Lawyers and Conveyancers Act (Lawyers) Constitution 2008

8 Voting

8.1

At all meetings of the Council, except when a poll is demanded, the president, the president-elect, the vice-presidents, and each other member of the Council present is entitled to 1 vote. In the case of an equality of votes, the person occupying the chair has, in addition to a deliberative vote, a casting vote.

8.2

Where no poll is demanded, a motion is carried or a candidate is elected by a majority of the votes of the members of the Council present and voting.

8.3

Any member of the Council present at a meeting of the Council may demand that a poll be taken on any motion or series of motions or on any election or elections.

8.4

Where a poll is demanded, the president, the president-elect, and the vice-presidents have no vote, and the person occupying the chair does not have a casting vote.

8.5

Where a poll is demanded—

(a)

subject to rule 8.4, each member of Council has 1 vote; and

(b)

in the case of the representative of a branch that has more than 500 members, that representative has 1 additional vote for—

(i)

each 500 members in excess of the first 500 members; and

(ii)

any additional part of 500 members, where such additional part is in excess of 250 members; and

(c)

for the purposes of paragraph (b), the number of members of a branch is deemed to be the number of members who practise within the boundaries of that branch as recorded from time to time in the Law Society’s records.

8.6

Where any representative of a branch is entitled on a poll to more than 1 vote, that representative’s entitlement may be divided and votes cast both for and against any motion and, in the case of an election, for more than 1 candidate.

8.7

Where a poll is demanded, the motion is carried or a candidate is elected only if—

(a)

a majority of the total votes cast are cast in favour; and

(b)

the majority of the votes of the representatives of not less than 4 branches are cast in favour.

8.8

Despite rules 8.2 and 8.7, where the number of persons nominated for the offices of president or president-elect exceeds 2, the following voting procedures apply:

(a)

a poll may be demanded in respect of any office only before the first ballot for that office:

(b)

where a poll is demanded in respect of any office, all ballots at that meeting for that office must be conducted by a poll:

(c)

no candidate is elected to any of those offices unless the candidate has received a clear majority:

(d)

clear majority means—

(i)

where no poll has been demanded, a majority of the votes of the members of the Council present and voting; or

(ii)

where a poll has been demanded, a majority in accordance with the provisions of rule 8.7:

(e)

subject to paragraph (g), where, on the first ballot, no candidate obtains a clear majority, a second ballot must be conducted that excludes the candidate who received the least number of votes in the first ballot:

(f)

subject to paragraph (g), where, on a second or subsequent ballot, no candidate obtains a clear majority, subsequent ballots must be conducted that exclude on each subsequent ballot the candidate who in the immediately preceding ballot received the least number of votes:

(g)

if, in any ballot conducted between only 2 candidates, neither candidate obtains a clear majority, 1 further ballot between the same 2 candidates must be held at that meeting. If, on the further ballot, neither candidate obtains a clear majority, the election must be declared null and void, and the vacancy created by this declaration filled as a casual vacancy:

(h)

when 1 of the candidates receives a clear majority, that candidate is elected to that office.

8.9

Despite the previous provisions of this rule, where, on an election for the office of the Central North Island vice-president or the South Island vice-president, a poll is demanded—

(a)

in the case of the Central North Island vice-president, only the representatives of Central North Island branches may vote, and each of those representatives has 1 vote only; and

(b)

in the case of the South Island vice-president, only the representatives of South Island branches may vote, and each of those representatives has 1 vote only; and

(c)

a candidate is elected only if the votes of a majority of the representatives who are entitled to vote in the election are cast in favour; and

(d)

the provisions of rule 8.8(e), (f), (g), and (h), apply with any necessary modifications to the election process.

8.10

Where a poll is demanded, the Council must appoint 2 scrutineers, who may be members of the Council or employees of the Law Society. If a member of the Council is a scrutineer, that member of the Council is not thereby deprived of exercising any vote that the member of the Council is entitled to exercise.