Historic Places Trust Elections Regulations 1993

  • revoked
  • Historic Places Trust Elections Regulations 1993: revoked, on 20 May 2014, by section 106 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Reprint
as at 20 May 2014

Coat of Arms of New Zealand

Historic Places Trust Elections Regulations 1993

(SR 1993/302)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 20th day of September 1993

Present:
The Right Hon J B Bolger presiding in Council

  • Historic Places Trust Elections Regulations 1993: revoked, on 20 May 2014, by section 106 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Culture and Heritage.

Pursuant to section 113 of the Historic Places Act 1993, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement

  • (1) These regulations may be cited as the Historic Places Trust Elections Regulations 1993.

    (2) These regulations shall come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation

  • (1) In these regulations, unless the context otherwise requires—

    the Act means the Historic Places Act 1993

    branch committee means a branch committee established under the Act

    chief executive officer means the chief executive officer of the Trust

    election means election of members of the Board pursuant to section 42(1)(a) of the Act

    extraordinary vacancy means a vacancy in the membership of the Board as a result of removal from office, resignation, or death

    group member means a group of persons who are covered by a collective membership offered by the Trust, including (but not limited to) a—

    • (a) family membership; or

    • (b) senior citizen family membership; or

    • (c) joint life membership

    individual member means a person who is covered by an individual membership offered by the Trust

    master roll means the master roll maintained under regulation 10(3)

    office holder means a person who holds the office of chairperson, deputy chairperson, secretary, or treasurer in a branch committee of the Trust

    region means a region for the purposes of an election conducted pursuant to these regulations, as defined in Schedule 1

    roll means any list made in the manner provided in these regulations that contains the names of persons entitled to vote at an election; but does not include the master roll.

    (2) Every reference in Schedule 1 to any named district or city shall be read as a reference to the district or city of that name listed in Part 2 of Schedule 2 of the Local Government Act 2002.

    (3) [Revoked]

    Regulation 2(1) chief executive officer: amended, on 31 January 2007, by regulation 4(1) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 2(1) election: amended, on 31 January 2007, by regulation 4(2) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 2(1) group member: inserted, on 31 January 2007, by regulation 4(3) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 2(1) individual member: inserted, on 31 January 2007, by regulation 4(3) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 2(1) office holder: inserted, on 31 January 2007, by regulation 4(3) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 2(1) working day: revoked, on 31 January 2007, by regulation 4(4) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 2(2): amended, on 31 January 2007, by regulation 4(5) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 2(3): revoked, on 31 January 2007, by regulation 4(6) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

3 Returning officer

  • (1) The chief executive officer shall appoint a returning officer for every election under the Act.

    (2) If for any reason the returning officer appointed is unable to act in performance of his or her duties, the chief executive officer may appoint another person to complete the duties of returning officer specified in these regulations.

    (3) Neither the returning officer nor a person appointed under subclause (2) shall be a candidate in the election for which he or she is the returning officer or be a member of the Board.

    Regulation 3(1): amended, on 31 January 2007, by regulation 5 of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

4 Eligibility to vote in election

  • (1) An individual member—

    • (a) is eligible to vote in the region that includes the individual member’s address as stated on the roll; and

    • (b) may cast 1 vote.

    (2) A group member—

    • (a) is eligible to vote in the region that includes the group member’s address as stated on the roll; and

    • (b) may cast 2 votes.

    (3) If the address of an individual member or a group member as stated on the roll is outside New Zealand, the Trust must treat the member as being enrolled to vote in the Central Region.

    (4) When an election is held, the returning officer must send—

    • (a) 1 voting paper to the address of each individual member as stated on the roll; and

    • (b) 2 voting papers to the address of each group member as stated on the roll.

    (5) For the purposes of the roll, a member may not have more than 1 address.

    Regulation 4: substituted, on 31 January 2007, by regulation 6 of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

5 Roll for elections

  • (1) The Trust must maintain a database of its membership.

    (2) When an election is held, the returning officer must use the database as the roll for the election.

    (3) The roll must be—

    • (a) divided into 3 regions as specified in Schedule 1; and

    (4) The roll must—

    • (a) close at 5 pm on the 30th day preceding the date of the election; and

    • (b) remain closed until the election is completed.

    (5) Subject to regulations 6(3) and 10, except pursuant to a request for the addition or alteration of an entry in the roll made before the roll is closed, no addition or alteration may be made to the roll while it is closed.

    Regulation 5: substituted, on 31 January 2007, by regulation 6 of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

6 Returning officer’s duties

  • (1) The returning officer shall ensure that—

    • (a) the names on the roll are in alphabetical order within each region; and

    • (b) the roll is completed as soon as practicable after the closing of the roll under regulation 5(4).

    (2) Before sending out voting papers, the returning officer shall ensure that a certificate signed by him or her to the effect that the roll has been duly compiled is attached to the roll.

    (3) Subject to regulation 10, once the roll has been completed and certified it shall not be amended for any reason before the conduct of the election for which it has been compiled, except where the returning officer is satisfied that the member is dead or no longer exists in which case the returning officer shall remove the name of the member from the roll.

    Regulation 6(3): amended, on 31 January 2007, by regulation 7(a) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 6(3): amended, on 31 January 2007, by regulation 7(b) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

7 Inspection of roll

  • (1) Before and after it closes, the roll shall be open to inspection for the purpose referred to in subclause (2), in the presence of a person authorised by the Trust during usual business hours of the Trust at the principal office of the Trust in Wellington and, upon request being made, during such hours at regional offices of the Trust.

    (2) Any person is entitled to inspect any entry about that person on the roll.

8 Notice of election

  • (1) At least 45 days before any election, the returning officer shall give every branch committee a notice—

    • (a) stating the intention to hold an election and the date of the election; and

    • (b) calling for the committee to put forward the names of candidates.

    (2) The notice shall specify the following:

    • (a) the place where the roll is held:

    • (b) the fact that the roll is open to inspection:

    • (c) the day and time by which candidates’ names are to be received by the returning officer, which date shall be no later than 25 days before the election:

    • (d) the requirement that the candidates supply biographical details of not more than 250 words:

    • (e) the regions:

    • (f) the number of members to be elected:

9 Candidates

  • (1) A branch committee must nominate all eligible candidates who wish to stand for election in its region.

    (2) The nomination form shall—

    • (b) be signed by an office holder of the branch committee and the candidate; and

    • (c) be submitted to the returning officer within the period specified under regulation 8(2)(c).

    (2A) An office holder—

    • (a) may sign his or her own nomination in his or her capacity as a candidate; but

    • (b) may not sign his or her own nomination in his or her capacity as an office holder.

    (3) To be eligible to stand for election, a member must—

    • (a) be a natural person; and

    • (b) be eligible to vote in the region for which the candidate is nominated (either as an individual member or as a part of a group member); and

    • (c) not be disqualified under section 30 of the Crown Entities Act 2004 (qualifications of members); and

    • (d) not be a member solely by virtue of a membership that is extended to a corporation sole, a body corporate, or an unincorporated body.

    (4) No candidates shall have their election campaign subsidised or supported in any way from the funds of the Trust. The payment by the Trust of the costs of publishing a candidate’s biographical details does not constitute such a subsidy or support.

    Regulation 9(1): substituted, on 31 January 2007, by regulation 8(1) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 9(2)(b): amended, on 31 January 2007, by regulation 8(2) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 9(2A): inserted, on 31 January 2007, by regulation 8(3) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 9(3): substituted, on 31 January 2007, by regulation 8(4) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

10 Voting papers

  • (1) At least 25 days before the date of the election, the returning officer shall forward to each person who is recorded on the roll, by posting to the person at the address appearing on the roll, a printed voting paper in the form specified in Schedule 4 together with—

    • (a) an envelope addressed to the returning officer and inscribed with the words “Voting Paper”; and

    • (b) an information sheet containing any biographical details supplied by candidates.

    (2) The voting paper shall contain—

    • (a) the names of all candidates for the appropriate region, in alphabetical order of their surnames or family names; and

    • (b) the name of the region for which each candidate wishes to be elected; and

    • (c) a unique number assigned by the returning officer.

    (3) The returning officer shall maintain a master roll and enter on it each unique number assigned under subclause (2)(c).

    (4) The master roll maintained under subclause (3) shall be kept separate from any other roll maintained under these regulations and be confidential to the returning officer and scrutineers, and shall not be open for inspection under regulation 7.

    Regulation 10(1): amended, on 31 January 2007, by regulation 9 of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

11 Return of voting papers to returning officer

  • (1) After voting, the member must, by hand or by post, deliver the voting paper to the returning officer sealed in—

    • (a) the return envelope that came with the voting paper; or

    • (b) any other envelope that the member has addressed to the returning officer as specified in the voting paper.

    (2) For the purposes of subclause (1),—

    • (a) delivery by hand to the principal office of the Trust during usual business hours of the Trust on any date before the date of the election or not later than 5 pm on the date of the election is to be treated as delivery by hand to the returning officer:

    • (b) delivery to the address specified in the voting paper by a postal operator registered in accordance with the Postal Services Act 1998 is to be treated as delivery to the returning officer.

    (3) On the date of the election, the returning officer shall keep his or her office open until the close of voting to enable envelopes containing voting papers to be handed to him or her.

    Regulation 11(1): substituted, on 31 January 2007, by regulation 10(1) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 11(2)(a): amended, on 31 January 2007, by regulation 10(2) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 11(2)(a): amended, on 31 January 2007, by regulation 10(3) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 11(2)(b): substituted, on 31 January 2007, by regulation 10(4) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

12 Invalid votes

  • (1) A vote is invalid, and shall not be counted, if—

    • (a) a member,—

      • (i) being an individual member, votes more than once in the election; or

      • (ii) being a group member, votes more than twice in the election; or

    • (b) the member votes for more candidates than there are members to be elected; or

    • (c) in the opinion of the returning officer, the voting paper does not clearly indicate the candidate for whom the member intended to vote; or

    • (d) the returning officer believes on reasonable grounds that the voting paper was not issued to the member by the returning officer; or

    (2) A vote is invalid and shall not be counted unless it is delivered to the returning officer not later than 5 pm on the date of the election in accordance with regulation 11.

    (3) Every vote that is deemed invalid shall be enfaced with the date and time of receipt and the reason for invalidation, and may be destroyed after 3 months from the date of the election.

    Regulation 12(1)(a): substituted, on 31 January 2007, by regulation 11(1) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 12(1)(b): amended, on 31 January 2007, by regulation 11(2) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 12(1)(c): amended, on 31 January 2007, by regulation 11(3) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 12(1)(d): amended, on 31 January 2007, by regulation 11(4) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

    Regulation 12(1)(e): substituted, on 31 January 2007, by regulation 11(5) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

13 Candidate may withdraw

  • (1) A candidate for election may withdraw from the election by written notice to the returning officer.

    (2) If any candidate withdraws or dies after voting papers have been printed and before the date of the election, any votes given for that candidate shall be disregarded.

14 Scrutineers

  • (1) Two scrutineers shall be appointed by the chief executive officer. Subject to subclause (2), they shall be persons who are not themselves standing for election and have no personal involvement with any of the candidates either as relatives or business partners or otherwise.

    (2) Employees of the Trust may be scrutineers.

    (3) It is not necessary for the scrutineers themselves to be members of the Trust.

    (4) For the purposes of subclause (1), a person is a relative of a candidate if the person is related to the candidate by blood or through marriage, a civil union, or a de facto relationship, or by adoption.

    Regulation 14(4): added, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

15 Counting of votes

  • (1) The returning officer shall, before the fifth working day after the date of the election and in the presence of the 2 scrutineers, examine and open the envelopes, examine the voting papers, and count the valid votes.

    (2) On counting the valid votes, the returning officer shall, in the presence and hearing of the 2 scrutineers, from the voting papers delivered to him or her, conduct a scrutiny of the master roll by drawing on a copy of the roll a line in pencil or ink through the number and name of every member who appears to have voted.

    (3) The scrutiny of the master roll may be carried out by mechanical or electronic means in the presence of the returning officer and scrutineers.

    (4) If, from the marking of the master roll and after such inquiry as the returning officer thinks necessary, it appears that any person (not being a family or senior citizen family or joint life member) has voted more than once at the election, the returning officer shall, in the presence of the scrutineers, extract the voting papers on which the number corresponding to the name of that person appears and, taking care to ensure that the voting papers so extracted are so covered that the votes recorded thereon are not seen by any person present, shall disallow every vote appearing to have been given by means of the voting papers so extracted.

    (5) The highest polling candidate for each region shall be considered successful.

    Regulation 15(2): amended, on 31 January 2007, by regulation 12 of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

16 Tied polls

  • Where, because each of 2 or more candidates has received the same number of valid votes, the returning officer cannot ascertain which of them has been elected, the matter shall be decided by lot in the presence of the 2 scrutineers.

17 Declaration of result

  • (1) Within 5 working days after ascertaining which candidate or candidates have been elected, the returning officer shall sign a certificate declaring the result of the election. The 2 scrutineers shall also sign the certificate. The returning officer shall then notify in writing the election result to all candidates, the chairperson of the Board, and the chief executive officer.

    (2) Within 7 working days of the signing of the certificate the returning officer shall arrange for public notification in daily newspapers circulating in Auckland, Hamilton, Wellington, Christchurch, and Dunedin, of the names of the members elected and declaring them elected.

18 Recounts

  • (1) Any candidate may apply to the chief executive officer for a recount within 3 working days after the first public notification of the election results.

    (2) Unless satisfied that the application is frivolous or vexatious, the chief executive officer shall appoint an employee of the Trust or some other person to conduct a recount.

    (3) The person conducting the recount shall—

    • (a) cause the recount to be commenced within 3 working days after the expiry of the period specified in subclause (1); and

    • (b) give notice in writing to the returning officer, the scrutineers, and to each of the candidates of the time and place at which the recount will be made.

    (4) The recount shall so far as practicable be made in the manner provided in the case of the original count.

    (5) No person shall be present at the recount except—

    • (a) the person appointed to conduct the recount; and

    • (b) the assistants (if any) appointed by the person conducting the recount; and

    • (c) the returning officer and the assistants (if any) of the returning officer; and

    • (d) the scrutineers.

    (6) The person conducting the recount shall have all the powers that the returning officer had on the original count.

    (7) If on the recount the person conducting the recount finds that the declaration of the result was incorrect, the person shall inform the returning officer of the correct result, and the returning officer shall—

    • (b) give public notification of the amended declaration in the manner provided in regulation 17(2).

    Regulation 18(3)(a): amended, on 31 January 2007, by regulation 13 of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

19 Duties of returning officer, scrutineer, and persons assisting

  • Every returning officer, scrutineer, and other person assisting such persons shall faithfully and impartially perform the duties of that office and shall not, directly or indirectly,—

    • (a) before signing the certificate required under regulation 17(1), make known the state of the poll or give or pretend to give any information by which the state of the poll might be known; or

    • (b) make known for which candidate any person has voted; or

    • (c) give any person any information likely to defeat the secrecy of an election.

20 Postal ballot not necessary in certain cases

  • Where, at the close of the day specified for the receipt of candidate’s names in accordance with regulation 8(2)(c), the number of persons standing for election does not exceed 1 for any region, the returning officer shall, on the date of the election and otherwise in accordance with regulation 17, declare the existing candidate to be duly elected for that region, and a postal vote shall not be conducted in that region.

21 Voting papers to be sealed up

  • Forthwith after declaring the results of an election, the returning officer shall seal up the voting papers and—

    • (a) shall not open them unless a recount is conducted under regulation 18; and

    • (b) shall keep them at the principal office of the Trust for 3 months; and

    • (c) shall then destroy them.

22 Offences

  • (1) Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who contravenes or fails to comply with regulation 9(4).

    (2) Every returning officer or scrutineer or person assisting any such person commits an offence, and is liable on conviction to a fine not exceeding $5,000, who is guilty of any wilful or negligent act of commission or omission contrary to the provisions of these regulations in respect of any election.

    Regulation 22(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Regulation 22(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 1
Regions for purposes of elections

r 5(3)(a)

  • Schedule 1 heading: amended, on 31 January 2007, by regulation 14 of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

Northern Region

Far North District, Kaipara District, Whangarei District, Rodney District, North Shore City, Waitakere City, Auckland City, Manukau City, Papakura District, Franklin District, Thames-Coromandel District, Hauraki District, Tauranga City, Western Bay of Plenty District, Rotorua District, Whakatane District, Opotiki District, and Kawerau District.

Central Region

Matamata-Piako District, Waikato District, Waipa District, Hamilton City, Waitomo District, South Waikato District, Otorohanga District, Taupo District, Gisborne District, Wairoa District, Wanganui District, Rangitikei District, Ruapehu District, New Plymouth District, South Taranaki District, Stratford District, Palmerston North City, Manawatu District, Horowhenua District, Napier City, Hastings District, Central Hawke’s Bay District, Tararua District, Masterton District, Carterton District, South Wairarapa District, Kapiti Coast District, Porirua City, Wellington City, Upper Hutt City, and Hutt City.

Southern Region

Whole of the South Island, including the Chatham Islands, Stewart Island, and the Sub-Antarctic Islands.

  • Schedule 1: amended, on 31 January 2007, by regulation 15(1) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

  • Schedule 1: amended, on 31 January 2007, by regulation 15(2) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

Schedule 2

r 5(3)

FORM OF ELECTORAL ROLL
New Zealand Historic Places Trust Electoral Roll
Region
Membership numberName
(surname first)		Address
   
   
   
   
   
   

Schedule 3
Nomination form

r 9(2)(a)

To the Returning Officer for the Historic Places Trust Elections.

The [name] Branch Committee hereby nominates [name] of [address], with his/her consent, as a candidate in the *Northern/Central/Southern Region for election to the New Zealand Historic Places Board of Trustees for the election to be held on [date of election].

Dated at               this     day of               20   .

[Signature of office holder of branch committee]

I declare that I am eligible for election in terms of the Historic Places Act 1993 as a fully paid up member of the Trust and eligible to vote in the region for which I am standing and I hereby consent to the above nomination. I also declare that I am not disqualified under section 30 of the Crown Entities Act 2004.

Biographical details: (not more than 250 words)

Dated at               this     day of               20   .

[Signature of candidate]

*(Delete the 2 regions which do not apply).

  • Schedule 3: amended, on 31 January 2007, by regulation 16(1) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

  • Schedule 3: amended, on 31 January 2007, by regulation 16(2) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

  • Schedule 3: amended, on 31 January 2007, by regulation 16(3) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

  • Schedule 3: amended, on 31 January 2007, by regulation 16(4) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

Schedule 4

r 10(1)

 Form of voting paper[Unique number]

Voting paper

[Name] Region

Voting paper for use at election to be held on [date of election] of members of the New Zealand Historic Places Board of Trustees for the [name] Region.

Explanatory note

The highest polling candidate for each region will be considered successful.

Directions to voter

  • 1Mark “tick. ” in the square next to the name of the candidate for whom you wish to vote.

  • 2You must not vote for more than 1 candidate.

  • 3After voting, fold the voting paper and place it in the envelope supplied.

  • 4Your vote will not be counted unless this voting paper is hand delivered or posted to the returning officer sealed in the envelope supplied or sealed in an envelope that you have marked for the attention of the returning officer.

  • 5Your vote will not be counted unless it is delivered by hand to the returning officer (or to the principal office of the Trust) not later than 5 pm on the date of the election, or posted to [address] and received by the returning officer not later than 5 pm on the date of the election.

(Insert names of candidates in alphabetical order of surnames or family names in the rectangular boxes).

[Name] Region
     
 DOE, Jane   
     
 DOE, John   
     
 SMITH, Nicholas   
     

  • Schedule 4 paragraph 4: substituted, on 31 January 2007, by regulation 17(1) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

  • Schedule 4 paragraph 5: amended, on 31 January 2007, by regulation 17(2) of the Historic Places Trust Elections Amendment Regulations 2006 (SR 2006/371).

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 September 1993.

Reprints notes
1 General

  • This is a reprint of the Historic Places Trust Elections Regulations 1993 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint