Health Practitioners Competence Assurance (Election of Members of Medical Council of New Zealand) Amendment Regulations 2014

2014/197

Coat of Arms of New Zealand

Health Practitioners Competence Assurance (Election of Members of Medical Council of New Zealand) Amendment Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 23rd day of June 2014

Present:
The Right Hon John Key presiding in Council

Pursuant to sections 120(4) and 170 of the Health Practitioners Competence Assurance Act 2003, His Excellency the Governor-General makes the following regulations, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the advice of the Minister of Health given in accordance with section 170 of that Act.

Regulations

1 Title
  • These regulations are the Health Practitioners Competence Assurance (Election of Members of Medical Council of New Zealand) Amendment Regulations 2014.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Principal regulations
4 Regulation 3 amended (Interpretation)
  • (1) In regulation 3, revoke the definition of 2009 election.

    (2) In regulation 3, insert in their appropriate alphabetical order:

    ballot paper includes, if an electronic ballot is available at a prescribed election, an electronic document or message by which a voter records his or her vote and transmits it electronically for counting

    nomination notice has the meaning given by regulation 12(1)

    written notice includes a written notice given in accordance with regulation 8B.

5 Regulation 5 amended (Conduct of prescribed elections generally)
  • In regulation 5, replace Parts 2 and 3 with Part 2.

6 New regulations 8A to 8C inserted
  • After regulation 8, insert:

    8A Returning officer must determine voting method
    • The returning officer must determine the voting method to be used at a prescribed election by choosing—

      • (a) a postal ballot; or

      • (b) a combination of an electronic ballot (such as Internet voting) and a postal ballot.

    8B Written notice by electronic means
    • (1) A person may give a written notice under these regulations by email or other electronic means to a recipient who has provided the person with a suitable electronic address for notices.

      (2) However, the person must not do so if the recipient, by written notice to the person, objects to receiving written notices under these regulations in that way.

    8C Written notice of election in March 2015
    • (1) This regulation applies to the written notice of the election in March 2015 (the 2015 election notice) that is required to be given by the chief executive under regulation 9.

      (2) The 2015 election notice must be sent by post to the last known postal address of each recipient.

      (3) The 2015 election notice must be sent together with a written notice that—

      • (a) describes the effect of the provisions in these regulations that relate to giving notices by email or other electronic means and to electronic ballots and voting; and

      • (b) asks the recipient to provide an electronic address for the purposes of regulation 8B, if he or she has not already provided one.

      (4) However, if a written notice that satisfies subclause (3)(a) and (b) has already been posted to the last known postal address of a recipient,—

      • (a) the written notice need not be given to the recipient again with the 2015 election notice; and

      • (b) the 2015 election notice may instead be given to the recipient by email or other electronic means if permitted by regulation 8B.

      (5) This regulation is revoked on 1 February 2015.

7 Regulation 9 replaced (Chief executive to notify medical practitioners of prescribed election)
  • Replace regulation 9 with:

    9 Chief executive to notify medical practitioners of prescribed election
    • (1) The chief executive must, at least 90 days before the day on which a prescribed election is to be held, take all reasonably practicable steps to ensure that written notice of the election is given to every medical practitioner known to be residing in New Zealand.

      (2) The written notice must—

      • (a) specify the day of the election; and

      • (b) specify the hour at which the ballot for the election will close; and

      • (c) describe the voting method to be used; and

      • (d) specify the criteria for eligibility to participate in the election.

8 Regulation 10 replaced (Notice to be accompanied by sample nomination paper)
  • Replace regulation 10 with:

    10 Notice to invite nominations for candidates
    • A written notice given under regulation 9 must also—

      • (a) invite nominations of candidates for the election; and

      • (b) specify the closing date and time for nominations; and

      • (c) describe the process for nominating a candidate; and

      • (d) set out the form in which a nomination must be made, including for the biographical sketch and the statement required by regulation 13(1)(b) and (d).

9 Regulation 12 replaced (Form of nomination paper)
  • Replace regulation 12 with:

    12 Process for nominating candidate
    • (1) A nomination of a candidate for a prescribed election must be made by giving written notice (the nomination notice) to the returning officer in the form required by the written notice given under regulation 9.

      (2) The nomination notice must be given by, or evidence the agreement of,—

      • (a) the candidate; and

      • (b) 5 other medical practitioners who are eligible to participate in the election.

10 Regulation 13 amended (Contents of nomination paper)
  • (1) Replace the heading to regulation 13 with Contents of nomination notice.

    (2) In regulation 13(1), replace paper with notice.

    (3) Replace regulation 13(1)(a) with:

    • (a) his or her full name, residential address, postal or electronic address, and registration number; and.

    (4) In regulation 13(2), replace paper with notice.

11 Regulation 14 replaced (Candidates may nominate scrutineers)
  • Replace regulation 14 with:

    14 Appointment of scrutineers
    • (1) A nomination notice may be accompanied by a written notice to the returning officer of the name of a person appointed to act as scrutineer for the candidate.

      (2) If no candidate has appointed a scrutineer, the returning officer must appoint a person to act as scrutineer on behalf of all candidates.

12 Regulation 17 amended (Effect of withdrawal or death of candidate)
13 Regulation 19 amended (Ballot if more than 4 candidates)
14 Regulation 20 amended (Form of ballot papers)
  • In regulation 20(b), replace paper must be returned to with ballot paper must be received by.

15 Regulation 21 replaced (Ballot papers to be sent to voters)
  • Replace regulation 21 with:

    21 Ballot papers to be issued to voters
    • (1) The returning officer must take all reasonably practicable steps to ensure that, within the following time frame, a ballot paper is issued to every medical practitioner on the electoral roll who is known to be residing in New Zealand:

      • (a) as soon as practicable after the ballot papers have been prepared:

      • (b) in any case, no later than 30 days before the day on which the election is to be held.

      (2) If a printed ballot paper is issued to a recipient, it must be issued together with an envelope addressed to the returning officer and marked ballot paper.

16 Regulation 23 amended (Counting and recording of votes)
  • (1) Replace regulation 23(1) with:

    • (1) The returning officer must ensure that no ballot paper is reviewed, and no envelope containing a printed ballot paper is opened, before the ballot has closed.

    (2) Replace regulation 23(2)(a) with:

    • (a) review all ballot papers that were received before the ballot closed; and.

17 Regulation 25 amended (Returning officer sole judge of regularity)
  • Replace regulation 25(a) to (c) with:

    • (a) whether a ballot paper or an envelope was issued to a voter:

    • (b) whether a ballot paper was received by the returning officer:

    • (c) when a ballot paper was received by the returning officer:.

18 Regulation 26 amended (Scrutineers)
  • (1) In regulation 26(1), replace nominated with appointed.

    (2) Replace regulation 26(1)(a) with:

    • (a) the review of ballot papers that were received before the ballot closed (including the opening of envelopes containing printed ballot papers); and.

    (3) Revoke regulation 26(2).

19 Regulation 27 amended (Filling vacancy where vacating member elected)
  • After regulation 27(5), insert:

    • (6) In subclause (2)(a)(i), registered letter includes any written letter for which a signature is required on delivery.

20 Part 3 revoked

Michael Webster,
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 amend the Health Practitioners Competence Assurance (Election of Members of Medical Council of New Zealand) Regulations 2009 (the principal regulations). The amendments come into force on the 28th day after the date of their notification in the Gazette.

The principal regulations require 4 medical practitioners to be elected to the Medical Council of New Zealand. The amendments allow—

  • written notices relating to elections to be given electronically:

  • elections to be held using a combination of an electronic ballot (such as Internet voting) and a postal ballot.

Written notice of the election in March 2015 must be given together with, or be preceded by, a notice sent by post that describes the effect of the amendments (relating to electronic notices and electronic voting) and that asks each recipient to provide an electronic address for notices. Written notices may be given electronically to a recipient only if he or she does not object. Postal voting must remain available at an election.

Part 3 of the principal regulations and a related definition are revoked because they are redundant.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 26 June 2014.

These regulations are administered by the Ministry of Health.