Local Electoral Amendment Regulations 2003

2003/391

Local Electoral Amendment Regulations 2003


Note

These regulations are administered in the Department of Internal Affairs.


Pursuant to sections 139 and 140A of the Local Electoral Act 2001, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents


1 Title
  • (1) These regulations are the Local Electoral Amendment Regulations 2003.

    (2) In these regulations, the Local Electoral Regulations 20011 are called the principal regulations.

2 Commencement
  • These regulations come into force on 1 January 2004.

3 Interpretation
  • (1) Regulation 4(1) of the principal regulations is amended by revoking the definitions of blank voting document, informal voting document, and valid voting document.

    (2) Regulation 4(1) of the principal regulations is amended by inserting, before the definition of postal voting, the following definition:

    New Zealand method of counting single transferable votes means the method set out in Schedule 1A.

    (3) Regulation 4(1) of the principal regulations is amended by revoking the definition of Single Transferable Voting electoral system, and substituting the following definition:

    Single Transferable Voting electoral system means the electoral system commonly known as Single Transferable Voting using the New Zealand method of counting single transferable votes, a general description of which is set out in regulation 5A.

4 New regulations 5 and 5A substituted
  • (1) The principal regulations are amended by revoking regulations 5 and 5A, and substituting the following regulations:

    5 General description of First Past the Post electoral system
    • The First Past the Post electoral system,—

      • (a) in the case of an election, has the following features:

        • (i) voters may cast as many votes as there are positions to be filled:

        • (ii) where a single position is to be filled, the candidate who receives the highest number of votes is elected:

        • (iii) where more than 1 position is to be filled, the candidates equal to the number of positions who receive the highest number of votes are elected:

      • (b) in the case of a poll, has the features specified in paragraph (a) as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that are the subject of the poll.

    5A General description of Single Transferable Voting electoral system
    • (1) The Single Transferable Voting electoral system,—

      • (a) in the case of an election for multi-member vacancies, has the following features:

        • (i) voters express a first preference for 1 candidate and may express second and further preferences for other candidates:

        • (ii) a quota for election is calculated from the number of votes and positions to be filled:

        • (iii) the first preferences are counted and any candidate whose first preference votes equal or exceed the quota is elected:

        • (iv) if insufficient candidates are elected under subparagraph (iii), the proportion of an elected candidate's votes above the quota is redistributed according to voters' further preferences, and—

          • (A) candidates who then reach the quota are elected; and

          • (B) the candidate with the fewest votes is excluded:

        • (v) the excluded candidate's votes are redistributed according to voters' further preferences:

        • (vi) if insufficient candidates are elected under subparagraphs (iv) and (v), the steps described in subparagraphs (iv) and (v) are repeated until all positions are filled:

      • (b) in the case of an election for a mayoral or single member vacancy, has the following features:

        • (i) voters express a first preference for 1 candidate and may express second and further preferences for other candidates:

        • (ii) an absolute majority of votes for election is calculated from the number of votes and positions to be filled:

        • (iii) the first preferences are counted and if a candidate's first preference votes equal or exceed the absolute majority of votes that candidate is elected:

        • (iv) if no candidate is elected under subparagraph (iii), the candidate with the fewest votes is excluded and that candidate's votes are redistributed according to voters' further preferences:

        • (v) if no candidate is elected under subparagraph (iv), the steps described in subparagraph (iv) are repeated until a candidate is elected:

      • (c) in the case of a poll, has the features specified in paragraphs (a) and (b) as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that-are the subject of the poll.

5 Order of candidates' names on voting documents
  • (1) Regulation 31(4) of the principal regulations is amended by

    • (a) omitting the words or random order; and

    • (b) adding the words and any person is entitled to attend.

    (2) Regulation 31 of the principal regulations is amended by revoking subclause (5), and substituting the following subclause:

    • (5) In this regulation,—

      pseudo-random order means an arrangement where—

      • (a) the order of the names of the candidates is determined randomly; and

      • (b) all voting documents use that order

      random order means an arrangement where the order of the names of the candidates is determined randomly or nearly randomly for each voting document by, for example, the process used to print each voting document.

6 New regulations 44 and 45 substituted
  • The principal regulations are amended by revoking regulations 44 and 45, and substituting the following regulations:

    44 Procedure when special votes allowed
    • If a special voting declaration or list is marked under regulation 40 or regulation 43 with the word qualified,—

      • (a) the corresponding voting document is a special voting document for the purposes of Parts 3 and 4; and

      • (b) the electoral officer must, as soon as practicable,—

        • (i) in the case of elections and polls under the First Past the Post electoral system, deal with the corresponding voting document under—

          • (A) regulations 56 to 58, in the case of postal voting; or

          • (B) regulations 78 and 79, in the case of booth voting:

        • (ii) in the case of elections and polls under the Single Transferable Voting electoral system, deal with the corresponding voting document under—

          • (A) regulations 101 to 103, in the case of postal voting; or

          • (B) regulations 123 and 123A, in the case of booth voting.

    45 Procedure when special votes not allowed
    • If a declaration or list is marked under regulation 40 or regulation 43 with the words not qualified,—

      • (a) the electoral officer must, as soon as practicable, mark the declaration with the words disallowed, not qualified ; and

      • (b) the corresponding voting document must not be dealt with under Parts 3 and 4.

7 Neutral information on polls
  • (1) Regulation 46(1) of the principal regulations is amended by omitting the words proposal or the proposals of, and substituting the words matter or matters that are the subject of.

    (2) Regulation 46(1) of the principal regulations is amended by omitting the words proposal or the proposals, and substituting the words matter or matters.

8 New regulation 48 substituted
  • The principal regulations are amended by revoking regulation 48, and substituting the following regulation:

    48 Interpretation
    • (1) In this Part, unless the context otherwise requires,—

      blank voting document means a voting document, in the case of an election, on which there is no evidence that the voter has attempted to indicate his or her intention to vote for 1 or more candidates on the voting document with respect to that election

      checking system means a system that—

      • (a) is designed to ensure that—

        • (i) votes recorded from valid voting documents correctly record the intentions of voters expressed in those voting documents; and

        • (ii) votes are counted correctly; and

        • (iii) results are determined correctly according to the First Past the Post electoral system; and

      • (b) may include components that—

        • (i) identify errors and processes likely to generate errors, including (but not limited to) components that entail the—

          • (A) repetition of operations and the comparison of the results produced without varying the processes used to perform the operation or by varying the processes used to perform the operation or by using different processes to perform the operation; and

          • (B) use of selection methods, for example, selecting all operations or selecting operations by type or selecting operations carried out over a period of time or selecting selection operations by sampling:

        • (ii) correct errors:

        • (iii) modify processes so that they are less likely to generate errors; and

      • (c) must, if practicable, correct any errors that it identifies

      informal voting document means a voting document—

      • (a) that the electoral officer has reasonable cause to believe was not issued to an elector by the electoral officer or other electoral official; or

      • (b) on which the number of candidates for whom the voter has voted exceeds the number of candidates to be elected; or

      • (c) is not a blank voting document and does not clearly indicate the candidate or candidates for whom the voter desired to vote

      operation, with respect to a checking system, includes any act for the purposes of regulations 56 to 58, 78 and 79 and any set of such acts, including (but not limited to) a set of acts defined by sampling

      ordinary vote means a vote from a valid ordinary voting document

      ordinary voting document means a voting document that is not a special voting document

      process or processing voting documents means to carry out any process that facilitates the efficient counting of votes, and—

      • (a) includes—

        • (i) opening returned envelopes:

        • (ii) extracting voting documents:

        • (iii) rejecting blank or informal voting documents:

        • (iv) identifying valid voting documents:

        • (v) recording votes from valid voting documents and putting them in a form for counting in an automated counting process; but

      • (b) does not include counting votes

      special vote means a vote from a valid special voting document

      special voting document means a voting document declared to be a special voting document under regulation 44

      valid, with respect to a voting document, means a voting document that is not—

      • (a) a blank voting document; or

      • (b) an informal voting document; or

      • (c) precluded from being a valid voting document under regulation 61(2) or regulation 80(2)

      votes means ordinary votes and special votes.

      (2) In this Part, unless the context otherwise requires, any reference to a determination, or any other action of an electoral officer, includes an action taken by an automated process.

      (3) In the case of a poll, this Part applies as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that are the subject of the poll.

9 Regulation 50 revoked
  • The principal regulations are amended by revoking regulation 50.

10 New regulations 55 to 60 substituted
  • The principal regulations are amended by revoking regulations 55 to 60, and substituting the following regulations:

    55 Dealing with returned envelopes
    • (1) At any time before the close of voting, an electoral officer may use the information from a returned envelope to—

      • (a) deal with the envelope in any way that facilitates the processing of the voting document:

      • (b) carry out the tasks set out in section 83 of the Act (which relates to the scrutiny of the roll).

      (2) The electoral officer must—

      • (a) inform candidates and their scrutineers when and where he or she will carry out the tasks specified in subclause (1)(b); and

      • (b) allow the scrutineers to be present.

      (3) Nothing in this regulation authorises an electoral officer to process a voting document.

    56 Processing voting documents during voting period
    • (1) If a local authority has made a determination under section 79 of the Act, an electoral officer may process voting documents during the voting period.

      (2) An electoral officer may not act under subclause (1) with respect to a voting document before he or she has acted under regulation 55(1)(b) with respect to that voting document.

    57 Processing voting documents after voting period
    • If a local authority has not made a determination under section 79 of the Act, the electoral officer must process voting documents as soon as practicable after the close of voting.

    58 Counting votes
    • (1) The electoral officer must determine the preliminary result of the election in accordance with the First Past the Post electoral system as soon as practicable after—

      • (a) all ordinary voting documents have been processed; and

      • (b) the close of voting.

      (2) The determination under subclause (1)—

      • (a) must be made using all ordinary votes; and

      • (b) may be made by also using special votes from valid special voting documents identified at that time.

      (3) The electoral officer must determine the official result of the election in accordance with the First Past the Post electoral system as soon as practicable after—

      • (a) all special voting documents have been—

        • (i) dealt with under regulation 44 or regulation 45; and

        • (ii) processed under regulation 56 or regulation 57; and

      • (b) the tasks set out in section 83 of the Act (which relates to the scrutiny of the roll) and regulation 61 (which relates to the disallowance of votes) have been completed.

      (4) The determination under subclause (3) must be made using all votes.

      (5) If, in acting under subclause (3), there is an equality of votes between candidates and the addition of 1 vote would entitle any of those candidates to be declared elected, the electoral officer must determine by lot which candidate is to be declared elected.

    59 Checking systems
    • The electoral officer must apply a checking system to the operations under regulations 56 to 58.

    60 Performance standard for checking systems
    • (1) The checking system must ensure that the results of the counting specified in regulation 58(3) are as least as accurate as those that would be produced by—

      • (a) carrying out the following operations manually:

        • (i) rejecting blank voting documents and informal voting documents:

        • (ii) counting votes from valid voting documents; and

      • (b) repeating the operations in paragraph (a); and

      • (c) resolving any discrepancies.

      (2) In determining whether or not the performance standard in subclause (1) is met, it is sufficient to make reasonable inferences about the errors that are likely to be generated by the operations specified in subclause (1)(a).

11 Other disallowed votes
  • Regulation 61 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) A voting document dealt with under subclause (1) is not a valid voting document for the purposes of this Part.

12 New regulation 61A inserted
  • The principal regulations are amended by inserting, after regulation 61, the following regulation:

    61A Preliminary results of elections
    • (1) For the purposes of section 85 of the Act, the electoral officer must—

      • (a) announce the determination specified in regulation 58(1) as soon as practicable after it is completed; and

      • (b) state—

        • (i) the number of persons to be elected for the local government area; and

        • (ii) the full names of the candidates; and

        • (iii) the number of votes for each candidate.

      (2) The announcement required by subclause (1) may be made by any means that the electoral officer considers appropriate.

      (3) Nothing in this regulation prevents the electoral officer from making other announcements about an election at other times after the close of voting.

13 New regulation 62 substituted
  • The principal regulations are amended by revoking regulation 62, and substituting the following regulation:

    62 Public notice of official result of election
    • For the purposes of section 86 of the Act, the public notice declaring the official result of an election must

      • (a) record the determination specified in regulation 58(3); and

      • (b) state—

        • (i) the number of persons to be elected for the local government area; and

        • (ii) the full names of the candidates; and

        • (iii) the number of votes for each candidate; and

        • (iv) the candidates who are declared to be elected; and

        • (v) the number of blank votes recorded; and

        • (vi) the number of informal votes recorded.

14 Regulation 63 revoked
  • The principal regulations are amended by revoking regulation 63.

15 Electoral records
  • (1) Regulation 65(1)(b)(iv) of the principal regulations is amended by omitting the words in the case of an election,.

    (2) The principal regulations are amended by revoking regulation 65(1)(b)(v).

    (3) Regulation 65(2)(c) of the principal regulations is amended by omitting the words or poll.

16 Electoral officer's certificate
  • (1) Regulation 66(1) of the principal regulations is amended by omitting the words In the case of an election,.

    (2) The principal regulations are amended by revoking regulation 66(2).

17 Regulation 70 revoked
  • The principal regulations are amended by revoking regulation 70.

18 New regulations 78 and 79 substituted
  • The principal regulations are amended by revoking regulations 78 and 79, and substituting the following regulations:

    78 Processing voting documents
    • The electoral officer must process voting documents as soon as practicable after the close of voting.

    79 Counting votes
    • (1) The electoral officer must determine the preliminary result of the election in accordance with the First Past the Post electoral system as soon as practicable after—

      • (a) all ordinary voting documents have been processed; and

      • (b) the close of voting.

      (2) The determination under subclause (1)—

      • (a) must be made using all ordinary votes; and

      • (b) may be made by also using special votes from valid special voting documents identified at that time.

      (3) The electoral officer must determine the official result of the election in accordance with the First Past the Post electoral system as soon as practicable after—

      • (a) all special voting documents have been—

        • (i) dealt with under regulation 44 or regulation 45; and

        • (ii) processed under regulation 78; and

      • (b) the tasks set out in section 83 of the Act (which relates to the scrutiny of the roll) and regulation 80 (which relates to the disallowance of votes) have been completed.

      (4) The determination under subclause (3) must be made using all votes.

      (5) If, in acting under subclause (3), there is an equality of votes between candidates and the addition of 1 vote would entitle any of those candidates to be declared elected, the electoral officer must determine by lot which candidate is to be declared elected.

    79A Checking systems
    • The electoral officer must apply a checking system to the operations under regulations 78 and 79.

    79B Performance standard for checking system
    • (1) The checking system must ensure that the results of the determination specified in regulation 79(3) are as least as accurate as those that would be produced by—

      • (a) carrying out the following operations manually:

        • (i) rejecting blank voting documents and informal voting documents:

        • (ii) counting votes from valid voting documents; and

      • (b) repeating the operations in paragraph (a); and

      • (c) resolving any discrepancies.

      (2) In determining whether or not the performance standard in subclause (1) is met, it is sufficient to make reasonable inferences about the errors that are likely to be generated by the operations specified in subclause (1)(a).

19 Other disallowed votes
  • Regulation 80 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) A voting document dealt with under subclause (1) is not a valid voting document for the purposes of this Part.

20 New regulation 80A inserted
  • The principal regulations are amended by inserting, after regulation 80, the following regulation:

    80A Preliminary results of elections
    • (1) For the purposes of section 85 of the Act, the electoral officer must—

      • (a) announce the determination specified in regulation 79(1) as soon as practicable after it is completed; and

      • (b) state—

        • (i) the number of persons to be elected for the local government area; and

        • (ii) the full names of the candidates; and

        • (iii) the number of votes for each candidate.

      (2) The announcement required by subclause (1) maybe made by any means that the electoral officer considers appropriate.

      (3) Nothing in this regulation prevents the electoral officer from making other announcements about an election at other times after the close of voting.

21 New regulation 81 substituted
  • The principal regulations are amended by revoking regulation 81, and substituting the following regulation:

    81 Public notice of official result of election
    • For the purposes of section 86 of the Act, the public notice declaring the official result of an election must—

      • (a) record the determination specified in regulation 79(3); and

      • (b) state—

        • (i) the number of persons to be elected for the local government area; and

        • (ii) the full names of the candidates; and

        • (iii) the number of votes for each candidate; and

        • (iv) the candidates who are declared to be elected; and

        • (v) the number of blank votes recorded; and

        • (vi) the number of informal votes recorded.

22 Regulation 82 revoked
  • The principal regulations are amended by revoking regulation 82.

23 Electoral records
  • (1) Regulation 83(1)(b)(iv) of the principal regulations is amended by omitting the words in the case of an election,.

    (2) The principal regulations are amended by revoking regulation 83(1)(b)(v).

24 Electoral officer's certificate
  • (1) Regulation 84(1) of the principal regulations is amended by omitting the words In the case of an election,.

    (2) The principal regulations are amended by revoking regulation 84(2).

25 New regulations 90A and 90B inserted
  • The principal regulations are amended by inserting, after regulation 90, the following regulations:

    90A Modifications to New Zealand method of counting single transferable votes for purposes of counting programs
    • (1) Algorithm 123 in the form described in the article specified in clause 1A of Schedule 1 of the Act and the formulas and procedures proposed in that article must, for the purposes of designing and operating any counting program to implement the New Zealand method of counting single transferable votes, incorporate the modifications required to generate the process specified in Schedule 1A.

      (2) The modifications specified in subclause (1) incorporate the modification effected by clause 8(a) of Schedule 1 of the Act.

      (3) Regulation 5A is of no effect for the purposes of designing any counting program to implement the New Zealand method of counting single transferable votes.

    90B Multiple elections with common candidates
    • (1) This regulation applies to elections if the circumstances set out in section 84(3) or (5B) of the Act (which relate to candidacies for positions that cannot be held concurrently) could occur.

      (2) If this regulation applies, the electoral officer must count the votes in the following order:

      • (a) the votes in any election for the position of mayor:

      • (b) the votes in any election for a member or members of the territorial authority other than the mayor:

      • (c) the votes in any election for a member or members of a community board.

26 New section 91 substituted
  • (1) The principal regulations are amended by revoking regulation 91, and substituting the following regulation:

    91 Interpretation
    • (1) In this Part, unless the context otherwise requires,—

      blank voting document means a voting document, in the case of an election, on which there is no evidence that the voter has attempted to indicate his or her intention to vote for 1 or more candidates on the voting document with respect to that election

      checking system means a system that—

      • (a) is designed to ensure that votes recorded from valid voting documents correctly record the intentions of voters expressed in those voting documents; and

      • (b) may include components that

        • (i) identify errors and processes likely to generate errors, including (but not limited to) components that entail the—

          • (A) repetition of operations and the comparison of the results produced without varying the processes used to perform the operation or by varying the processes used to perform the operation or by using different processes to perform the operation; and

          • (B) use of selection methods, for example, selecting all operations or selecting operations by type or selecting operations carried out over a period of time or selecting operations by sampling:

        • (ii) correct errors:

        • (iii) modify processes so that they are less likely to generate errors; and

      • (c) must, if practicable, correct any errors that it identifies

      informal voting document means a voting document that—

      • (a) the electoral officer has reasonable cause to believe was riot issued to an elector by the electoral officer or other electoral official; or

      • (b) is not a blank voting document and does not clearly indicate any recognisable preference for any candidate

      operation, with respect to a checking system, includes any act for the purposes of regulations 101, 102, and 123

      ordinary vote means a vote from a valid ordinary voting document

      ordinary voting document means a voting document that is not a special voting document

      process or processing voting documents means to carry out any process that facilitates the efficient counting of votes, and includes—

      • (a) opening returned envelopes:

      • (b) extracting voting documents:

      • (c) rejecting blank or informal voting documents:

      • (d) identifying valid voting documents:

      • (e) recording votes from valid voting documents and putting them in a form for counting by a certified counting program

      special vote means a vote from a valid special voting document

      special voting document means a voting document declared to be a special voting document under regulation 44

      valid, with respect to a voting document, means a voting document that is not—

      • (a) a blank voting document; or

      • (b) an informal voting document; or

      • (b) precluded from being a valid voting document under regulation 105(2) or regulation 125(2)

      votes means ordinary votes or special votes.

      (2) In this Part, unless the context otherwise requires, any reference to a determination, or any other action of an electoral officer, includes an action taken by an automated process.

      (3) In the case of a poll, this Part applies as if, with all necessary modifications, every reference to a candidate were a reference to the matter or matters that are the subject of the poll.

27 Regulations 92 and 93 revoked
  • The principal regulations are amended by revoking regulations 92 and 93.

28 Regulation 95 revoked
  • The principal regulations are amended by revoking regulation 95.

29 New regulations 100 to 104 substituted
  • The principal regulations are amended by revoking regulations 100 to 104, and substituting the following regulations:

    100 Dealing with returned envelopes
    • (1) At any time before the close of voting, an electoral officer may use the information from a returned envelope to—

      • (a) deal with the envelope in any way that facilitates the processing of the voting document:

      • (b) carry out the tasks set out in section 83 of the Act (which relates to the scrutiny of the roll).

      (2) The electoral officer must—

      • (a) inform candidates and their scrutineers when and where he or she will carry out the tasks specified in subclause (1)(b); and

      • (b) allow the scrutineers to be present.

      (3) Nothing in this regulation authorises an electoral officer to process a voting document.

    101 Processing voting documents during voting period
    • (1) If a local authority has made a determination under section 79 of the Act, an electoral officer may process voting documents during the voting period.

      (2) An electoral officer must not act under subclause (1) with respect to a voting document before he or she has acted under regulation 100(1)(b) with respect to that voting document.

    102 Processing voting documents after voting period
    • If a local authority has not made a determination under section 79 of the Act, the electoral officer must process voting documents as soon as practicable after the close of voting.

    103 Counting votes
    • (1) The electoral officer must determine the preliminary result of the election using a certified counting program as soon as practicable after—

      • (a) all ordinary voting documents have been processed; and

      • (b) the close of voting.

      (2) The determination under subclause (1)—

      • (a) must be made using all ordinary votes; and

      • (b) may be made by also using special votes from valid special voting documents identified at that time.

      (3) The electoral officer must determine the official result of the election using a certified counting program as soon as practicable after—

      • (a) all special voting documents have been—

        • (i) dealt with under regulation 44 or regulation 45; and

        • (ii) processed under regulation 101 or regulation 102; and

      • (b) the tasks set out in section 83 of the Act (which relates to the scrutiny of the roll) and regulation 105 (which relates to the disallowance of votes) have been completed.

      (4) The determination under subclause (3) must be made using all votes.

    104 Checking systems
    • The electoral officer must apply a checking system to the operations under regulations 101 and 102.

    104A Performance standard for checking systems
    • (1) The checking system must ensure the preferences recorded under regulation 101 or regulation 102 are as least as accurate as those that would be recorded by—

      • (a) carrying out the following operations manually:

        • (i) rejecting blank voting documents and informal voting documents:

        • (ii) recording votes from valid voting documents; and

      • (b) repeating the operations in paragraph (a); and

      • (c) resolving any discrepancies.

      (2) In determining whether or not the performance standard in subclause (1) is met, it is sufficient to make reasonable inferences about the errors that are likely to be generated by the operations specified in subclause (1)(a).

30 Other disallowed votes
  • Regulation 105 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) A voting document dealt with under subclause (1) is not a valid voting document for the purposes of this Part.

31 New regulation 105A inserted
  • The principal regulations are amended by inserting, after regulation 105, the following regulation:

    105A Preliminary results of elections
    • (1) For the purposes of section 85 of the Act, the electoral officer must—

      • (a) announce the determination specified in regulation 103(1) as soon as practicable after it is completed; and

      • (b) state, in the following order,—

        • (i) the number of persons to be elected for the local government area; and

        • (ii) the full names of the successful candidates in the order in which they became successful; and

        • (iii) the full names of any candidates who were hopeful candidates when counting was complete, in descending order of their number of votes; and

        • (iv) the full names of the excluded candidates in the reverse of t order in which they became excluded.

      (2) The announcement required by subsection (1) may be made by any means that the electoral officer considers appropriate.

      (3) Nothing in this regulation prevents the electoral officer from making other announcements about an election at other times after the close of voting.

32 New regulation 106 substituted
  • The principal regulations are amended by revoking regulation 106, and substituting the following regulation:

    106 Official result of election
    • (1) The official result of an election for multi-member vacancies must—

      • (a) record the determination specified in regulation 103(3); and

      • (b) state—

        • (i) the quota as determined at the first iteration; and

        • (ii) the quota as determined at each iteration at which a candidate was successful or excluded; and

        • (iii) the number of votes recorded for each candidate and the number of non-transferable votes at each iteration at which a candidate was successful or excluded; and

        • (iv) the final keep value for each candidate; and

        • (v) the iteration number at which each candidate was successful or excluded; and

        • (vi) the full names of the candidates who are declared to be elected; and

        • (vii) the full names of the unsuccessful candidates; and

        • (viii) the total number of voting documents used at the election, including special voting documents; and

        • (ix) the number of blank voting documents recorded; and

        • (x) the number of informal voting documents recorded.

      (2) The official result of an election for a mayoral or single member vacancy must—

      • (a) record the determination specified in regulation 103(3); and

      • (b) state—

        • (i) the absolute majority of votes determined at the first iteration; and

        • (ii) the absolute majority of votes determined at each iteration at which a candidate was elected or excluded; and

        • (iii) the number of votes recorded for each candidate and the number of transferable votes at each iteration at which a candidate was excluded; and

        • (iv) the iteration number at which each candidate was excluded; and

        • (v) the full name of the candidate who is declared to be elected; and

        • (vi) the full names of the unsuccessful candidates; and

        • (vii) the total number of voting documents used at the election, including special voting documents; and

        • (viii) the number of blank voting documents; and

        • (ix) the number of informal voting documents.

33 Regulations 107 and 109 revoked
  • The principal regulations are amended by revoking regulations 107 and 109.

34 Electoral records
  • Regulation 111(1) of the principal regulations is amended by omitting the words the voting documents have been counted a second time, and substituting the words making the determination specified in regulation 103(3).

35 Regulation 115 revoked
  • The principal regulations are amended by revoking regulation 115.

36 New regulations 123 and 124 substituted
  • The principal regulations are amended by revoking regulations 123 and 124, and substituting the following regulations:

    123 Processing voting documents
    • The electoral officer must process voting documents as soon as practicable after the close of voting.

    123A Counting votes
    • (1) The electoral officer must determine the preliminary result of the election using a certified counting program as soon as practicable after—

      • (a) all ordinary voting documents have been processed; and

      • (b) the close of voting.

      (2) The determination under subclause (1)—

      • (a) must be made using all ordinary votes; and

      • (b) may be made by also using special votes from valid special voting documents identified at that time.

      (3) The electoral officer must determine the official result of the election using a certified counting program as soon as practicable after—

      • (a) all special voting documents have been—

        • (i) dealt with under regulation 44 or regulation 45; and

        • (ii) processed under regulation 123; and

      • (b) the tasks set out in section 83 of the Act (which relates to the scrutiny of the roll) and regulation 125 (which relates to the disallowance of votes) have been completed.

      (4) The determination under subclause (3) must be made using all votes.

    124 Checking systems
    • The electoral officer must apply a checking system to the operations under regulation 123.

    124A Performance standard for checking system
    • (1) The checking system must ensure the preferences recorded under regulation 123 are as least as accurate as those that would be recorded by—

      • (a) carrying out the following operations manually:

        • (i) rejecting blank voting documents and informal voting documents:

        • (ii) recording votes from valid voting documents; and

      • (b) repeating the operations in paragraph (a); and

      • (c) resolving any discrepancies.

      (2) In determining whether or not the performance standard in subclause (1) is met, it is sufficient to make reasonable inferences about the errors that are likely to be generated by the operations specified in subclause (1)(a).

37 Other disallowed votes
  • Regulation 125 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) A voting document dealt with under subclause (1) is not a valid voting document for the purposes of this Part.

38 New regulation 125A inserted
  • The principal regulations are amended by inserting, after regulation 125, the following regulation:

    125A Preliminary results of elections
    • (1) For the purposes of section 85 of the Act, the electoral officer must—

      • (a) announce the determination specified in regulation 123A(1) as soon as practicable after it is completed; and

      • (b) state, in the following order,—

        • (i) the number of persons to be elected for the local government area; and

        • (ii) the full names of the successful candidates in the order in which they became successful; and

        • (iii) the full names of any candidates who were hopeful candidates when counting was complete, in descending order of their number of votes; and

        • (iv) the full names of the excluded candidates in the reverse of the order in which they became excluded.

      (2) The announcement required by subsection (1) may be made by any means that the electoral officer considers appropriate.

      (3) Nothing in this regulation prevents the electoral officer making announcements about an election at other times after the close of voting.

39 New regulation 126 substituted
  • The principal regulations are amended by revoking regulation 126, and substituting the following regulation:

    126 Official result of election
    • (1) The official result of an election for multi-member vacancies must—

      • (a) record the determination specified in regulation 123A(3); and

      • (b) state—

        • (i) the quota as determined at the first iteration; and

        • (ii) the quota as determined at each iteration at which a candidate was successful or excluded; and

        • (iii) the number of votes recorded for each candidate and the number of non-transferable votes at each iteration at which a candidate was successful or excluded; and

        • (iv) the final keep value for each candidate; and

        • (v) the iteration number at which each candidate was successful or excluded; and

        • (vi) the full names of the candidates who are declared to be elected; and

        • (vii) the full names of the unsuccessful candidates; and

        • (viii) the total number of voting documents used at the election, including special voting documents; and

        • (ix) the number of blank voting documents recorded; and

        • (x) the number of informal voting documents recorded.

      (2) The official result of an election for a mayoral or single member vacancy must—

      • (a) record the determination specified in regulation 123A(3); and

      • (b) state—

        • (i) the absolute majority of votes determined at the first iteration; and

        • (ii) the absolute majority of votes determined at each iteration at which a candidate was elected or excluded; and

        • (iii) the number of votes recorded for each candidate and the number of transferable votes at each iteration at which a candidate was excluded; and

        • (iv) the iteration number at which each candidate was excluded; and

        • (v) the full name of the candidate who is declared to be elected; and

        • (vi) the full names of the unsuccessful candidates; and

        • (vii) the total number of voting documents used at the election, including special voting documents; and

        • (viii) the number of blank voting documents; and

        • (ix) the number of informal voting documents.

40 Regulations 127 and 129 revoked
  • The principal regulations are amended by revoking regulations 127 and 129.

41 Electoral records
  • Regulation 130(1) of the principal regulations is amended by omitting the words the voting documents have been counted a second time, and substituting the words making the determination specified in regulation 123A(3).

42 New schedule inserted
  • The principal regulations are amended by inserting, before the Schedule, the schedule set out in the Schedule to these regulations.


Schedule
New schedule inserted

r 24

Schedule 1A
New Zealand method of counting single transferable votes

rr 4(1), 90A

Purpose of schedule
1
  • This schedule sets out, as a step-by-step specification, the New Zealand method of counting single transferable votes as it exists as at the date these regulations come into force. Counting programs certified under clause 10 of Schedule 1 of the Act operate as described in this schedule. Part C of Schedule 1 of the Act provides only a general description of the process used to conduct an election under the Single Transferable Voting electoral system. That description was sufficient to provide voters, local authorities, and electoral officials with information about the Single Transferable Voting electoral system at a time when voters and local authorities were deciding whether or not to adopt the system. This schedule provides the definitive specification of how votes are counted at elections using the Single Transferable Voting electoral system.

Interpretation
2
  • In this schedule, unless the context otherwise requires,—

    AAFD Method means the Ahead At First Difference Method set out in Part 5

    exhausted, in relation to a voting document, means the point at which no further votes from that voting document can be redistributed by the operations in clause 10

    non-transferable votes means the votes remaining untransferred when a voting document becomes exhausted

    preference means a preference expressed for a candidate on a voting document as a rank, for example, first, second, or third

    PRN means the pseudo-random number generated by the PRNG method

    PRNG method means the Pseudo Random Number Generation Method set out in Part 5.

1
Multi-member vacancies

Counting
3
  • In the case of multi-member vacancies, votes are counted under the New Zealand method of counting single Transferable votes by recognising preferences as provided for in Part 3 and carrying out the steps in clauses 5 to 18 until counting is complete. Counting is complete when the number of successful candidates is equal to the number of vacancies or any of clauses 19 to 23 (which relate to exceptional cases) provide that counting is complete. Counting is also complete when the number of successful candidates and hopeful candidates is equal to the number of vacancies. In this case, the hopeful candidates become successful candidates. When counting is complete, successful candidates are elected.

Interpretation
4
  • In this part, unless the context otherwise requires,—

    vote includes non integer values

    hopeful candidates means all candidates before the commencement of step 1.

Step 1
5
  • Calculate a quota using the following formula:

    .

    where—

    • q is the quota

    • v is the total number of valid voting documents

    • vnt is the number of non transferable votes

    • n is the number of vacancies

    and q is truncated to 9 decimal digits after the point with no rounding.

6
  • A candidate whose first preferences equal or exceed the quota becomes successful.

Step 2
7
  • Give each successful candidate a keep value calculated using the following formula:

    .

    where—

    • kc is the keep value for the successful candidate

    • q is the quota for this step

    • vc is the candidate's votes

    and kc is truncated to 9 decimal digits after the point and rounded up if not exact.

8
  • Give hopeful candidates a keep value of 1.0.

9
  • Give withdrawn candidates a keep value of 0.

10
  • Allocate votes from each voting document according to the following scheme:

    .

    where—

    • vm is the votes to allocate to the mth preference candidate on the voting document

    • k1 is the keep value for the first preference candidate on the voting document

    • k2 is the keep value for the second preference candidate on the voting document

    • km is the keep value for the mth preference candidate on the voting document

    and the product of each multiplication on the right hand side of the equation must be calculated to 9 decimal digits after the point and rounded up if not exact and the multiplications must be calculated from left to right.

11
  • Calculate a new quota using the following formula:

    .

    where—

    • q is the quota

    • v is the total number of valid voting documents

    • vnt is the number of non transferable votes

    • n is the number of vacancies

    and q is truncated to 9 decimal digits after the point with no rounding.

12
  • A hopeful candidate becomes successful if his or her votes equal or exceed the quota.

13
  • Exclude the hopeful candidate with the least votes if the sum of his or her votes and the total surplus is less than the votes of any other hopeful candidate or if the total surplus is less than 0.0001.

14
  • In clause 13, total surplus means the sum of all candidates' surpluses. Surplus means the number of votes that a candidate has in excess of the quota.

Step 3 and subsequent steps
15
  • Repeat the operations set out in the second step with the changes set out in clauses 16 and 17.

16
  • Set the keep value of excluded candidates to 0.

17
  • Use the following formula instead of the formula in clause 7:

    .

    where—

    • kc is the keep value for the successful candidate

    • q is the quota for this step

    • vc is the candidate's votes

    and the product of q and kc is truncated to 9 digits after the point and rounded up if not exact before being divided by vc and kc is also truncated to 9 digits after the point and rounded up if not exact.

Exceptional cases
18
  • If 1 or more of clauses 19 to 23 apply, the operations in steps in clauses 5 to 17 must be modified by carrying out the operations set out in the clause or clauses that apply.

Ties
19
  • This clause applies if a candidate with the lowest number of votes is to be excluded but 2 or more candidates share the lowest number of votes. If this clause applies, exclude the candidate identified by the AAFD method as the candidate to exclude. If the AAFD method does not identify a single candidate to exclude, exclude the candidate with the lowest PRN.

Zero votes: Case 1
20
  • This clause applies to any candidate who, at the commencement of step 1, has no first preferences and no other preferences. A candidate to whom this clause applies, becomes withdrawn.

Zero votes: Case 2
21
  • This clause applies if, at the commencement of step 1, there are fewer candidates with votes than positions to be filled. If this clause applies, the candidates who attracted votes are successful, the counting is complete, and, for the avoidance of doubt, the remaining vacancies are extraordinary vacancies.

Candidate not able to be elected
22
  • A candidate becomes withdrawn if, at the commencement of step 1, any of the following provisions apply to him or her: section 71(2) of the Act (which relates to retirement, death, incapacity, or invalid nomination), section 88(1) of the Act (which relates to a candidate being elected as both mayor and member), or section 88A of the Act (which relates to a candidate being elected as both member and community board member).

Stable state in counting
23
  • This clause applies if the operations in clauses 5 to 22 result in a state where any number of iterations would not result in further candidates becoming excluded or successful. If this clause applies, the candidate with the lowest total votes becomes excluded. Recommence counting at the step following the step at which the stable state occurred.

2
Single member vacancies

Interpretation
24
  • In this Part, unless the context otherwise requires,—

    votes means whole number values

    hopeful candidates means all candidates before the commencement of step 1.

25
  • In the case of single member vacancies, before the commencement of step 1, votes are counted under the New Zealand method of counting single transferable votes by recognising preferences as provided for in Part 3 and by carrying out the steps in clauses 26 to 33 until a candidate is elected.

Step 1
26
  • Determine the absolute majority of votes using the following formula:

    .

    where—

    • m is the absolute majority of votes

    • v is the number of voting documents

    • vnt is the total number of non-transferable votes

    and if m is not a whole number, it is rounded up to the next whole number.

27
  • A candidate is elected if his or her first preference votes equal or exceed the absolute majority of votes.

Step 2
28
  • If no candidate is elected, the candidate with the fewest first preference votes becomes excluded.

29
  • For each voting document on which a withdrawn candidate is the first preference, redistribute that vote to the candidate who is the next preference on that voting document.

30
  • For each voting document on which the candidate excluded under clause 28 was the first preference, redistribute that vote to the candidate who is the next preference on that voting document.

31
  • A candidate is elected if his or her votes equal or exceed the absolute majority of votes.

32
  • If no candidate is elected, repeat the operations in clauses 26 to 31.

Exceptional cases
33
  • If any of clauses 34 to 37 apply, the steps in clauses 26 to 32 must be modified by carrying out the operations set out in the clause or clauses that apply.

Ties
34
  • This clause applies if—

    • (a) a candidate with the lowest number of votes is to be excluded but 2 or more candidates share the lowest number of votes; or

    • (b) a candidate whose votes equal or exceed the absolute majority of votes is to be elected but 2 candidates' votes equal the absolute majority of votes.

    If this clause applies, in the case of (a), exclude the candidate identified by the AAFD method as the candidate to exclude. If the AAFD method does not identify a candidate to exclude, exclude the candidate with the lowest PRN. In case of (b), the candidate who is not excluded is elected.

Zero votes
35
  • This clause applies if, at the commencement of step 1, only 1 candidate has any votes. If this clause applies, that candidate is elected.

Candidate not able to be elected
36
  • Clause 22 applies, with any necessary modifications, to single member vacancies.

3
Recognising preferences

37
  • In carrying out the operations in Parts 1 and 2, do not recognise—

    • (a) a preference that is not unique; or

    • (b) a preference that is not consecutive; or

    • (c) any preference on the same voting document lower in rank than a preference to which (a) or (b) applies.

    Example 1: Not unique

    A voting document that expresses these preferences—

    Candidate A1 
    Candidate B2 
    Candidate C3 
    Candidate D2Not unique
    Candidate E4 

    generates the following preferences for the purposes of counting votes:

    First preferenceSecond preferenceThird preferenceFourth preferenceFifth preference
    ANoneNoneNoneNone
    Example 2: Not consecutive

    A voting document that expresses these preferences—

    Candidate A1 
    Candidate B4Not consecutive
    Candidate C5 
    Candidate D2 
    Candidate E6 

    generates the following preferences for the purposes of counting votes:

    First preferenceSecond preferenceThird preferenceFourth preferenceFifth preference
    ADNoneNoneNone
38
  • Do not recognise a preference for a withdrawn candidate. In the case of voting documents that contain a preference for a withdrawn candidate, recognise preferences lower in rank on the same voting document as preferences of the rank stated.

    Example 3: Withdrawn candidate

    A voting document that expresses these preferences—

    Candidate A1 
    Candidate B4Withdrawn candidate
    Candidate C3 
    Candidate D2Withdrawn candidate
    Candidate E5 

    generates the following preferences for the purposes of counting votes:

    First preferenceSecond preferenceThird preferenceFourth preferenceFifth preference
    ANoneCNoneE

4
Polls

39
  • In the case of polls, votes are counted under the single transferable voting system by applying Part 1 or Part 2, with any necessary modifications; as if every reference to a candidate or candidates is a reference to the matter or matters that are the subject of the poll, and references to withdrawn candidates are of no effect.

5
Methods relevant to tie breaking

Ahead at first difference method (AAFD method)
40
  • To use the Ahead At First Difference Method determine which tied candidate, or candidates, did not have more votes than another tied candidate at the earliest step at which the candidates had different numbers of votes. If one candidate is identified, exclude him or her.

PRNG method
41
  • Allocate a unique pseudo-random whole number (a PRN number) for each candidate at each stage of the counting.

42
  • To generate PRNs, calculate x, y, and z using the following formulae:

    x = c+5

    y = n

    z = (v + 1000 (v rem 10)) rem 30 323

    where—

    • c is the number of candidates

    • n is the number of vacancies

    • v is the total number of valid voting documents

    • rem is the remainder operator such that a rem b gives the remainder of dividing whole number a by whole number b.

43
  • Generate a random whole number rc using the following formulae:

    x = (171x) rem 30269

    y = (172y) rem 30307

    z = (170z) rem 30323

    rc = (10000x) div 30269 + (10000y) div 30307 + (10000z) div 30323

    where—

    • rc is a pseudo-random number

    • div is the integer division operator such that a div b gives the whole number quotient of dividing whole number a by whole number b.

44
  • Repeat the step in clause 43 four times, discarding the first 4 values of rc.

45
  • Assign the current value of rc to the first candidate.

46
  • Repeat the step in clause 43 until a pseudo-random number r results that is distinct from all previous pseudo random numbers assigned to candidates. Assign rc to the next candidate.

47
  • Repeat the step in clause 43 until all candidates have been assigned a pseudo-random number.

48
  • For the second and subsequent steps, replace the pseudo random number for each candidate with the candidate's PRN at the previous step subtracted from 10000.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 January 2004, amend the Local Electoral Regulations 2001. The amendments clarify how to count votes at elections held under the Single Transferable Voting electoral system and how to handle voting documents. They also make the regulations more technology neutral and allow local authority electoral officers to use more automation.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 December 2003.


  • 1 SR 2001/145