CANDIDATE HANDBOOK

Wellington Regional Council Elections 2016

Candidate Handbook Wellington Regional Council Elections 2016

GW/DS-G-16/43

Contents 1.  Introduction 1 

2.  When is the election? 2 

3.  Who’s running the election? 2 

4.  Are there any rules? 2 

5.  How will candidates be elected? 2 

6.  How many positions are up for election? 4 

7.  Important dates 6 

8.  Key contacts 7 

9.  Who can stand for election? 9 

10.  How do I become a candidate? 9 

11.  Where can I get a nomination paper? 10 

12.  Completion of nomination paper 10 

13.  Candidate profile statement 14 

14.  Nomination deposit 18 

15.  Filing your nomination, deposit and profile statement 19 

16.  Withdrawal and cancellation of nominations 20 

17.  Candidate for election 21 

18.  Your election campaign 21 

19.  Electoral expenses 22 

20.  Electoral donations 25 

21.  Keeping records of expenses and donations 27 

22.  Return of electoral expenses and electoral donations 28 

23.  Who can enrol to vote? 31 

24.  The Electoral Roll 31 

25.  The final Electoral Roll 33 

26.  Where can I get a copy of the Electoral Roll? 33 

27.  Voting 34 

28.  Special voting 34 

29.  Early processing of votes 37 

30.  Appointing scrutineers 37 

31.  Election offences 41 

32.  Post-election processes 43 

33.  Roles and responsibilities of members 45 

34.  Requirements and time commitments of members 46 

35.  Elected members’ remuneration 46 

36.  Members’ code of conduct 46 

Appendices 49 Appendix 1:  Rules for nominations 49 

Appendix 2:   Greater Wellington Regional Council’s rules for word count of candidate profile statements 51 

Appendix 3:  Provisions of the Local Electoral Act 2001 relating to candidate advertising 52 

Appendix 4:  Wellington Regional Council’s communication policy for the 2016 pre-election period 53 

Appendix 5:  Provisions of the Local Electoral Act 2001 relating to electoral donations and expenses 54 

Appendix 6:   Offences set out in Parts 5, 5A and 7 of the Local Electoral Act 2001 62 

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. Wellington Regional Council takes no responsibility for any errors or omissions. It is recommended that candidates obtain a full copy of the Act, which is available on-line at www.legislation.govt.nz.

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1. Introduction

Local government elections will be held this year, on Saturday, 8 October 2016. This Handbook is designed to help you as a potential candidate for election to the Wellington Regional Council.

It contains information you will need to be aware of as a candidate, including:

General election information

The nomination of candidates

Rules for campaigning

Electoral expenses

Voting

Election results

Electoral offences

Post-election processes

The role and responsibilities of councillors.

In this Handbook the Council is referred to by its legal name – Wellington Regional Council. The Council is also known by its promotional name of “Greater Wellington Regional Council”.

The information contained in this Handbook is based on legislation as at 1 June 2016, and is correct to the best of our knowledge. It should not, however, be a substitute for legal advice. We recommend that you become familiar with the legislation on which local government elections are based.

Any questions regarding the information in this handbook should be addressed to the Electoral Officer or the Deputy Electoral Officer

Electoral Officer Margaret Meek T: (04) 830 4192 F: (04) 385 6960 E: elections@gw.govt.nz

Deputy Electoral Officer Francis Ryan T: (04) 830 4248 E: elections@gw.govt.nz

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2. When is the election?

The election is being conducted by postal vote concluding on Saturday, 8 October 2016.

3. Who’s running the election?

Wellington Regional Council’s Electoral Officer engages the electoral officers of the city and district councils in our region to help conduct this election (Kapiti Coast District Council, Porirua City Council, Wellington City Council, Hutt City Council, Upper Hutt City Council, South Wairarapa District Council, Carterton District Council, Masterton District Council and Tararua District Council for the part of the Tararua District that falls within the Wellington Region). In addition to holding their own elections, the electoral officers of these city and district councils will compile and certify the electoral rolls, issue and process voting documents, and count the votes for our elections.

Our Electoral Officer will be responsible for accepting candidate nominations for Wellington Regional Council and declaring our election results.

4. Are there any rules?

The conduct of local authority elections is regulated by the following legislation:

Local Electoral Act 2001

Local Electoral Regulations 2001

Local Government Act 2002

Local Authorities (Members’ Interests) Act 1968

Legislation is available online at http://www.legislation.govt.nz/.

5. How will candidates be elected?

The Single Transferable Voting (STV) electoral system will be used for Wellington Regional Council’s 2016 elections. Candidate names will be listed on voting documents in random order.

5.1 The STV electoral system

Under STV voters receive a single (transferable) vote no matter whether there is one vacancy or several. Voters rank candidates in order of preference. When votes are counted, all the first preferences are allocated first. To be elected a candidate must reach a “quota” of votes.

The quota is based on the number of vacancies and the number of valid votes. A candidate who reaches the quota is elected.

If there is more than one vacancy and a candidate gets more votes than the quota, then a proportion of each vote for that candidate is transferred to the voter’s second preference, and so on.

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If insufficient candidates meet the quota after first preferences are allocated and after any surplus votes are transferred, then the candidate who received the fewest votes is eliminated and each vote for that candidate is transferred to the voter’s second preference. This process is repeated until enough candidates reach the quota to fill all the vacancies.

For more information on the STV electoral system visit www.stv.govt.nz.

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6. How many positions are up for election?

We’re looking for 13 people to represent the region for the next three years:

Wellington Constituency 5 councillors Lower Hutt Constituency 3 councillors Porirua-Tawa Constituency 2 councillors Kapiti Coast Constituency 1 councillor Upper Hutt Constituency 1 councillor Wairarapa Constituency 1 councillor.

6.1 What area is Wellington Regional Council responsible for?

This map shows the area Wellington Regional Council is responsible for. The Wellington Region is divided into six areas, which are called constituencies. The constituency boundaries are outlined on the map below.

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6.2 Who are my electors?

When you stand for election, you must choose which constituency you will stand for election in. The electors of that constituency will vote on whether or not to elect you. The approximate number of electors in each constituency is listed in the table below.

Constituency No. councillors

Approximate no. of resident electors1

Total population2

Upper Hutt 1 30,196 42,000 Wairarapa 1 32,355 43,200

Kapiti Coast 1 39,158 51,400 Porirua - Tawa 2 48,215 69,400

Lower Hutt 3 72,782 102,000 Wellington 5 134,819 188,900

Total 13 357,525 496,900 1Resident electors enrolled as at 30 April 2016 - rolls close on 12 August 2016. In addition to the number of resident electors, there will be a small number of electors who qualify as ratepayer electors. 2These population figures are estimates provided by the Government Statistician as at 30 June 2015. Updated population estimates as at three months before the close of polling (pursuant to section 104 LEA) will be available upon request from the electoral officer by the end of July 2016.

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7. Important dates

27 June 2016 Enrolment update packs sent out

8 July 2016 Campaign expenditure monitoring period commences 15 July 2016 Preliminary Electoral Roll available for inspection

Nomination of candidates opens

12 noon, 12 August 2016 12 August 2016

Nomination of candidates closes (12 noon) Candidates must submit with their nomination form, their deposit ($200) and candidate profile statement (if they decide to provide one)

Roll closes

17 August 2016 (approx.) Public notice of candidate names will be published as soon as practicable after the close of nomination, i.e. sometime around 17 August

Before 1 September 2016 All ratepayers are sent a notice about the possibility of

being a ratepayer elector

16 September – 21 September 2016 Voting papers sent to electors

16 September – 8 October 2016 Progressive Roll scrutiny Special voting period up until 12 noon, 8 October 2016 Early processing of voting documents

7 October 2016 Last day to post enrolment forms to enrol as an elector; to vote you will need to cast a special vote.

Appointment of scrutineers by 12 noon

8 October 2016 Election Day Voting closes 12 noon –counting commences Preliminary results available as soon as practicable

after close of voting

13 October – 19 October 2016 Declaration of result/Public notice of result

By mid-December 2016 Return of electoral expenses and donations forms

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8. Key contacts

8.1 Wellington Regional Council Contacts

You can ask the Electoral Officer or Deputy Electoral Officer any questions you have about the elections.

Electoral Officer

Margaret Meek T: (04) 830 4192 F: (04) 385 6960 E: elections@gw.govt.nz

Deputy Electoral Officer Francis Ryan T: (04) 830 4248 E: elections@gw.govt.nz

8.2 City and district council contacts

Wellington City Council Electoral Officer: Warwick Lampp T: 0800 666 946

E: wellingtoncc@electionz.com

www.wellington.govt.nz

Kapiti Coast District Council Electoral Officer: Jude Wadsworth T: 04 296 4604 E: jude.wadsworth@kapiticoast.govt.nz

www.kcdc.govt.nz

Porirua City Council Electoral Officer: Warwick Lampp P: 0800 666 932 E: poriruacc@electionz.com

www.pcc.govt.nz

Carterton District Council Electoral Officer: Milan Hautler T: 06 379 4031 E: milan@cdc.govt.nz

www.cartertondc.govt.nz

Hutt City Council Electoral Officer: Bruce Hodgins T: 04 570 6839 E: bruce.hodgins@huttcity.govt.nz

www.huttcity.govt.nz

Masterton District Council Electoral Officer: Warwick Lampp T: 0800 666 928 E: mastertondc@electionz.com

www.mstn.govt.nz

Upper Hutt City Council Electoral Officer: Warwick Lampp T: 0800 666 940 E: uhcc@electionz.com

www.upperhuttcity.com/Elections

South Wairarapa District Council Electoral Officer: Warwick Lampp T: 0800 666 937 E: sthwaidc@electionz.com

www.swdc.govt.nz

Tararua District Council Electoral Officer: Sandy Lowe

T: 06 374 4080 E: sandy.lowe@tararuadc.govt.nz

www.tararuadc.govt.nz

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9. Who can stand for election?

To stand as a candidate for election you must be:

Enrolled as a parliamentary elector (anywhere is New Zealand),

A New Zealand citizen,

Only standing for election to the regional council and not a city or district council, or a community board in the Wellington Region, and

Nominated by two electors from the constituency in which you are standing.

9.1 Are there any other restrictions?

As a candidate for the Regional Council you:

Cannot stand for election for more than one constituency in the Wellington Region (section 57A, Local Electoral Act 2001), and

Cannot be concerned or interested in any contract with Wellington Regional Council worth over $25,000 (GST inclusive) in any financial year (section 3(1) Local Authorities (Members’ Interests) Act 1968). This restriction can be waived if you get prior approval from the Office of the Auditor-General.1

9.2 Employees of Greater Wellington Regional Council

If you are an employee of Greater Wellington Regional Council and are successful in standing as a candidate for election to Wellington Regional Council, you must resign from Greater Wellington Regional Council before taking up your new position as councillor.

10. How do I become a candidate?

To stand for election, you must be nominated as a candidate. Two electors whose names appear on the Electoral Roll for the constituency in which you are standing must nominate you. You must also consent to the nomination.

By 12 noon on 12 August 2016, Wellington Regional Council’s Electoral Officer must receive your:

Completed nomination form, and

A deposit of $200.00 (GST inclusive), and

A copy of your candidate profile statement (if you choose to provide one).

Your nomination must comply with legal requirements, otherwise it will not be accepted by the Electoral Officer.

These requirements are set out in Appendix 1. 1 Further information regarding the contracting restriction can be found at: http://www.oag.govt.nz/2010/lamia

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11. Where can I get a nomination paper?

Your nomination must be made on the correct form. Nomination papers will be available from 15 July 2016:

On our website - www.gw.govt.nz/elections

By contacting one of our electoral officials: 04 830 4192 or 04 830 4248

From our reception desk, GWRC, Shed 39, 2 Fryatt Quay, Pipitea, Wellington, and 34 Chapel Street, Masterton.

12. Completion of nomination paper

12.1 Name and address details of nominators and candidate

Candidates and nominators must provide their full name and address on the nomination document.

The name and address details should match the details shown on the Electoral Roll.

12.2 Can I have a different name shown on the voting document?

If you are commonly known by a different name (for example, Edward Smith is commonly known as Ted Smith) and have been known by that name for the last six months (to the satisfaction of the Electoral Officer), the commonly known name may appear on the voting document provided certain requirements are met. A candidate who wishes to use their commonly known name on the voting document will be required to provide both their full name and the name they are commonly known by on their completed nomination form.

If you elect to use a commonly known name it must not:

Cause offence to a reasonable person

Be unreasonably long

Include or resemble an official rank or title

Cause confusion or mislead electors.

Section 56 of the Local Electoral Act 2001 sets out the rules relating to candidate names.

12.3 Can I note an affiliation?

When completing your nomination form you can record an affiliation. Your affiliation will be shown on the voting papers sent to electors and in the public notice advertising candidates standing for election.

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What is an affiliation? An affiliation is described in section 57(3) of the Local Electoral Act 2001 as “an endorsement by any organisation or group (whether incorporated or unincorporated)”. If you are not part of a political party or group, you may wish to record your affiliation as ‘Independent’, or leave it blank. If you leave it blank, nothing will show alongside your name in the public notice and on the voting document.

Do I need to provide proof of my affiliation? Any candidate who wishes to have a party or group affiliation recorded on the voting document must provide a letter of authorisation from the party or group concerned. This should either be on the party or group’s letterhead and signed by a representative of the party or group, or a letter signed by not less than three members of your party or group endorsing your affiliation. This is a safety measure to avoid any unauthorised adoption of party or group affiliations. Can my affiliation be rejected? The Electoral Officer will not accept your affiliation if:

You do not provide satisfactory proof of your affiliation

Your affiliation might cause offence or is likely to confuse or mislead electors.

12.4 Principal place of residence

You need to tick whether or not your principal place of residence (your address on the Electoral Roll) is in the local government area for which you seek election (for example, either ‘My principal place of residence is in the Lower Hutt Constituency’ or ‘My principal place of residence is not in the Lower Hutt Constituency’). This information will become part of your candidate profile statement. However, these words will not be counted as part of the 150 word limit.

12.5 What if I’m seeking election to another position?

If you are seeking election to any other positions in elections to which this Act applies (for Wellington Regional Council candidates this would include seeking election to a district health board or licensing trust, or the Hutt Mana Charitable Trust, Porirua Community Trust, Montfort Trimble Foundation, Masterton Trust Lands Trust or Greytown District Trust Lands Trust), you must specify each position and state that you are seeking to be elected to the positions. This information will become part of your candidate profile statement. However, these statements will not be counted as part of the 150 word limit.

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12.6 What if I am overseas and unable to provide consent to the nomination?

If you are unable to sign your nomination paper because you’re overseas, you can sign a letter of consent to your nomination, and arrange for it to be submitted together with your completed nomination paper.

You need to make sure your letter of consent includes all the necessary details that are outlined below.

Confirm your eligibility Make sure that you confirm you:

Are eligible for election in terms of section 25 of the Local Electoral Act 2001 (i.e. you are a parliamentary elector and a New Zealand citizen) and in terms of any other Act, and

Are not disqualified by section 58 of the Local Electoral Act 2001 (i.e. you are not standing as a candidate for election to both the Wellington Regional Council and a constituent authority in the Wellington Region).

Affiliation to be shown in the public notice and on voting documents You should state what you wish your affiliation to be shown as in the public notice and on voting documents. Please tell us if you do not have an affiliation and would like us to record that you are standing as an independent candidate. If you do not mention any affiliation or designation, including ‘Independent’, nothing will be shown next to your name on the voting documents or in the public notice.

The name you are being elected under You need to advise us of the name under which you would like to stand as a candidate. This name will appear on the voting papers sent to electors and in the public notice advertising the candidates standing for election to the Wellington Regional Council.

There are rules about which names are acceptable to use. These are discussed in section 12.2 of this Handbook.

Candidate profile statement If you will be providing a candidate profile statement to be sent out with voting papers you will need to send your candidate profile statement together with your letter of consent, nomination form and deposit. You may also supply a photo. (See section 13 for more information on candidate profile statements.)

Let us know if you will not be supplying us with your profile statement and/or photo. If you do not supply us with a candidate profile statement and/or photo, the words “Photo not supplied” and/or “No statement provided” will appear below your name in the candidate profile booklet.

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Signature and contact details Make sure that you sign your letter and provide us with details of your New Zealand address, phone number and email. If you are out of the country, it is also a good idea to provide the contact details of where you are staying, in case we need to contact you about any problems with your nomination, e.g. missing or incorrect information.

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13. Candidate profile statement

What is a candidate profile statement? You can provide a candidate profile statement with your nomination. This is a statement of up to 150 words containing information about you and your intentions if elected. It is an opportunity for you to let voters know more about you and the issues you support. You may also include a recent passport-size colour photograph. Please note that photographs will be printed in colour in the profile booklet.

Our Electoral Officer is not required to verify or investigate any information included in your statement. However, the information you provide must be true and accurate.

If you elect to provide a candidate profile statement you must provide it when you submit your nomination and deposit.

What can I say? The content of a candidate profile statement must be confined to information:

Concerning the candidate (this includes any group or organisation to which you have claimed affiliation on the nomination paper, or status as an independent candidate, and your contact details)

On the candidate’s policies and intentions if elected.

These requirements are set out in section 61(2)(c) of the Local Electoral Act 2001.

Who will get a copy of it? Your candidate profile statement will be included in a profile booklet listing all of the candidates for election and distributed to electors.

Your candidate profile statement will be published on Wellington Regional Council’s website after the close of nominations.

Can I write in any language? Your candidate profile statement may be in English and/or Māori, or in any other language. If written in both Māori and English, the information contained in both languages must be substantially consistent with each other.1

If any or all of your candidate profile statement is in a language other than English or Māori, you must provide a translation in English or Māori for verification of content. The translation will not be published with the candidate profile statement.

1 For example, if a candidate provides a mihi or greeting as part of a candidate profile statement provided in Māori, the mihi or greeting should be explained in the English version in a manner substantially consistent with the Māori version, still within the 150 word limit.

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How many words can I write? Your candidate profile statement:

If in English, must not exceed 150 words

If in Māori, must not exceed 150 words

If in Māori and English, must not exceed 150 words in each of the languages used in the candidate profile statement, that is, a total of 300 words. The information contained in both languages must be substantially consistent with each other

If in any other language or combination of languages, must not exceed a total of 150 words or their equivalent if symbols are used rather than words.

Appendix 2 sets out, in general, how words will be counted.

What else is printed with my candidate profile statement? Your name and affiliation will be printed at the top of your candidate profile statement. In addition, information that you have provided on your nomination form relating to your principal place of residence and other positions to which you are seeking election will also be printed.

Please note that these words will not be counted as part of the 150 word limit.

What happens if I don’t provide a candidate profile statement? If you do not provide a candidate profile statement and/or photograph then the following will be printed in the profile booklet - “Photo not supplied” and/or “No statement provided”.

13.1 Formatting your candidate profile statement

Candidate profiles will be printed with minimal formatting. Paragraphs will be permitted but there will be no line space between paragraphs. This is to ensure each candidate’s profile statement is accorded approximately the same amount of space in the candidate booklet.

There must be no: bolding; bullet points; line spaces between paragraphs; italics; underlining; or pictures. Any bullet points used will be changed into lists, with each item separated by a semi-colon.

A typed electronic copy of your Candidate Profile Statement in MS Word format is preferred.

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13.2 Typed language images

Should all or part of a candidate profile statement be provided in any language that uses symbols other than English, for example, Japanese, this part of the statement needs to be provided as an electronic graphic file. Profile statements written solely in non-English symbols need to be supplied as a single image. If the profile statement is a combination of English and non-English symbols, the non-English symbols can be provided as a typed language image and the English section as a separate text document. However please note in this instance, the non-English section will be located at the end of your profile statement. Should candidates want the non-English section inserted elsewhere in their statement (e.g. in the middle), they will need to provide the English and non-English sections together as a single typed language image. Typed language images are required to be:

2000 pixels wide by 1300 pixels high

Supplied electronically as a PNG format

No more than 400 Kbytes

Set to greyscale

Set to 600dpi

Do not include your name, as this will be automatically printed in the profile booklet.

The translation image must not have any special formatting; for example, there must be no: bolding; bullet points; line spaces between paragraphs; italics; underlining; or pictures.

The following contact details are provided for a translation agency, for those candidates who are unable to prepare the translation image themselves or do not know of anyone to do this for them:

The Translation Service P O Box 805, Wellington 6140 Phone: 0800 872 675 Email: translate@dia.govt.nz Candidates must pay their own translation image costs. Please contact one of the electoral officials if you intend to submit a typed language image as part of your candidate profile statement.

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13.3 Photograph

Your candidate profile statement may include a recent photo of you alone. Your photo must be approximately passport size, and be recent (i.e. taken within 12 months of the date of your nomination). See section 61(2)(e) of the Local Electoral Act 2001 and regulation 28 of the Local Electoral Regulations 2001 for the specific legislative provisions.

Photographs supplied electronically should be:

472 pixels wide by 709 pixels high

Supplied as a JPEG or PNG format

No more than 400 Kbytes

Set to full colour

Set to 600dpi.

Please note that all photographs will be printed in colour.

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14. Nomination deposit

14.1 Paying your deposit

You are required to pay a deposit of $200 (inclusive of GST) when you lodge your nomination.

You can pay your deposit in cash or by internet banking. Eftpos facilities are available at our Wellington and Masterton offices. Please note that we do not accept payment by credit card.

Deposits may be made directly into our bank account:

Account name: Wellington Regional Council Bank: ANZ Account number: 06 0582 0104781 00

If you choose to pay your deposit by internet banking please include the following information with your payment:

Particulars: [insert name of candidate] Code: Nom Dep Reference: 22460

Please note: If you choose to pay by internet banking or bank deposit you will need to provide evidence of your deposit to electoral officials when you submit your nomination and candidate profile statement.

14.2 Refund of deposit

Your deposit will be refunded to you when you file your return of electoral donations and expenses, if:

You’re standing in a multi-member constituency and the number of votes you receive is equal to or greater than 25 percent of the final quota as determined at the last iteration

You’re standing in a single-member constituency and the number of votes you receive is equal to or greater than 25 percent of the final absolute majority of the final quota as determined at the last iteration

You withdraw your nomination before the close of nominations

You have your nomination cancelled because of incapacitation, or you become incapable of holding under the Local Electoral Act 2001 or any other Act the office for which you were a candidate, after the close of nominations but before the close of voting

You’re elected without an election

You die before the close of voting.

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15. Filing your nomination, deposit and profile statement

Your completed nomination paper, together with your deposit and candidate profile statement (if you choose to submit one) must be:

lodged with: Wellington Regional Council’s Electoral Officer or Deputy Electoral Officer Shed 39, 2 Fryatt Quay, Pipitea, Wellington 6011

or posted to: The Electoral Officer

Greater Wellington Regional Council PO Box 11646 Wellington 6142

in time to be received by our Electoral Officer or Deputy Electoral Officer no later than 12 noon on Friday 12 August 2016. This is a statutory deadline, and nominations received after this time will not be accepted.

Please do not leave the lodgement of your nomination paper, deposit and candidate profile statement (and photograph) to the last minute. If your nomination paper is lodged late on the morning nominations close, and is incorrectly completed or your nominators are not eligible, there may not be enough time to correct the situation and your nomination paper would not be accepted.

Emailed documents will be acknowledged once received. Please contact the Electoral Officer if you have not received acknowledgement.

Once received, we check your nomination paper to ensure that:

Your details appear on the Parliamentary Electoral Roll, and

The people who nominated you are electors whose details appear on the Electoral Roll (Parliamentary or Ratepayer) for the constituency in which you are standing.

Once accepted by the Electoral Officer, nomination forms are ‘public information’ and any person may inspect any nomination form without payment of a fee at any time during ordinary office hours at the office of the Electoral Officer.

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16. Withdrawal and cancellation of nominations

A candidate is able to withdraw his/her nomination up until the close of nominations by notice in writing (section 60 Local Electoral Act 2001). Please contact the Electoral Officer if you wish to withdraw so that we can discuss the withdrawal process with you.

After the close of nominations, a candidate is not able to withdraw his/her nomination.

However, should a candidate become incapacitated after the close of nominations but before the close of voting, application may be made for the cancellation of the nomination of a candidate (section 69 Local Electoral Act 2001). ‘Incapacitated’ in relation to a candidate is defined in section 69 as meaning “a candidate, because he or she is suffering from a serious illness or has sustained a serious injury, would be unlikely to be capable of performing the functions and duties of office if elected to the office”. An application for the cancellation of the nomination of a candidate must be made to the electoral officer by submitting a prescribed form (available from the Electoral Officer) together with a medical certificate.

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17. Candidate for election

The Local Electoral Act 2001 defines a candidate as a person who has been nominated as a candidate in any election; the definition includes, in Parts 5 (electoral donations and expenses) and 5A (electoral advertising) a person who has declared his or her intention of becoming a candidate.

Once you become a candidate for election there are rules for election advertising, and electoral donations and expenses that you must observe. These are set out in sections 18 to 22 of this Handbook.

18. Your election campaign

You can begin your election campaign at any time and may continue campaigning up to and including Election Day.

18.1 What are the rules for advertising?

There are some rules you need to adhere to when advertising - See section 113 of the Local Electoral Act 2001 in Appendix 3.

Any advertisement that is made using a medium set out in section 113(1) of the Local Electoral Act 2001 which is used to promote or procure your election must identify the person under whose authority it has been produced.

The advertisement must contain a statement setting out the true name of the person or persons for whom, or at whose direction, it is published and the street address (not a PO Box) of his or her residence or business. This applies during the candidate’s entire campaign.

A person who wilfully does not comply with the requirements set out above commits an offence and is liable on conviction to a fine not exceeding $1,000 (see section 31 of the Handbook).

Candidates are not entitled to use the Wellington Regional Council’s address in their authorising statements.

If you are currently a councillor with the Wellington Regional Council you also need to take note of the Council’s pre-election communication policy (Appendix 4). This policy applies for the three-month pre-election period from 8 July 2016 to 8 October 2016.

18.2 What about election signs?

Election signs are generally permitted on private property with the owner’s consent. However, you should check with your city or district council about Resource Management Act requirements that may apply.

Speak to your city or district council if you wish to erect election signs on their reserve areas. Councils will have a policy on where signs may be placed and when such signs must be removed.

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The hoardings policies for individual district and city councils will be available from the election officers of those councils. Contact details are listed under section 8.2 of this Handbook.

The New Zealand Transport Agency has a number of requirements relating to the placement of election signs near or adjacent to state highways. If you’re thinking about putting up an advertising sign or device alongside a state highway, you need to contact your local New Zealand Transport Agency office (Wellington T: 04 894 5200)

Greater Wellington Regional Council does not allow election signs or hoardings on any of its premises, or on land it manages or controls.

18.3 Are there any offences relating to campaigning?

There are a number of election offences you need to be aware of. The key offences (carrying a fine of up to $5,000 if convicted) in relation to campaigning are noted below.

Election material must not contain an imitation voting document that has the names of the candidates with any direction or indication as to the candidates a person should vote for.

Election material must not contain an imitation voting document that in any way contains or suggests any direction or indication or other matter likely to influence how a person votes.

Election material must not contain any instruction on the method of marking the voting document that differs in any material way from the instructions required by the Local Electoral Act 2001 or any regulations made under this Act to accompany the voting document.

It is an offence to interfere in any way with an elector, who is about to vote, with the intention of influencing or advising the elector as to how he or she should vote.

You (and your assistants) should not collect voting documents from electors. Each elector should post their own voting document to the appropriate electoral officer. An envelope with the correct return address will be given to electors with their voting document.

A full list of campaign offences under Parts 5, 5A and 7 the Local Electoral Act 2001 is reproduced in Appendix 6.

19. Electoral expenses

Candidates are required to keep a record of all of their election expenses during the election period (the three months before the election). Expenses that are incurred as a candidate before or after the election period may also be included (for example, you distribute pamphlets during the election period but incur the expense prior to the election period). As a candidate, your electoral expenses must not exceed

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certain predetermined limits. It is an offence under the Local Electoral Act 2001 to incur electoral expenses in excess of these limits.

19.1 What is an electoral expense?

Electoral expense includes:

The cost of printing or postage in respect of any electoral activity such as the distribution of cards or pamphlets

The cost of radio broadcasting, television broadcasting, advertising of any kind, billboards, posters, etc, that are part of your election campaign

The cost of electronic communication that contributes to your campaign, such as the establishment and use of a website

The reasonable market value of any materials applied in respect of any electoral activity that are given to the candidate or are provided to the candidate free of charge or below market value.

Electoral expense does not include:

The cost of operating a vehicle on which election advertising appears if that vehicle is used in good faith by you as the your personal means of transport

Expenses incurred by you in preparing your profile statement (including photograph)

The labour of any person that is provided to you free of charge by that person

The cost of any framework (other than commercial framework) that supports a hoarding on which an advertisement is displayed.

Nomination deposits are not electoral expenses and should not be included in a candidate’s Return.

Refer to section 104 of the Local Electoral Act 2001 in Appendix 5 for a complete list of electoral expenses and the definition of electoral activity.

19.2 What are the limits on expenditure?

As a candidate for election to the Wellington Regional Council, your campaign expenses must not exceed a certain amount. This amount is based on the population of your constituency, and is set out in the following table:

Constituency Total Population

Campaign Expenditure Limit

Kapiti Coast 51,400 $30,000

Lower Hutt 102,000 $55,000

Porirua-Tawa 69,400 $40,000

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Upper Hutt 42,000 $30,000

Wairarapa 43,200 $30,000

Wellington 188,900 $60,000

These campaign expenditure limits apply to the three months before Election Day, from 8 July 2016 to 8 October 20161. Where an election activity is carried on both before and within this period, then you must apportion costs in accordance with section 112 of the Local Electoral Act 2001. (See section 19.3 of this Handbook for more information on apportioning costs.)

It is an offence to incur electoral expenses in excess of your campaign expenditure limit. (See section 112AA of the Local Electoral Act 2001 reproduced at Appendix 5)

19.3 Apportioning costs

You must ensure that a fair proportion of the costs that are incurred as a candidate before 8 July 2016 count towards the expenditure limit of your election campaign. Where an electoral activity carries on both before and within the three-month pre-election period (8 July 2016 – 8 October 2016), its costs must be apportioned in accordance with section 112 of the Local Electoral Act 2001.

If, for example, you have a website that is used throughout the electoral period, but the costs associated with the development, preparation and production of the website are incurred before the electoral period, a fair proportion of the pre-election period costs would need to contribute towards your expenditure limit.

Where an electoral activity is carried out before the electoral period (8 July 2016 – 8 October 2016) and is finite or completed, then you would not need to include it in the expenditure limit. An example could be the costs for developing, placing and publishing an advertisement in the media prior to 8 July, with the advertisement not being used again within the period from 8 July 2016 and 8 October 2016.

If any election activity relates exclusively to campaigns for the election of two or more candidates, any electoral expenses must be apportioned equitably in relation to each of those candidates.

19.4 Payment of electoral expenses

Invoices for election expenses must be sent to a candidate within 30 days of the official result being declared.

Sums paid in excess of $200 (GST inclusive) must be documented with an invoice or a bill stating the particulars of the goods or services provided, and a receipt.

1 Section 111(2) of the Local Electoral Act 2001 sets out that if a candidate is a candidate for more than 1 election held at the same time, the total electoral expenses of that candidate must not exceed the highest amount permitted in respect of any one of the elections for which the person is a candidate.

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The candidate must pay any bill within 60 days of the declaration. It is an offence not to do this. Sections 106 and 107 of the Local Electoral Act 2001 set out a procedure to follow if a bill is disputed.

It is an offence to incur electoral expenses in excess of your campaign expenditure limit. (See section 112AA of the Local Electoral Act 2001 reproduced at Appendix 5).

20. Electoral donations

Candidates must keep proper records of all candidate donations received and must declare all electoral donations received above $1,500 (see section 20.2 below for discussion on donations made up of contributions from pooled funds).

20.1 What is an electoral donation?

An electoral donation is a donation of money, goods or services that is made for use in the candidate’s campaign. (See section 103A of the Local Electoral Act 2001 reproduced at Appendix 5).

A candidate donation includes:

Where a candidate is provided with goods or services free of charge that have a reasonable market value greater than $300

Where a candidate is provided with discounted goods or services and the reasonable market value of the goods or services is greater than $300, the difference between the contract or agreed price and the reasonable market value of those goods and services is a donation

Where a candidate sells over-valued goods or services the difference between the price paid and the reasonable market value is a donation, for example a fundraising auction or dinner.

A candidate donation does not include:

Volunteer labour

Goods or services provided free of charge to a candidate, or to any person on the candidate’s behalf that have a reasonable market value of $300 or less.

If a person or organisation gives or pays for goods or services that would otherwise be candidate election expenses, or a candidate’s party gives or pays for expense items, the reasonable market value of those items, whatever their value, should be recorded as an election expense. If the reasonable market value of the items exceeds $300 it should also be recorded as a donation.

20.2 Donations made up of contributions

A donation can be made up in part by funds contributed by more than one person (contributors), for example where there is a collection for a candidate’s

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campaign. (See section 103A of the Local Electoral Act 2001 reproduced at Appendix 5).

The total proceeds of a collection are treated as a donation under the Local Electoral Act 2001. The person who collects the money will normally be the donor. The individuals who contribute to the collection are contributors for the purposes of the Act.

If an electoral donation, other than an anonymous donation, is made up of contributions, the person transferring the donation (the transmitter or donor) must tell the candidate:

The fact that the donation is made up of contributions

In the case of individual contributions greater than $1,500 or aggregated contributions from the same contributor that are greater than $1,500, the name, address, and contribution of each contributor

The total of all amounts disclosed greater than $1,500

The total amount of contributions of $1,500 or less.

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.

It is an offence for a donor to intentionally conceal the identity of a contributor.

20.3 Transmitted donations

A donation can be made indirectly by a transmitter who transmits a donation to the candidate on someone else’s behalf. Any person who receives a donation on the candidate’s behalf must transmit it to the candidate within 10 working days.

When transmitting a donation, the transmitter must tell the candidate:

That the donation is being transmitted on behalf of a donor

The name and address of the donor

Whether the donation is made up of contributions, and if it does:

In the case of individual contributions greater than $1,500 or aggregated contributions from the same contributor that are greater than $1,500, the name, address, and contribution of each contributor

The total of all amounts disclosed greater than $1,500 The total amount of contributions of $1,500 or less.

Where a transmitter does not disclose the name and address of the donor, the donation must be treated as an anonymous donation (see section 20.4 below).

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It is an offence for a transmitter to intentionally conceal the identity of a donor or any contributor.

20.4 Anonymous donations

An anonymous donation is a donation made in such a way that the candidate who receives the donation does not know the identity of the donor and could not, in the circumstances, reasonably be expected to know the identity of the donor. (See section 103A of the Local Electoral Act 2001 reproduced at Appendix 5).

Candidates are not allowed to retain anonymous donations exceeding $1,500.

If a candidate receives an anonymous donation greater than $1,500, he or she may retain $1,500 of that donation. The balance of the donation must, within 20 working days of receipt, be paid to the Electoral Officer for payment into the general fund of the Wellington Regional Council.

If an anonymous donation exceeding $1,500 is received by a candidate who is seeking election to more than one office:

The candidate must designate one election campaign for election to one office for which the donation will be used; and

Within 20 working days of receiving the donation, pay to the Electoral Officer the amount of the donation, or its value, less $1,500.

If someone who is involved in the administration of the candidate’s campaign knows the identity of the donor of an anonymous donation exceeding $1500, they must disclose the donor’s identity to the candidate.

21. Keeping records of expenses and donations

Candidates must keep proper records of all candidate donations received (even donations of less than $1,500).

Every payment made for all election expenses of $200 or more must be documented with an invoice and receipt.

21.1 Keeping records to verify your Return

Candidates must take all reasonable steps to retain all records, documents, and accounts that are necessary to enable a return of electoral donations and expenses (Return) to be verified.

The records, documents, and accounts must be retained by the candidate until the expiry of the period within which a prosecution may be commenced under the Local Electoral Act 2001 in relation to the Return or to any matter to which the Return relates (see section 138AA which sets out time limits for prosecutions).

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22. Return of electoral expenses and electoral donations

You are required to supply a return of electoral expenses and electoral donations to Wellington Regional Council’s Electoral Officer (whether or not you’re elected) within 55 days after the official declaration of the election results. If you are out of the country when the result is declared, your Return must be filed within 76 days after the official declaration of the election results.

If there are no election expenses or donations to report on, you must file a nil Return.

The Returns are open to public inspection and will be published on Greater Wellington Regional Council’s website.

22.1 Where do I get a copy of the form?

A copy of the electoral expenses and donations form will be provided to you. Forms are also available on our website - www.gw.govt.nz/elections

22.2 What information must be included in my Return?

Your Return must include details on:

All of your electoral expenses

Any electoral donations you received exceeding $1,500.

Electoral expenses See section 19 of the Handbook for a description of electoral expenses.

You need to provide the name and description of every person or body of persons to whom or which any sum is paid. You must also include the reason for which any sum is paid.

Note: Sums paid for radio broadcasting, television broadcasting, newspaper advertising, posters, pamphlets, etc, must be set out separately and under separate headings.

Electoral donations You must include any donation worth over $1,500 that is received for use by you or on your behalf in your election campaign. This includes a series of donations made by one donor that aggregate more than $1,500.

You need to provide the name and address of the donor, the amount of the donation and the date the donation was received. In the case of aggregated donations you will need to set out the total amount of the donations and the date that each donation was received.

If the donation is made up of contributions, for each contribution of more than $1,500 (either on its own or aggregated) include the name and address of the contributor, and the amount of each contribution made by the contributor.

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Anonymous donations You must include any anonymous donations worth over $1,500 received for use by you or on your behalf in your election campaign.

You need to provide the date the donation was received, the amount received, the specific election campaign to which the donation was designated, and for any anonymous donations worth over $1,500 the amount paid to the Electoral Officer and the date the payment was made.

Refer to Appendix 5 for the provisions of the Local Electoral Act relating to electoral donations and expenses.

22.3 Are there any offences relating to electoral expenses, donations and Returns of electoral expenses and donations?

It is an offence:

To file a false Return

To fail to provide a Return in the prescribed form within 55 days (or 76 days if overseas) of the successful candidates being declared elected

To fail to retain records necessary to validate your Return

To spend in excess of your prescribed limit

To not pay your electoral expenses within 60 days of the successful candidates being declared elected

For a person involved in the administration of an electoral campaign to conceal the identity of an anonymous donor (if known)

For a transmitter of a donation to conceal the identity of a donor (if known)

For a donor to intentionally conceal the identity of a contributor

To contravene or circumvent the rules relating to anonymous donations that exceed $1,500.

Where the Electoral Officer believes you may have committed an electoral offence or receives a written complaint that an offence relating to a candidate’s donations and expenses has been committed, the matter must be reported to the Police. The maximum penalties for electoral offences are quite large. Depending on the offence, they can include imprisonment for a term not exceeding 2 years or a fine of up to $10,000.

To avoid committing an offence, it is important that you clearly understand the requirement to apportion your election expenses and know what needs to be included in your Return. Section 31 of this Handbook contains information relating to electoral offences.

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22.4 Keeping records to verify your Return

Candidates must take all reasonable steps to retain all records, documents, and accounts that are necessary to enable a Return to be verified.

The records, documents, and accounts must be retained by you until the expiry of the period within which a prosecution may be commenced under the Local Electoral Act 2001 in relation to the Return or to any matter to which the Return relates (see section 138AA, which sets out time limits for prosecutions).

22.5 Your Return is a public document

Your Return becomes a public document once it is returned to us. Anyone may inspect this document, or take a copy of it, for a period of seven years after it is received.

A copy of your Return must be put on Greater Wellington Regional Council’s website.

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23. Who can enrol to vote?

The following people are eligible to vote:

All residents enrolled on the Parliamentary Electoral Roll

All non-resident ratepayers enrolled on the Ratepayer Electoral Roll.

To be qualified to be enrolled on the Parliamentary Electoral Roll, an elector must:

Be a New Zealand citizen or a permanent resident of New Zealand, and

Be 18 years of age or over, and

Have at some time resided continuously in New Zealand for one year or longer, and

Not be disqualified under the Electoral Act 1993.

Residents of the constituency in which you are standing for election, who are registered as parliamentary electors, are automatically enrolled on the Residential Electoral Roll held by the local city of district council. There is no need for these people to enrol separately to participate in local government elections.

Ratepayers who are not residents in the Wellington Region, but pay rates on property within the region, may be entitled to enrol on the Ratepayer Roll.

Companies, businesses, trusts and societies that are ratepayers, may also nominate an elector to vote on their behalf, provided that elector resides outside of the Wellington Region.

24. The Electoral Roll

24.1 What is the Electoral Roll?

The Electoral Roll is a list of all people who are residential electors (i.e. those people enrolled on the Parliamentary Electoral Roll) and ratepayer electors in a particular area. Before being finalised, it is referred to as the preliminary Electoral Roll. Once updated, the final Electoral Roll is used to send out voting documents to electors.

24.2 How will members of the public know if they are on the Electoral Roll?

Members of the public can check if they are on the Electoral Roll and whether their details are correct by:

Checking their enrolment update pack when it is posted to them

Checking online at www.elections.org.nz

Inspecting a copy of the Electoral Roll at one of several locations.

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Enrolment update pack Electors who are already on the Parliamentary Electoral Roll are automatically included on the Electoral Roll. They were sent an enrolment update pack from Enrolment Services at the Electoral Commission (Enrolment Services) in late June 2016. This allows electors to check whether their details are correct.

If an elector does not receive an enrolment update pack by 4 July they are either not enrolled or their address needs updating. If the name and/or address of the elector is incorrect the elector will not receive their voting document.

Inspection of the preliminary Electoral Roll Members of the public can inspect a copy of the preliminary Electoral Roll at:

Their local city and district council’s offices

Greater Wellington Regional Council’s main offices in Wellington and Masterton

Libraries throughout the Wellington Region

All New Zealand Post shops.

The preliminary Electoral Roll will be available for inspection from 15 July to 12 August 2016.

24.3 How do electors enrol or correct their details?

Members of the public who qualify as residential electors can update their details through their enrolment update pack or by:

Completing the appropriate form at any Post Shop

Accessing the appropriate forms from the Enrolment Services website on www.elections.org.nz

Telephoning 0800 ENROLNOW (0800 36 76 56).

Any changes, queries or omissions to the ratepayer electors’ part of the Electoral Roll should be referred to the electoral officer or deputy electoral officer of the relevant local city or district council.

24.4 When does the preliminary Electoral Roll close?

The preliminary Electoral Roll closes on 12 August 2016. If you want to ensure you receive your voting papers in the post, then you have to make sure that you are enrolled with your correct details before then.

If a member of the public has not enrolled by 12 August 2016 they can still vote, but they will have to enrol late and cast a special vote. Section 28 of this Handbook provides details on casting a special vote.

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25. The final Electoral Roll

The final Electoral Roll is produced once the preliminary Electoral Roll closes on 12 August 2016. It is used for issuing voting documents to electors.

The following details appear in the Electoral Roll:

Electors' names (surname, then first names) listed alphabetically

The qualifying address of the elector

The elector’s occupation is shown alongside.

No postal addresses, as distinct from the residential addresses, will be shown on the roll.

26. Where can I get a copy of the Electoral Roll?

Hard copies of the preliminary Electoral Roll and final Electoral Roll may be purchased from the electoral officer of the relevant city or district council (see section 7 of this Handbook for contact details).

Information contained on the electoral rolls is not available from the Electoral Officer in an electronic form, but candidates or political parties may request an electronic listing of resident electors from Enrolment Services (provided the criteria in section 114 of the Electoral Act 1993 are met). An application form must be completed. These forms are available from the Enrolment Services by contacting Michael Calvelo on (04) 801 0710 or fax (04) 801 0709.

With regard to a listing of non-resident ratepayer electors, you may purchase mailing labels and/or postal address lists from the electoral officer of the relevant city or district council.

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27. Voting

The elections will be conducted by postal voting. Voting documents will be posted out to all electors whose names appear on the final Electoral Roll. New Zealand Post will send the voting documents to electors sometime between Friday, 16 September 2016 and Wednesday, 21 September 2016.

Each elector should complete their voting document and return it in the postage paid envelope provided. Completed voting documents should be posted back by 5 October 2016 to ensure that they arrive before the close of voting (12 noon, Saturday 8 October 2016).

Electors can deliver their voting documents by hand. Residential electors must give their voting documents to the electoral officer of their local city or district council. Ratepayer electors must give their voting documents to the electoral officer of the city or district council in the area they own a property that they do not live in.

28. Special voting

28.1 Who can cast a special vote?

Special votes are available to electors:

Whose name is not included on the publicly available Electoral Rolls used for this election or has been wrongly deleted from that copy

Whose address on the printed Electoral Rolls is out of date, and they have been living continuously for one month or more at their new address which is in a different constituency

Who are enrolled as an elector after the printed Electoral Rolls closed

Who have spoilt, lost or not received their ordinary voting documents

Who have satisfied the electoral officer that it will not be possible or practicable for them to vote by casting an ordinary vote without incurring hardship or undue inconvenience

Who enrolled as a ratepayer elector after the close of the Ratepayer Roll and Parliamentary Electoral Roll and would like to vote in the elections.

28.2 How does an elector cast a special vote?

To cast a special vote an elector must:

Be qualified as an elector before the close of voting (12 noon on Saturday, 8 October 2016), and

Have applied to enrol on the Electoral Roll by Friday, 7 October 2016, and

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Complete the special vote form together with a statutory declaration and return the documents to the electoral officer by 12 noon on Saturday, 8 October 2016.

Where can electors get their special vote forms? Special vote forms will be available from Friday, 16 September 2016 to 12 noon on Saturday, 8 October 2016 at a variety of locations. Electors who wish to cast a special vote should contact their city or district council (see section 7 of this Handbook for contact details).

Special votes can be posted directly to an elector or picked up by, or on behalf of, an elector. However, neither candidates nor their assistants can collect special vote forms for distribution to electors.

How does a member of the public enrol to vote after 12 August 2016? Enrolling as a residential elector

If an elector requests a special vote and is not on the Parliamentary Electoral Roll (for example, they turned 18 years of age after the preliminary Electoral Roll closed), the person must have applied to enrol by Friday, 7 October 2016. An application for registration as a parliamentary elector may be obtained:

From any Post Shop

By accessing the Enrolment Services website on www.elections.org.nz

By telephoning 0800 ENROLNOW (0800 36 76 56).

Enrolling as a ratepayer elector

If a person has qualified as a ratepayer elector, the person must have applied to enrol as a ratepayer elector by Friday, 7 October 2016. An application for registration as a ratepayer elector may be obtained from your city or district council.

What happens once a member of the public has cast their special vote? Special vote declarations are checked to make sure that they comply with the requirements set out in regulation 38 of the Local Electoral Regulations 2001. If the declaration complies with regulation 38, the electoral officer will determine whether the special voter was qualified to vote.

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29. Early processing of votes

Voting documents may be opened and processed (but not counted) during the voting period before the close of voting. No tallying of votes is undertaken until after the close of voting on Election Day (12 noon, Saturday, 8 October 2016).

The early processing of voting documents involves the following functions:

Opening of envelopes

Extracting of voting documents

Checking for informal or duplicate votes

Electronic capture and reconciliation of valid votes.

Early processing is undertaken with strict security measures in place. One or more Justices of the Peace observe all early processing, and sign a statement at the end of the processing to confirm that it was undertaken correctly and conformed with the strict legal requirements. A Justice of the Peace must be present at all times when early processing is taking place.

Candidate scrutineers are not permitted to observe early processing of votes. They can, however, observe electoral officials while they wand or scan the barcodes on the closed envelopes containing voting documents and record which electors they have received voting documents from.

30. Appointing scrutineers

30.1 How do I appoint a scrutineer?

You can appoint a scrutineer or scrutineers to oversee various functions of the election. If you wish to appoint scrutineers you must do so in writing to our Electoral Officer. The Electoral Officer must receive the letter of appointment no later than 12 noon on Friday, 7 October 2016. Please contact our Electoral Officer if you would like to be sent an example letter of appointment1.

30.2 What is the role of a scrutineer?

The role of a scrutineer is to ensure that election procedures are undertaken correctly and that the count of votes is done fairly and reasonably. A scrutineer can oversee the following functions:

Scrutiny of the roll

Preliminary count

Official count.

1 Please note that in the Wellington Region vote processing for all constituencies (excluding the Kapiti Coast Constituency) is conducted in Christchurch. Vote processing for the Kapiti Coast Constituency is conducted in Paraparaumu.

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30.3 Who cannot be a scrutineer?

A scrutineer cannot be:

A candidate

A member

or employee of any local authority or community board for an election being conducted

Under 18 years old.

You can appoint more than one scrutineer for each of the functions in section 30.2 of this Handbook, but only one scrutineer for each candidate may be present at any one time.

30.4 Rules for scrutineers

Each scrutineer must report to the electoral officer or deputy electoral officer on arrival. The scrutineer will need to sign a declaration pledging not to disclose any information coming to his or her knowledge and receive a name tag. When departing the premises, scrutineers are to return their name tag to the electoral officer.

Scrutineers may leave or re-enter the place where election functions are being conducted, but it is an offence (and liable to a fine) to make known:

For what candidate any voter has voted

The state of the election, gives, or pretends to give any information by which the state of election may be known, before the close of voting.

During the preliminary and official counts, scrutineers must not talk to any staff member and should not distract, annoy, or linger close by or talk loudly to one another so as to disrupt or upset any staff member. All communication should be through the electoral officer or deputy electoral officer.

No refreshments or meals will be provided to scrutineers. Scrutineers are advised to make their own provision for refreshments.

Mobile phones are prohibited within the secure area where the count will take place.

You or one of your scrutineers may, before the close of voting, ask the Electoral Officer to provide a listing of names of people from whom voting documents have been returned. Such a request can be supplied in either hardcopy or electronic copy, but a reasonable charge will be made for this (section 68(6) of the Local Electoral Act 2001).

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30.5 Preliminary and official election results

As soon as practicable after the close of voting, the preliminary election results will be released:

To candidates (by email or by facsimile as arranged with candidates)

On our website, www.gw.govt.nz/elections

The preliminary results may not include any special votes, so may differ from the final results.

The final election results will be declared in the region’s main daily newspapers (The Dominion Post and Wairarapa Times Age) between 13 October and 19 October 2016.

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31. Election offences

31.1 Duty to take action in respect of offences

If an electoral officer receives a written complaint, or believes for any other reason, that an offence has been committed under Part 5, Part 5A or Part 7 of the Local Electoral Act 2001, the electoral officer must report the complaint, or belief, to the Police.

In addition, any person is able to report an alleged offence to the Police.

However, an electoral officer is not required to report the failure by a candidate to file a Return under section 112A if the candidate files the Return promptly after being required to do so by the electoral officer.

31.2 Time limit for prosecutions

A prosecution under section 112C (failure to file Return) must be commenced within 6 months of the date on which the Return was required to be filed.

A prosecution under section 103K (contravening or circumventing the requirements in section 103J, which relate to anonymous donations) or 112D (filing a false Return) must be commenced:

Within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but

Not later than 3 years after the offence was committed.

31.3 What are the offences under Parts 5, 5A, and 7 of the Local Electoral Act 2001?

Part 5 deals with offences relating to electoral donations, electoral expenses and Returns. Part 5A deals with offences relating to electoral advertising as set out in section 113 of the Local Electoral Act 2001. Part 7 deals with general offences, for which candidates, electors and electoral officials can become liable under the Local Electoral Act 2001.

Offences set out in Parts 5, 5A and 7 of the Local Electoral Act 2001 are reproduced at Appendix 6.

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32. Post-election processes

The Wellington Regional Council comprises of 13 Councillors who are elected members. These Councillors will meet as the Wellington Regional Council.

32.1 Statutory declaration required before acting

No elected member can act until they have made their statutory declaration. Members make their declaration at the first meeting of Council after the elections. Each member must declare that they will perform, in the best interests of the Wellington Region, the powers, authorities, and duties vested in, or imposed upon them as a member of the Wellington Regional Council, by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987 or any other Act.

32.2 Briefings and induction

Once members have made their declarations, a series of briefings, training and induction processes are planned to assist new elected members in settling into their duties as quickly and efficiently as possible. Briefings will be provided on key projects and issues and will lead into the annual plan/long-term plan process.

32.3 Selecting Committees and appointing Chairpersons

Following the elections, the Council selects its Committees and appoints members to those Committees, including Committee Chairpersons. To assist in the efficient running of business, the Council generally appoints Committees and Subcommittees to conduct its business under delegation where it is empowered to do so.

The Council also elects the Council Chairperson and Deputy Chairperson.

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33. Roles and responsibilities of members

33.1 The role of councillors

Governance Elected members, acting as the Council, are responsible for governance. This role includes:

The development and adoption of Council policy

Monitoring the performance of the Council against its stated objectives and policies

Prudent stewardship of Council resources

Employment of the Chief Executive.

Council can only act by majority decisions Unless otherwise provided in the Local Government Act 2002 or in the Council’s Standing Orders, the Council can only act by majority decisions at meetings. No individual member has the authority to act on behalf of the Council unless provided for by statute or the Council has expressly delegated such authority.

Relationship with the community Elected members are responsible for representing the interests of the residents and ratepayers of the region. The relationship between the region’s community and elected members is key to effective Council decision-making. Members should act in a manner that encourages and values community involvement in local democracy. Members should ensure that individual citizens are accorded respect in their dealings with the Council, have their concerns listened to, and deliberated on in accordance with the requirements of the Local Government Act 2002.

33.2 The role of Committee Chairpersons

Some Councillors will also be Committee or Subcommittee Chairpersons. A Committee Chairperson presides over all meetings of their Committee, ensuring the Committee acts within the powers delegated by Council. Committee Chairpersons may be called on to act as official spokespersons on issues within the terms of reference for their Committees.

Deputy Chairpersons of Committees shall fulfil the functions of the Chair when the Chairperson is absent.

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34. Requirements and time commitments of members

Depending on the role (Council Chair, Committee Chair or Councillor), the time commitment can be significant. The main requirements for elected members are to attend meetings, read reports, attend briefings, conduct site visits and respond to constituent enquiries.

Elected members are expected to attend the meetings (including extraordinary meetings) of the Council, as well as the Committees and Subcommittees, working parties, and external organisations to which they are appointed.

The organisation offers support, through Democratic Services, to elected members to assist them in their duties.

Elected members are representatives of the community and this can have an impact on day-to-day living that is different to lots of other jobs. Councillors need to be aware that they could be approached at any time.

35. Elected members’ remuneration

The Remuneration Authority is the statutory body that establishes remuneration for local government. The Remuneration Authority has set the remuneration for elected members of the Wellington Regional Council for 2016/17.

The 2016/17 annual remuneration is set out below:

Chairperson $159,393

Deputy Chairperson/Committee Chairperson

$87,676

Committee Chairperson (2) $78,282

Portfolio Leader (2) $78,282

Chairperson, Hutt Valley Flood Management Subcommittee

$68,010

Councillor $62,626

36. Members’ code of conduct

Wellington Regional Council adopted a Code of Conduct on 28 September 2011. The Code provides guidance on the standards of behaviour that are expected from our councillors. The Code applies to elected members in their dealings with:

Each other

The Chief Executive

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All staff employed by the Chief Executive on behalf of Wellington Regional Council

The media

The general public.

The Code sits alongside the Council’s Standing Orders. The Standing Orders set out the procedures to be followed for the conduct of meetings of the Council and those of its Committees.

The objective of the Code is to enhance:

The effectiveness of Wellington Regional Council as an autonomous local authority with statutory responsibilities

Good governance

The credibility and accountability of Wellington Regional Council within its community

Mutual trust, respect and tolerance between the elected members as a group and between the elected members and management.

The Code seeks to achieve its objectives by recording:

An agreed statement of roles and responsibilities

Agreed general principles of conduct

Specific codes of conduct applying to particular circumstances or matters.

A full copy of the Code is available online at www.gw.govt.nz or from our Electoral Officer.

Appendix 1

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Appendices

Appendix 1: Rules for nominations

Nominators 1. Two electors must nominate a candidate. 2. A nominator may be a residential or ratepayer elector. 3. Each nominator must be enrolled in the constituency for which the candidate is standing. 4. A candidate cannot nominate themselves for office. 5. Under section 121 of the Local Electoral Act 2001, a nominator who:

- Nominates any person as a candidate whom he/she knows to be ineligible for election, or

- Signs a nomination paper purporting to nominate another person as a candidate when knowing that they are not qualified to vote at the election of the person they have nominated

is liable to a fine of up to $2,000.

Candidate qualifications 6. A candidate must be a parliamentary elector and be a New Zealand citizen to be eligible

to stand for election. Candidate restrictions 7. No person may, at the same time, be a candidate for election to both:

- The Wellington Regional Council, and - A constituent authority of the Wellington Region (either as the Mayor and/or

councillor or community board member). A constituent authority in relation to the Wellington Region means a territorial authority that has jurisdiction over a constituent district or a community board for a community that is wholly or partly within the Wellington Region.

8. Candidates cannot stand for election for more than one constituency in the Wellington Region.

9. No person can be elected to local authority if he/she is concerned or interested in contracts over $25,000 (inclusive of GST) in any financial year with that local authority. This restriction is waived if prior approval from the Office of the Auditor-General is obtained.

10. Under section 121 of the Local Electoral Act 2001, any person is liable to a fine of up to $2,000 who consents to being nominated as a candidate when knowing themselves to be ineligible for election.

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Candidate name and affiliation 11. Where no affiliation is claimed, or an affiliation is disallowed by the Electoral Officer

under section 57 of the Local Electoral Act 2001, nothing will be shown in the public notice or on the voting paper against the candidate’s name. A candidate with no affiliation may request that “Independent” be shown in the public notice and on the voting documents.

12. Under section 56 of the Local Electoral Act 2001, a candidate may state a name under which they are commonly known, to be published on the voting documents, provided that the name will not:

- Cause offence to a reasonable person - Be unreasonably long - Include or resemble an official rank or title - Cause confusion or mislead electors.

Candidate Profile Statements 13. A candidate may, in accordance with section 61 of the Local Electoral Act 2001and

clauses 26-29 of the Local Electoral Regulations 2001, provide a candidate profile statement, including a recent photograph, for dispatch to electors with the voting documents. For further information about candidate profile statements please refer to the Candidate Profile section of this Handbook.

Candidate profile statements must be provided when the nomination paper is lodged. Deposit 14. A deposit of $200 is required. Please refer to the Nomination Deposit section of this

Handbook for further information about paying your deposit.

A deposit of $200.00 (inclusive of GST) is required to be received with the nomination paper. Close of nominations 15. Nominations of candidates must be in the hands of the Electoral Officer or Deputy

Electoral Officer of the Wellington Regional Council, Shed 39, 2 Fryatt Quay, Pipitea, Wellington 6011 not later than 12 noon on 12 August 2016.

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Appendix 2: Greater Wellington Regional Council’s rules for word count of candidate profile statements

The following rules will be applied by the Electoral Officer when determining the word count of candidate profile statements (CPS):

The CPS must be limited to 150 words.

The required statement about a candidate’s principal place of residence will not be counted as part of the 150 word limit.

The requirement to specify other positions to which a candidate seeks election in the CPS will not be counted as part of the 150 word limit.

Candidate names and affiliations automatically go at the top of the CPS. Candidates do not need to put these things at the top of their CPS. If they are used as a heading at the top of the CPS they do not get included in the word count as they will be included anyway.

Hyphenated words where the two words if separated, have their own meaning are considered two words.

Hyphenated words where a prefix such as “re” is attached is considered one word. This is because “re” cannot stand by itself as a word and is not strictly considered a compound word.

Dates such as 1989 will be counted as one word. Where written as 1989-1990 they will count as two words.

Where an acronym is written with no gaps between the letters, for example, GWRC it will count as one word.

Where an initial of a name is included, for example, V Westwood, the initial (V) is counted as a word.

Contractions will be counted as one word.

Email and web addresses count as one word (subject to reasonable use).

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Appendix 3: Provisions of the Local Electoral Act 2001 relating to candidate advertising

113 Advertisements for candidates

(1) No person may publish or cause to be published in any newspaper, periodical, notice, poster, pamphlet, handbill, billboard, or card, or broadcast or permit to be broadcast over any radio or television station, any advertisement that is used or appears to be used to promote or procure the election of a candidate at an election, unless subsection (2) or subsection (4) applies.

(2) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—

(a) the publication of that advertisement is authorised in writing by the candidate or the candidate's agent or, in the case of an advertisement relating to more than 1 candidate, the candidates or an agent acting for all of those candidates; and

(b) the advertisement contains a statement setting out the true name of the person or persons for whom or at whose direction it is published and the address of his or her place of residence or business.

(3) A candidate is not responsible for an act committed by an agent without the consent or connivance of the candidate.

(4) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—

(a) the publication of the advertisement is endorsed by an organisation or body representing residents or ratepayers in the community or district in which the advertisement is published; and

(b) the advertisement contains a statement setting out—

(i) the true name of the person or persons for whom or at whose direction it is published and the address of his or her residence or place of business; and

(ii) the true name of the organisation or body that has endorsed the publication of the advertisement and the address of the place of business of that organisation or body.

(5) This section does not restrict the publication of any news or comments relating to an election in a newspaper or other periodical, or on the Internet, or in any other medium of electronic communication accessible by the public, or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989.

(6) A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.

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Appendix 4: Wellington Regional Council’s communication policy for the 2016 pre-election period

The following rules shall be observed by councillors and staff of Wellington Regional Council during the pre-election period from 8 July 2016 to 8 October 2016:

GWRC’s resources shall not be used for re-election purposes.

Councillors shall not use Council resources to express their personal views or opinions.

Communication by GWRC shall be limited to what is necessary to carry out or convey Council business. The Chief Executive will determine this.

GWRC’s mass communication facilities, such as newspaper advertorials, Facebook, Twitter, radio advertising, rates newsletters and web site, shall not include content that may raise the profile of a councillor or councillors.

The Chief Executive, or his delegates, alone have the power to authorise GWRC communications.

In practice, this means:

Councillors must not use Council communication facilities and resources such as stationery, postage, internet, social media, photographs, clothing, email and telephone for campaign purposes.

Councillors may continue to access Council resources to communicate with individual constituents in their official capacities as members of the Council. However, care should be taken to avoid using, or avoid the perception of using, these resources for campaign purposes.

At the discretion of the Chief Executive, the Council Chairperson and committee chairpersons will continue to represent the Council. Quotes and comments attributed to them will continue to be used in media statements setting out the Council’s position on issues, e.g. major decisions made at committee meetings, and the announcement of new initiatives.

Mandatory communications such as public notices required by statute, our annual plan and annual report will continue.

Mass communications from GWRC with constituents will not contain quotes from or about councillors, nor include journalistic use of photographic material that may raise the profile of a councillor or councillors.

Councillors will not be able to include the Council logo, telephone nu