 5 Special Voting 21 Election Timetable 6 Early Processing of Returned Voting Papers 21 Candidate Information Presentation 6 Election Results 22 Election Issues 7 Recounts and Petitions for Inquiry 22 Population Statistics 7 Constituency Maps 23 Governance Information 8 Canterbury Regional Council Constituencies 2019 23 Council’s Responsibilities 8 Canterbury Regional Council Constituencies - Christchurch Detail 2019 24 Councillor – Base role description 8 Appendix 1 - Candidate Profile Statements 25 Additional Information 8 Local Authority Elections 2019 25 Members Interests 9 Duties, Powers and Responsibilities of Electoral Officers 25 Members’ Remuneration 9 Distribution of Candidate Profile Statement 25 Health and Safety at Work Act 2015 9 Appendix 2 - Return of Electoral Donations and Expenses 26 Inaugural Meeting 10 Appendix 3 - Electoral Expenses and Donations 27 Pre-election Report 10 Appendix 4 - Scrutineers 30 Electoral Systems 10 Role of Scrutineers 30 Electoral Roll 11 Appointment of Scrutineers 30 Candidate Eligibility 11 Declaration 30 Nominations 12 Information to be Supplied by Electoral Officer 31 Completion of Nomination Paper 12 Arrangements for Roll Scrutiny, Preliminary and Official Submitting the Nomination Documents 12 Counts and any Recount 31 Candidate Details 13 Restrictions on Scrutineers During Election and Poll Nomination Deposits 13 Processes 31 Candidate Withdrawals 13 Conduct of Scrutineer 32 Candidates who have a Protection of Property Rights Court Offences 32 Order 13 Appendix 5 - Appointment of Scrutineer 33 Candidate Profile Statements 14 Appendix 6 - Election Offences 34 Translations 14 Local Electoral Act 2001 34 Candidate Photos 14 General Provisions 37 Correctness of Profile Statements 15 Campaigning, Council Resources and Social Media 16 Council Resources 16 Election Advertising 16 Advertising Standards Code for Campaign Material 16 Campaign Expenditure Limits 16 Return of Electoral Expenses 17 Social Media Guidelines for Candidates 18 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. Environment Canterbury 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 The Canterbury Regional Council is referred to as Environment About electionz.com Canterbury throughout this booklet. electionz.com provides public and private sector election services This booklet outlines information which may be of interest to for council, producer boards, companies, associations, non-profit potential candidates and others interested in election issues organisations, schools, universities and companies. with general information on the election. It should be used as For the 2019 local body elections electionz.com will be processing a guide only, and candidates or other persons requiring more voting papers for forty two local authorities, using both First detailed information should contact the electoral officer or Past the Post (FPP) and Single Transferable Vote (STV) voting deputy electoral officer directly. No responsibility is taken for the methods. The processing of voting papers is being carried out in accuracy of information in this booklet or candidates’ failure to Christchurch. comply with legislative requirements. Additionally, for the 2019 triennial elections electionz.com will The Local Electoral Act 2001 (LEA), its amendments and be providing electoral officer services to thirty two district or city regulations, is the presiding legislation for local government councils, four regional councils and ten district health boards. elections. It covers all matters pertaining to the conduct of the elections including voting methods, voting systems, nomination In addition to local government election processing, electionz.com requirements, electoral roll requirements, length of voting period also provides returning officer services as well as internet voting, and progressive processing period, candidate profiles, offences, internet surveys, and telephone voting on contract to private and and campaign expenditure limits. All candidates should familiarise public organisations. themselves with the LEA and the information as set out in this document. Electoral Officer & Deputy Electoral Officer Copies of the LEA and its regulations are available from the Anthony Morton has extensive local government and electoral Government Bookshop, or they can be viewed online at officer experience. He has worked in excess of 20 years for various www.legislation.govt.nz. South Island councils in Waimate, Oamaru and Southland before joining electionz.com in 2000. Since joining electionz.com he has Electoral Officer Appointment worked on more than 1,000 elections for many public and private organisations in NZ, including Fonterra Co-operative Group, Beef Environment Canterbury has engaged electionz.com Ltd as it’s & Lamb New Zealand, TECT, Ballance Agri-nutrients, Ravensdown, election contractor for the 2019 local body elections. DairyNZ, The Co-operative Bank, Fish & Game NZ, NZ Teachers As part of that contract, Anthony Morton, has been appointed Council etc. electoral officer by the Council. Siân Daly is the Team Leader Governance Services for Environment Canterbury, situated in the Christchurch office. She has extensive knowledge of local and central government electoral processes and over 10 years’ experience in governance and strategy leadership roles. Electoral Officer Anthony Morton, electionz.com Ltd, PO Box 3138, CHRISTCHURCH. Phone: 0800 666 048 Fax: 03 377 1474 Email: ecan@electionz.com Deputy Electoral Officer Siân Daly, Environment Canterbury (Christchurch Office) PO Box 345, Christchurch 8140. Phone: 03 367 7342 Email: sian.daly@ecan.govt.nz 4
Candidate Information for the 2019 Elections Role of Electoral Officer Election Principles The role of the electoral officer (EO) is to conduct the election in The electoral principles contained in section 4 of the LEA are accordance with the legislation. outlined below. The principles must be taken into account in the The EO has complete and final control over how the election is conduct of any election or poll. carried out. The EO is employed by Council and is accountable “4 Principles to the chief executive of the Council, but does not take direction (1) The principles that this Act is designed to implement are the from the CE, or elected or appointed members. following: The EO is responsible for all staff, systems, resources, policies, (a) fair and effective representation for individuals and procedures and actions to ensure that the democratic process communities: is carried out with utmost integrity, security and fairness for all (b) all qualified persons have a reasonable and equal parties. opportunity to — The conduct of local body elections is strictly regulated by (i) cast an informed vote: legislation including: (ii) nominate 1 or more candidates: • Local Electoral Act 2001 (iii) accept nomination as a candidate: • Local Electoral Regulations 2001 (c) public confidence in, and public understanding of, local • Local Government Act 2002 electoral processes through— • Sale of Liquor Act 1989 (i) the provision of a regular election cycle: • NZ Public Health and Disability Act 2000 (ii) the provision of elections that are managed • Local Authorities (Members Interests) Act 1968 independently from the elected body: Specific duties of the electoral officer as outlined in Section 15 of (iii) protection of the freedom of choice of voters and the the Local Electoral Act are: secrecy of the vote: • The compilation and certification of electoral rolls (iv) the provision of transparent electoral systems and • The publication of any public notice relating to elections and voting methods and the adoption of procedures that polls produce certainty in electoral outcomes: • Calling for and receiving nominations, candidate profile (v) the provision of impartial mechanisms for resolving statements and deposits disputed elections and polls. • Issuing and receiving of ordinary and special votes (2) Local authorities, electoral officers, and other electoral • Processing and counting of votes officials must, in making decisions under this Act or any other enactment, take into account those principles specified • Declaration of results in subsection (1) that are applicable (if any), so far as is • Receiving and dealing with returns of electoral expenses. practicable in the circumstances.” Queries regarding the actions or performance of the electoral officer for Environment Canterbury should be directed to Miles McConway, Director Finance and Corporate Services, on 0800 324 636. 5
Candidate Information for the 2019 Elections Election Timetable 2019 Local Government Election Timetable From 1 July (Monday) 2019 Nomination documents available 15 July (Monday) Candidate Information Presentation – 5.30pm. See details below. From 17 July (Wednesday) Public notice of election – The Press and various regional papers 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 – The Press and various regional papers 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 – The Press and various regional (as soon as practicable) papers Return of election expense declaration forms By 18 December (Wednesday) (55 days after date of declaration of results) Candidate Information Presentation A presentation on the 2019 election process will be given in the Environment Canterbury office, 200 Tuam Street, Christchurch at 5.30pm on Monday 15 July 2019. Items to be covered will include how the council is structured, the role and responsibilities of elected representatives, the skills required, anticipated time commitments and meeting schedules and an overview of the nomination and election processes. For further information please contact Siân Daly on (03) 367 7342. 6
Candidate Information for the 2019 Elections Election Issues In 2010 the Environment (Temporary Commissioners and Population Statistics Improved Water Management) Act 2010 was enacted by Parliament. This Act provided for Environment Canterbury’s Est Resident Population elected members to be replaced by commissioners appointed Constituencies as at 30 June 2018* by the Minister for the Environment and the Minister of Local Government. Consequently, elections for members of North Canterbury/Ōpukepuke 77,300 Environment Canterbury were not to be held in 2010 and 2013. Christchurch North East/Ōrei 102,100 In 2016, the Environment Canterbury (Transitional Governance Arrangements) Act 2016 was enacted by Parliament. That Christchurch West/Ōpuna 98,500 legislation meant that for the 2016 local body elections, six members were elected, with the remaining six governance Christchurch Central/Ōhoko 104,900 positions on the council appointed by the Government, two of Christchurch South/Ōwhanga 83,110 which were recommended by Te Rūnanga o Ngāi Tahu. There is no over-riding legislation affecting the 2019 triennial local Mid-Canterbury/Ōpakihi 96,700 body elections for Environment Canterbury. In 2018 the council South Canterbury/Ōtuhituhi 61,600 conducted a representation review which has now been approved by the Local Government Commission. Under those provisions, * Dept of Statistics–2018 the election of 14 councillors will be carried out in October on the following basis: These elections will be conducted by postal voting. a) two councillors to represent the North Canterbury/Ōpukepuke Constituency b) two councillors to represent the Christchurch North East/ Ōrei Constituency c) two councillors to represent the Christchurch West/Ōpuna Constituency d) two councillors to represent the Christchurch Central/Ōhoko Constituency e) two councillors to represent the Christchurch South/Ōwhanga Constituency f) two councillors to represent the Mid-Canterbury/Ōpakihi Constituency g) two councillors to represent the South Canterbury/Ōtuhituhi Constituency. 7
Candidate Information for the 2019 Elections Governance Information Council’s Responsibilities issues pertaining to the council Regional councils’ responsibilities include – • Maintaining contact with community representatives and • Sustainable regional well-being. other local stakeholders • Managing the effects of using freshwater, land, air and coastal • Participating in any relevant consultative processes with the waters, by developing regional policy statements and the local community and/or other organisations. issuing of consents. Governance • Managing rivers, mitigating soil erosion and flood control. • Participating constructively and effectively in the good • Regional emergency management and civil defence governance of the council as a whole preparedness. • Understanding and ensuring that basic principles of good • Regional land transport planning and contracting passenger governance are a part of the decision-making approach of the services. council • Harbour navigation and safety, oil spills and other marine • Understanding and respecting the differing roles of the pollution. chairperson, committee chairs and councillors • Recognising that the governance role does not extend Councillor – Base role description to operational matters or to the management of any implementation Collective duties of the council • Having a good understanding of the council processes set out • Representing the interests of the council in the Standing Orders that determine how council meetings • Formulating the council’s strategic direction and relative are run priorities through the Long Term Plan (LTP), which determines • Developing and maintaining a working knowledge of council the services and activities to be undertaken by council over a services, management processes, powers, duties and ten-year period constraints • Determining the expenditure and funding requirements • Participating in the setting and monitoring of council policies, of council activities through the LTP and annual planning budgets, strategies and service delivery through annual and processes long-term planning processes • Overseeing, developing and/or approving all council policies, • Ensuring familiarity with agendas and other council reports administrative, legal, financial and strategic, including formal before council meetings regional, planning matters within the council’s geographical area of responsibility • Being familiar with and complying with the statutory requirements of an elected councillor • Monitoring the ongoing performance of council against its stated objectives and policies (including formal sign-off of the • Complying with the Code of Conduct adopted by the council Annual Report) • Identifying, being aware of and declaring any potential • Ensuring prudent use of council resources personal conflicts of interest, whether of a pecuniary or non- pecuniary nature. • Law-making (bylaws) • Overseeing council compliance with any relevant Acts of Additional Information Parliament • Employing, setting performance requirements for, and Core Competencies monitoring the ongoing performance of the council’s Chief • Genuine interest, understanding (and passion) of/for the Executive. (Under the Local Government Act 2002, the local issues faced by Environment Canterbury citizens. authority employs the Chief Executive who, in turn, employs • Ability to relate to wide range of people at many levels and all other staff on its behalf – elected members of council have across many disciplines and cultures. no responsibilities for, and cannot direct, any staff employed • Ability to hear and understand the varying positions of others by the council other than the Chief Executive.) and consider these in decision making. Representation and advocacy • Ability to express ideas clearly. • Bringing the views of the community into council decision- • Ability to understand, focus on and resolve complex issues making processes through long term planning. • Being an advocate for community groups and individuals at • Ability to understand financial and reporting statements. council meetings • Understands the differing roles of governance and • Balancing the need to advocate for specific interests against management. the needs of the wider community • Ability to think “region-wide” on issues to come to decision. • Listening to the concerns of local residents and ratepayers on • Be results focused. 8
Candidate Information for the 2019 Elections • Knowledge of and commitment to the Local Government Act Members’ Remuneration 2002. At the beginning of each election year, the Remuneration Experience and Background Authority sets the base councillor salary and the chairperson’s • May have experience relevant to the challenges facing the remuneration. The base councillor salary and the chairperson’s district. remuneration is determined by the council’s size index, which will be derived from population and council expenditure factors. • May have extensive community networks. The 2018-19 base salaries for the Canterbury Regional Council are: • Be familiar with the existing Environment Canterbury’s Long Term Plan (LTP) or otherwise known as the Ten Year Plan. Chair $163,973 Personal Qualities Councillor $63,884 • Demonstrates integrity and ethical behaviour. • Is independent, inquisitive and innovative. There is additional funding set aside for positions of additional • Has the ability to see all sides of an argument. responsibility, to be recommended to the Remuneration Authority by the new council. The members’ remuneration levels are then • Is hard working and can work unsupervised. reviewed by the Remuneration Authority and may be subject to • Ability to develop and maintain positive working relationships change after the election. with councillors and staff • Committed to Environment Canterbury. Health and Safety at Work Act 2015 • Sense of humour. The Health and Safety at Work Act 2015 (the Act) is part of a • Respect for others. reform package aimed at reducing the number of serious work- • Flexible working hours, some evening and weekend work is related injuries and deaths in New Zealand by at least 25 percent required. by 2020. It came into force on 4 April 2016. • Actively demonstrate commitment to the Elected Members’ The Act is a new way of thinking about health and safety for New Code of Ethics Zealand. The Act is designed to: • Ensure everyone has a role to play Members Interests • Makes everyone’s responsibilities clear Prospective candidates should be aware of the requirements of • Focuses on managing risk the Local Authorities (Members’ Interests) Act 1968. • Requires those who create the risk to control the risk • Under Section 3 of the Act, elected members may not be • Requires businesses to engage with their workers and enable concerned or interested in contracts made by the council them to participate on an ongoing basis when payments made for the contracts entered into during • Allows flexibility in managing health and safety risks. a particular year exceed $25,000 including GST. That amount may only be exceeded if the council has either obtained the For elected members, the most significant implication is the prior approval of the Audit Office or, in special circumstances, introduction of the role of officer and the requirement for officers obtained retrospective approval. When payments exceed to meet due diligence duties. $25,000 or any other approved amount, the elected member What is an officer and what do they need to do? concerned is automatically disqualified from office. He or she An officer is a person who holds a very senior leadership position also commits an offence if they continue to act as a member. and has the ability to significantly influence the management • Under Section 6 of the Act, elected members may not discuss of a business. At Environment Canterbury this includes elected or vote on any matter in which they have a pecuniary interest members and the Chief Executive. when it is being considered by the council or a committee. Officers must ensure the business is meeting its health and safety Elected members failing to observe this prohibition commit responsibilities by doing due diligence to ensure the business an offence and can be prosecuted. Conviction leads to understands and manages its key risks. To do this officers must disqualification from office. take reasonable steps to: • When a matter is raised at a meeting of the council or a • Keep up to date knowledge of health and safety committee in which a member has a pecuniary interest, the member prohibited from voting or discussing the matter must • Understand the operations of the business declare the pecuniary interest. The fact of that disclosure and • Ensure and check that their business has appropriate abstention from discussion and voting on it is also recorded in resources and processes for health and safety. the minutes. While it is not necessary to withdraw from the Members of a Council are not required to exercise due diligence meeting, it is good practice to do so. over a Council Controlled Organisation (CCO) providing they are not Officer of that CCO e.g. a member will be an Officer of a CCO if they are on the Board of the CCO. 9
Candidate Information for the 2019 Elections Environment Canterbury and elected members as officers • The fixing of the date and time of the first ordinary meeting under the Act of the council, or the adoption of the schedule of ordinary Environment Canterbury is proactively partnering with elected meetings. members to ensure Environment Canterbury and its officers can If newly elected the declaration required to be made by meet their responsibilities under the Act. councillors is: Liabilities of officers under the Act Declaration by Councillors Under the Act there are a raft of offences that can be committed I declare that I will faithfully and impartially, and according to the which carry fines (which need to be paid in some cases by the best of my skill and judgement, execute and perform, in the best organisation and in some cases personally by the officer) and in interests of the Canterbury Region, the powers, authorities, and extreme cases even jail sentences. Elected members as officers duties vested in or imposed upon me as the chairperson (or as a have an exemption under the Act from some of these offences. member) of the Canterbury Regional Council by virtue of the Local Offences that elected members as officers can be liable for Government Act 2002, the Local Government Official Information include offences such as failure to comply with an improvement and Meetings Act 1987, or any other Act. notice. This can be a fine up to $50,000 for an individual or $250,000 for a body corporate. Insurance is not available to cover Pre-election Report the cost of such fines. All councils must prepare a pre-election report. The report is prepared by the chief executive independently of the chair and Inaugural Meeting councillors. The successful candidates will take office on the day after the Section 99A of the Local Government Act 2002 sets out the electoral officer gives their official notification of the result of the information that must be included in the report and its timing. election. However, no person is permitted to act as a member of It includes information previously published in other council the council before making a declaration. This declaration will be documents including long term plans, annual plans and annual made at the inaugural meeting, which is expected to be held in reports. As such the information reflects the policy and service late October 2019. Elected members will be contacted by staff delivery direction of the current council. with the key dates. The pre-election report has a particular focus on how the council The business to be conducted at that meeting will include: is performing financially, including the current financial position • The making and attesting of declarations required of the chair and key spending issues over the coming years. It provides historic and councillors. Traditionally, this has been a ceremonial information for the past three years, an overview of the current occasion. election year and council’s planned financial position for the • A general explanation of the Local Government Official next three years. It also outlines council’s broader financial goals, Information and Meetings Act 1987 and other laws affecting which are included in its long term plan. elected members. The pre-election report will be available from the council’s • Appointment of the chair and deputy chair and any committee website by July 2019. Candidates are advised to read the report chair positions required. when it becomes available. Electoral Systems The 2019 triennial election for Environment Canterbury to be Briefly, the FPP electoral system consists of the following: conducted under the First Past the Post (FPP) electoral system. • Electors vote by indicating their preferred candidate(s) with a tick. • Voters must not tick more than the number of places to be filled. • The candidate(s) that receive the most votes is/are declared the winner, regardless of the proportion of votes that the candidate(s) obtained. 10
Candidate Information for the 2019 Elections Electoral Roll Each territorial local authority (TLA) must compile a preliminary Any alterations to the residential roll, should be made: electoral roll during July 2019. Those electoral rolls will include • by completing the appropriate form at any Post Shop or regional council entitlements. Copies of the preliminary electoral • by telephoning 0800 ENROLNOW (0800 367656) or roll for the election will be available for public inspection during normal office hours from 13 July 2019 to Friday, 16 August 2019 • by accessing the Electoral Enrolment Centre website on at the main office of each TLA. www.elections.org.nz. Every parliamentary elector, except those listed on the Hard copies of the preliminary electoral rolls covering the unpublished electoral roll, will be included in the TLA electoral roll Environment Canterbury area may be purchased from the covering the elector’s residential address. Parliamentary electors electoral officer. A separate fee for each roll will apply, based on listed on the unpublished roll are not included in TLA electoral the size of each roll. rolls and must apply for a special vote if they wish to vote in the The final electoral rolls are produced once the preliminary election. The Electoral Commission write to those listed on the electoral rolls close on 16 August 2019. The final electoral rolls are unpublished rolls, informing them of the election and how to the rolls used for issuing voting papers. Copies of these rolls may source special voting documents if required. be purchased as above. In addition to the residential electors, each TLA must also include Information contained on the electoral roll is not available from in their electoral rolls details of any non-resident ratepayers who the electoral officer in an electronic form. have enrolled as ratepayer electors. Ratepayer elector voting In limited circumstances, an electronic listing of resident electors entitlements are determined by the electoral issue and the is available from Electoral Services (provided the criteria of elector’s place of residence, meaning ratepayer electors will often section 114 of the Electoral Act 1993 is met). An application form have less voting entitlements than residential electors in the same is required to be completed, and these are available upon request TLA. direct from Electoral Services. The contact person is Ben Cline on (04) 806 3560. Candidate Eligibility A candidate for the 2019 Environment Canterbury triennial Notes: elections must be: i. An Environment Canterbury candidate may stand for both the 1. Enrolled on a parliamentary electoral roll somewhere in New Canterbury Regional Council and the Canterbury DHB. Zealand; and ii A candidate for the Environment Canterbury election can 2. A New Zealand citizen (either by birth or naturalisation stand for other regional council elections or for city or district ceremony). [Section 25, Local Electoral Act 2001.] council elections outside of the Canterbury Regional Council boundary. Restrictions on candidates for local authority elections: iii. Candidates are required to record on the nomination paper a. A candidate may stand for either the regional council or any if they are standing for election in any other elections in New city/district council/community/local board in the regional Zealand. council’s district but not both [section 58 LEA]. iv. Candidates need not be a resident or ratepayer in the b. A candidate may not stand for more than one constituency of constituency in which they are seeking election, or for that the same local authority [section 57A LEA]. matter, the Canterbury region, but they must be nominated c. A candidate cannot nominate themselves for office. by two electors of that constituency and they must declare d. A candidate cannot be a person concerned or interested whether they reside within the election area or not. in contracts over $25,000 with the local authority (Section v. Evidence of NZ citizenship will be required at the time 3(1) Local Authorities (Members’ Interests) Act 1968). This of candidate nomination. Acceptable evidence includes restriction is waived if prior approval from the Audit Office is NZ passport, NZ birth certificate, or NZ citizenship obtained. documentation. e. An employee of Environment Canterbury can stand for election as an Environment Canterbury councillor, however, if elected, they must resign from their position as an employee of the local authority before taking up their elected position. (section 41 (5) Local Government Act 2002) 11
Candidate Information for the 2019 Elections Nominations Nominations open on Friday 19 July 2019 and close at 12 noon on Affiliation Friday 16 August 2019. The nomination paper provides for a party affiliation or other Each candidate must be nominated on the official nomination designation. paper available during normal office hours by: Individual candidates not part of a political party may wish to • Collection from any of the Environment Canterbury offices at nominate their designation as “Independent” or leave as blank 200 Tuam Street, Christchurch, 96 West End, Kaikoura or 75 (if left blank, nothing will show alongside the name on the voting Church Street, Timaru. paper). • Phoning the toll free number 0800 666 048 (during normal A candidate requiring a specific party affiliation must have office hours) authority to adopt the affiliation from the party concerned (i.e. • Downloading from the council’s web site www.ecan.govt.nz a party letterhead or letter of consent are acceptable). This is a • Emailing a request to ecan@electionz.com safety measure to avoid any illegal adoption of party affiliations. No party affiliation or other designation that is offensive in nature Completion of Nomination Paper or likely to confuse or mislead electors will be accepted. Each nomination paper must have the consent of the candidate and be nominated by two electors whose names appear on Submitting the Nomination Documents the electoral roll for the constituency the candidate is standing Nomination documents for Environment Canterbury elections can for (e.g. if a person wishes to stand for election for the North be lodged by: Canterbury constituency, then that person must be nominated Delivery to any of the Environment Canterbury offices at 200 by two electors enrolled on either of the Kaikoura, Hurunui or Tuam Street, Christchurch, 96 West End, Kaikoura or 75 Church Waimakariri District Council rolls). Street, Timaru. A candidate cannot nominate himself/herself. Nomination forms can be lodged during normal business hours If a candidate is unable to sign the nomination paper (e.g. at the above venues between Friday 19 July and Friday 16 August absent overseas), a letter of consent signed by the candidate is 2019 except on 16 August 2019 when 12 noon is the cut-off time acceptable to attach to the nomination paper. A scanned copy of a for lodgement. completed nomination paper will also be accepted, provided the Or by email to sian.daly@ecan.govt.nz nomination deposit payment (or evidence thereof) is received in Or by post to The Electoral Officer, Environment Canterbury, PO time. Box 345, Christchurch. Other Names All nomination documents must be submitted at the same time, If a candidate is commonly known in the community by a slightly i.e. nomination paper, candidate profile statement, photo, proof different name (e.g. Edward Smith is commonly known as Ted of NZ citizenship and nomination deposit or evidence thereof. A Smith) and has been known by this name for at least the last six nomination will not be accepted if any components are missing. months (to the satisfaction of the Electoral officer), the commonly Once lodged, nomination papers are checked to ensure the known name may appear on the voting paper. candidate is eligible (name appears on a parliamentary roll) and Titles the nominators are two electors whose names appear on the electoral roll for the relevant constituency. Formats of Candidate Titles (i.e. Dr, JP, Sir, Dame etc) are not permitted next to the Profile Statements (CPS) provided are also checked. candidate’s names on the voting paper or profile statement, but can be included as part of the candidate’s 150 word profile text if Should a nomination paper be lodged late on the morning desired. nominations close, and be incorrectly completed or ineligible nominators are provided, there may not be enough time Residency in Area to correct the situation and the nomination paper could be A candidate must declare if they reside in the area of election or invalidated. To avoid this, candidates should ensure their not. This is shown at the top of the profile statement but does not nomination forms are lodged in sufficient time to be checked and count as part of the 150 word profile. allow correction if necessary. Standing in Other Elections in New Zealand 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. 12
Candidate Information for the 2019 Elections Candidate Candidate Details Withdrawals Confirmed candidate details will be made available from the council website. The details will be updated on a regular basis A candidate can withdraw their nomination by application to throughout the nomination period and will include at least the the Electoral Officer up to the close of nominations i.e. 12 noon, candidate name and any affiliation claimed. Friday 16 August 2019. As soon as possible after nominations have closed a file of Candidates cannot strategically or politically withdraw their candidate contact details will be available for download from the nomination once nominations have closed. Candidates may only council’s website. Candidates may be contacted by journalists, withdraw after the close of nominations for medical reasons, i.e. advertisers, pollsters and other groups interested in election incapacity. matters. A medical certificate must be provided for a withdrawal notice to Candidate profile statements and photos will be publicly available be accepted by the Electoral Officer. An application can be made after the close of nominations. These details will be available by a candidate or an agent on their behalf. on the council website, through online channels and electronic applications. Candidates who have a Protection of Property Rights Court Order Nomination Deposits Clause 5(1)(b) of Schedule 7 of the Local Government Act 2002 Each nomination paper lodged, requires a deposit of $200 precludes anyone with a property court order made under s31 (including GST). If an election is required the deposit is refunded of the Protection of Personal and Property Rights Act 1988 from if the candidate polls greater than 25% of the lowest successful taking office as an Elected Member of the Council. If this was candidate for that constituency. The deposit is also refunded if no to happen, a by-election would have to be held because the election is required. candidate could not take up the office they were elected to. Payment of the nomination deposit can be made by cash, EFTPOS It is a criminal offence under s121 of the Local Electoral Act 2001 or online banking. However, should an online banking transaction to stand as a candidate, or nominate someone, who is incapable be dishonoured or declined, the nomination becomes invalid of taking up office. That would include cases where a candidate as the deposit has not lawfully been made. If this occurs after has a s31 property order in place. If the Electoral Officer receives the close of nominations, then the nomination is invalid and the a nomination from someone who they discover before the close candidate will be withdrawn. of nominations has a property order in place, and is therefore Cheque payments of nomination deposits will not be accepted. incapable of holding office, the nomination will be withdrawn in Details for the payment of the deposit by online banking are accordance with s60(4) of the Local Electoral Act, and the matter shown on page 2 of the nomination form. If paying by online may be referred to the Police. If the Electoral Officer discovers banking, evidence of the transaction must be provided at the this after the close of nominations, they must give public notice time the nomination documents are submitted, i.e. a print out of the illegal nomination, and report the matter to the Police. of the transaction receipt. The nomination form also sets out the These steps are necessary to ensure that people do not vote for reference and code details required for each online payment. candidates who cannot hold office. Nomination forms, with the deposit, proof of NZ citizenship and This restriction also applies to District Health Board elections. the candidate profile statement and photograph, can be sent to Under s30(2) of the Crown Entities Act 2004,a person who is the electoral officer by mail or e-mail, but should the papers be subject to a property order under the Protection of Personal and received by the electoral officer or deputy electoral officer after Property Rights Act 1988 cannot be a candidate. 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 correct. The lodgement of nomination documents should not be left to the last minute. Nominations close at 12 noon, Friday 16 August 2019. 13
Candidate Information for the 2019 Elections Candidate Profile Statements The Local Electoral Act allows for candidate profile statements Translations (CPS) of up to 150 words to be provided by each candidate The following contact details are given for a translation company, with the completed nomination form. If an election is required for those candidates who are unable to prepare the translation these are then collated by the electoral officer and forwarded image themselves or do not know of anyone to do this for them: to electors in a booklet with the voting papers. Refer also to the notes listed in Appendix 1 for word limits and translation Pacific International Translations (NZ) Ltd 4/203 Queen Street, requirements. Auckland. Phone: 09 9135290 Fax: 09 9135291 Candidate profile statements must be provided electronically via Email: info@pactrans.co.nz email or on a media device, in a MS Word document that has The translation service will provide the translations in the above been spell checked. As the electoral officer could receive dozens format to meet the requirements of the printer, the cost of which of profiles, consistent format of delivery and content is required is to be met by the candidate. (refer to guidelines below). Candidate profile statements are governed by Sections 61 and 62 Candidate Photos of the Act. Candidates may also submit a recent colour photograph for If the nomination forms are being personally delivered, a hard inclusion with the candidate profile statement in the booklet to copy format of the profile must be provided at the same time. accompany the voting papers. Photos should also be provided Hand written profiles will not be accepted. electronically, on a media device or as an attachment to an email to the electoral officer. Format of Candidate Profile Statements If hard copy photographs are provided, then two copies of each The format requirements for profiles are: photo should be provided with the candidate’s name clearly The English text must be plain text, in paragraphs, with no special printed on the rear of each photograph (Care needs to be taken formatting, i.e. when labelling hard copies of photos to ensure the photo image • No bold, italic, underlining etc. is not damaged in the process). Photos will not be returned to • No tabs candidates. • No quote marks Format of Candidate Photos • No accent marks (this restriction is in English text only) Candidate photos are to be a head and shoulders shot only, with • No bullet points nothing else in the photo, i.e. no hats, sunglasses, pets, external objects or impediments, or other people. They should be in The profiles will be loaded into software provided by the printer colour. If necessary the EO will crop the photo accordingly but the that will automatically apply the required font, type size, line onus is on the candidate to provide a photo of the candidate only spacings etc. If there is no profile statement or photo from a that complies with this format. candidate, then “No Profile Statement and/or Photo provided.” text or similar will be printed in the profile book. Electronic copies of photos should be scanned as a jpeg at a minimum of 600 dpi. Any non-English candidate profile content must be supplied with the following formatting: Any queries regarding the format of photos and profiles are to be made to the EO. • Font–Times New Roman (or Equivalent) Note: The onus is on the candidate to ensure that all nomination • Point Size–9 point size, 11 point line spacing documents including the profile and photo are submitted to the • No special formatting of text – e.g. no bolding, no italics, no electoral officer by 12 noon, Friday 16 August 2019. underlines, no quote marks, etc. 14
Candidate Information for the 2019 Elections Correctness of Profile Statements The candidate is responsible for ensuring that the candidate profile statement contains correct grammar, spelling, punctuation, etc. The electoral officer may make corrections to the statement without affecting content but accepts no responsibility to make any correction. The candidate should ensure the statement is correct when submitted and not expect any corrections to be applied. The electoral officer is not required to verify or investigate any information included in a candidate profile statement. The electoral officer will take no responsibility for the accuracy of the content. A disclaimer concerning the accuracy of the information contained in the statements will be published in the profile statement booklet. If the profile statement or photo does not comply with the legislative requirements, the electoral officer will as soon as practicable, return the statement to the candidate and specify his/her concerns and the reasons therefore. The candidate will then have up to three (3) days to submit an amended candidate profile statement to the electoral officer. A candidate is to be treated as having failed to provide a candidate profile statement, if the candidate: • fails to submit an amended candidate profile statement within the requested period, or • submits an amended candidate profile statement that, in the opinion of the electoral officer, does not comply with the requirements. Where the electoral officer is not satisfied that the candidate profile statement complies and cannot reach agreement with the candidate within the period specified, but the candidate has submitted a suitable photograph, the electoral officer will act as if the written part of the statement was never received but still publish the photograph in the candidate profile booklet to be included with the voting paper sent to each elector, as well as a message to the effect that a statement was not supplied. 15
Candidate Information for the 2019 Elections Campaigning, Council 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 for your information in this guide, see Appendix 6. Please refer to them for your own protection. advertisements are subject to the Advertising Standards Authority (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 broad • any untrue statement defamatory of any candidate and view or opinion, the Code allows them to do so. The ASA settles calculated to influence the vote of any elector. 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. Voting papers should not be collected from electors by candidates Campaign Expenditure Limits or their assistants. Each elector is required by law to post or Candidates have campaign expenditure limits and are required deliver his or her own voting paper to the electoral officer or to file an expenditure return with the electoral officer after the official voting boxes. election (see next section). The campaign limits are based on the estimated 2018 populations of each constituency as sourced from Council Resources the Department of Statistics. Candidates are not permitted to use council resources for Campaign expenditure is all expenses relating to the campaign campaigning purposes. Council resources includes but are not from the period 3 months before election day, i.e. all expenditure limited to council’s logo and branding, website, facebook page, from 12 July 2019 to 12 October 2019, plus an apportionment of twitter account, any forms of social media, computers, email, any campaign expenditure incurred prior to 12 July 2019. mobile phones, faxes, stationery, photocopiers, printers, stamps, The campaign expenditure levels (inclusive of GST) for the cars, meeting rooms and venues (except those available for public Environment Canterbury elections for 2019 are: hire). Constituency Expenditure limit Election Advertising North Canterbury/Ōpukepuke $40,000 Election advertising, using any media, including social media must identify the person under whose authority they have been Christchurch North East/Ōrei $55,000 produced, as per Sections 113-115 of the Local Electoral Act 2001. Christchurch West/Ōpuna $50,000 This means that for posters, adverts, billboards, flyers, vehicle signage, websites, Facebook pages etc, each advertising item Christchurch Central/Ōhoko $55,000 must have a sentence at the bottom saying that it is authorised by the candidate or agent, i.e. “Authorised by Joe Citizen, 20 Main Christchurch South/Ōwhanga $50,000 St, Tinseltown.” This authorisation must be clearly visible on any Mid-Canterbury/Ōpakihi $50,000 campaigning material including signs and billboards Please note: a physical address must be provided in any South Canterbury/Ōtuhituhi $40,000 authorisation text, i.e. it cannot be a PO Box, Private Bag or a rural delivery number. There must be a reasonable expectation that anyone wishing to discuss the advertising can do so with the candidate or their agent at the address listed. The use of a council building address is not permitted in the authorisation address. 16
Candidate Information for the 2019 Elections Return of Electoral Expenses Definition of electoral donation Each candidate is required to keep a record of all campaign An electoral donation is a donation of money, goods or services election expenses, and must furnish a return to the Electoral that is made for use in a candidate’s election campaign (section Officer within 55 days of the election result being declared, 103A LEA). Electoral donations and contributions to donations, estimated to be no later than Wednesday 18 December 2019. of more than $1500 incl. GST are required to be declared in The return of electoral expenses and electoral donations form once the candidate’s return of donations and expenses. A series of returned becomes a public document and can be inspected by any donations made by one person that adds up to more than $1500 person for a period of 7 years after receipt. The Electoral Officer must also be declared. An electoral donation includes: is required to make the expenditure return and any supporting • where a candidate is provided with goods or services free of documents available on Council’s website for seven years. charge that have a reasonable market value greater than $300 A model election expenses return form is attached as Appendix 2. • where a candidate is provided with discounted goods or The relevant sections of the Local Electoral Act 2001 on election services and the reasonable market value of the goods or expenses is attached as Appendix 3. services is greater than $300, the difference between the Note: contract or agreed price and the reasonable market value of those goods and services is a donation 1) Candidates are required to keep evidence of any election expenses for amounts exceeding $200. • where a candidate sells over-valued goods or services, the difference between the price paid and the reasonable market 2) All candidates must submit a return of election expenses and value is a donation, for example a fundraising auction or dinner. donations form even if no expenses have been incurred or donations received. The following are not candidate donations: • volunteer labour Candidate Expenses • goods or services provided free of charge to a candidate, or to Sec 104 of the Local Electoral Act lists the following definition of any person on the candidate’s behalf that have a reasonable electoral expenses, in relation to a candidate at an election,— market value of $300 or less (a) Means expenses that are incurred by or on behalf of the • money provided by the candidate for his or her own candidate in respect of any electoral activity; and campaign. (b) includes expenses that are incurred by or on behalf of the If a person or organisation gives or pays for goods or services that candidate, before or after the applicable period before the would otherwise be candidate election expenses, the reasonable close of polling day, in respect of any electoral activity; and market value of those items, whatever their value, should be (c) includes the reasonable market value of any materials applied recorded as an election expense. If the reasonable market in respect of any electoral activity that are given to the value of the items exceeds $300 it should also be recorded as a candidate or that are provided to the candidate free of charge donation. or below reasonable market value; and Donations made up of contributions (d) includes the cost of any printing or postage in respect of any electoral activity, whether or not the expenses in respect of Donations to candidates can be made up of pooled funds the printing or postage are incurred by or on behalf of the contributed by more than one person (referred to in the Act as candidate; but donations funded from contributions). These types of donations include, for example, campaign donations made through a (e) does not include the expenses of operating a vehicle on which trust, or where there is a fundraising collection for a candidate’s election advertising appears if that vehicle is used in good campaign (section 103A LEA). The total proceeds of a collection faith by the candidate as the candidate’s personal means of are treated as a donation under the Act. The person who collects transport; and the money will normally be the donor. The individuals who (f) does not include expenses incurred by the candidate in contribute to the collection are contributors for the purposes preparing a candidate profile statement; and of the Act. If an electoral donation, other than an anonymous (g) does not include the labour of any person that is provided to donation, is made up of contributions, the transmitter or donor the candidate free of charge by that person; and must tell the candidate: (h) does not include the cost of any framework (other than a • the name and address of the donor commercial framework) that supports a hoarding on which an • whether the donation is made up of contributions advertisement is displayed. • the total amount of individual contributions of $1500 or less Note – the $200 nomination deposit fee is not an electoral • in the case of individual contributions greater than $1500, the expense. name, address, and contribution of each contributor. If the candidate knows, or has reasonable grounds to believe, that the donor has failed to supply information about contributions, the whole donation must be returned to the donor. 17
Candidate Information for the 2019 Elections Transmitted donations Social Media Guidelines for Candidates A donation can be made either directly by the donor to the Candidates must comply with the following guidelines for social candidate or indirectly by a transmitter who transmits a donation media use and presence related to campaigning. to the candidate on someone else’s behalf, for example via Things to be aware of: a lawyer’s trust fund. Any person who receives a candidate • During the lead up to elections, the current chair and donation on the candidate’s behalf must transmit it to the councillors may be used in social media posts where it is candidate within 10 working days. When transmitting a donation, appropriate and is considered ‘business as usual’ to use them. the transmitter must tell the candidate: This may be in images or quotes. • that the donation is being transmitted on behalf of a donor • Election advertising, using any media, including social • the name and address of the donor media,must identify the person under whose authority they • whether the donation is made up of contributions have been produced, as per sections 113-115 of the Local • the total amount of contributions of $1500 or less Electoral Act 2001. This means in your profile photo/bio, you must have a statement saying that all content/images on your • in the case of contributions greater than $1500, the name, social media channel are authorised by you or your agent. You address, and contribution of each contributor. must include a physical address in the authorisation statement Where a transmitter does not disclose the name and address (not a PO Box, private bag or rural number), and you must not of the donor, the donation must be treated as an anonymous use the council’s office addresses. donation (see below). • The council’s social media accounts (listed below), including Anonymous donations but not limited to Facebook, Twitter, Instagram, LinkedIn Candidates are not permitted to retain anonymous donations and Neighbourly, are not permitted to be used as a exceeding $1500. An anonymous donation is a donation made communications channel by anyone (candidates or members in such a way that the candidate who receives the donation of the public) for promotion, electioneering or campaigning. does not know the identity of the donor and could not, in the This also applies to all social media accounts owned by circumstances, reasonably be expected to know the identity council-controlled organisations. of the donor (section 103A LEA). If a candidate receives an • The council’s social media accounts are constantly monitored anonymous donation greater than $1500, he or she may retain and any campaign related or electioneering content will be $1500 of that donation. The balance of the donation must, within removed immediately. 20 working days of receipt, be paid to the electoral officer for • If Environment Canterbury already follows your public social payment into the general fund of the local authority. media accounts, please note you will be unfollowed 3 months Applicable period for donations prior to the election date. This protocol is in line with the Local Electoral Act 2001. There is no provision within the Local Electoral Act 2001 or it’s regulations specifying a period for recording or declaring • Any social media post – positive or negative – made by any donations. On that basis, all qualifying donations contributed for individual specifically relating to their own – or someone use in a candidate’s election campaign for the 2019 triennial local else’s – nomination, intention to run for council, or election body elections should be recorded and included in the candidate’s campaign, will be removed immediately. return of election expenses and donations. • Candidates cannot reply to the council’s social media posts or share with a comment encouraging people to like or follow their own social media accounts or any other electioneering tool. Any posts that do this will be removed immediately. • Candidates must not link their own social media accounts (if they are used for campaigning purposes) to the council’s social media accounts. • Candidates cannot rate, review, check-in or tag the council’s social media channels. • The council’s social media accounts will remain neutral. Environment Canterbury will promote elections and the importance of voting but will not associate these posts with any candidates. 18
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