Education (School Trustee Elections) Amendment Regulations 2020

2020/164

Coat of Arms of New Zealand

Education (School Trustee Elections) Amendment Regulations 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 27th day of July 2020

Present:
The Right Hon Jacinda Ardern presiding in Council

These regulations are made under section 118 of the Education Act 1989 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Education (School Trustee Elections) Amendment Regulations 2020.

2 Commencement

These regulations come into force on 1 September 2020.

3 Principal regulations

These regulations amend the Education (School Trustee Elections) Regulations 2000 (the principal regulations).

4 New regulation 3A inserted (Transitional, savings, and related provisions)

After regulation 3, insert:

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

5 Regulation 9 amended (Call for nominations)

(1)

Replace regulation 9(1)(a) and (b) with:

(a)

issuing a notice to each person named on the roll; and

(b)

notifying the school community and any other affected parties in the wider local community in a manner that best meets the needs of the school community and the wider local community.

(2)

In regulation 9(2)(a), replace “posting or personally delivering” with “issuing”.

(3)

In regulation 9(3), replace “posting” with “issuing”.

(4)

In regulation 9(4)(f), replace “posted or delivered” with “issued”.

6 Regulation 14 amended (Voting papers)

(1)

In regulation 14(1), replace “posting or personally delivering” with “issuing”.

(2)

Replace regulation 14(3)(b) with:

(b)

an envelope in which the voting papers may be returned.

7 Regulation 15 replaced (Validity of voting papers)

Replace regulation 15 with:

15 Validity of voting papers

A vote is invalid if—

(a)

the voter votes more than once in the election; or

(b)

the voter votes for more candidates than there are board members to be elected; or

(c)

the voting paper does not, in the returning officer’s opinion, clearly indicate the candidate or candidates for whom the voter intended to vote; or

(d)

the returning officer believes on reasonable grounds that the voting paper was not issued to the voter by the returning officer.

8 Regulation 16 amended (Declaration of result)

(1)

In regulation 16(5)(b), replace “publishing a notice in 1 or more newspapers circulating in the area of the school” with “notifying the school community and any other affected parties in the wider local community in a manner that best meets the needs of the school community and the wider local community”.

(2)

In regulation 16(5)(c), replace “sending” with “issuing”.

9 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 1 of these regulations as the first schedule to appear after the last regulation of the principal regulations.

10 Schedule 1 replaced

Replace Schedule 1 with the Schedule 1 set out in Schedule 2 of these regulations.

11 Schedule 2 replaced

Replace Schedule 2 with the Schedule 2 set out in Schedule 3 of these regulations.

Schedule 1 New Schedule 1AA inserted

r 9

Schedule 1AA Transitional, savings, and related provisions

r 3A

Part 1 Provisions relating to Education (School Trustee Elections) Amendment Regulations 2020

1 Interpretation

In clause 2, amendment regulations means the Education (School Trustee Elections) Amendment Regulations 2020.

2 Application of amendment regulations

(1)

The principal regulations, as in force immediately before the commencement of the amendment regulations, continue to apply in relation to any process required by the principal regulations that was commenced but not completed before the date on which the amendment regulations come into force.

(2)

Schedules 1 and 2, as in force immediately before the commencement of the amendment regulations, continue to apply to elections of student representatives to boards that are commenced after the date on which the amendment regulations come into force and before the close of 31 December 2020.

Schedule 2 Schedule 1 replaced

r 10

Schedule 1 Short election timetable

r 4(1)

ProcessDate and time frame
Appoint Returning OfficerAt least 63 days before election day
Close rollAt noon, 56 days before election day
Call for nominationsAt least 54 days before election day
Close supplementary rollAt noon, 35 days before election day
Close of nominationsAt noon, 33 days before election day
Issue voting papersAfter close of nominations and at least 28 days before election day
Close poll4 pm on election day
Accept postal votesUp to 5 days after election day
Count votesOn sixth day after election day
Declare resultsAs soon as result is known

Schedule 3 Schedule 2 replaced

r 11

Schedule 2 Long election timetable

r 4(2)

ProcessDate and time frame
Appoint Returning OfficerAt least 83 days before election day
Close rollAt noon, 76 days before election day
Call for nominationsAt least 71 days before election day
Close of nominationsAt noon, 50 days before election day
Issue voting papersAfter close of nominations and at least 30 days before election day
Close poll4 pm on election day
Accept postal votesUp to 5 days after election day
Count votesOn sixth day after election day
Declare resultsAs soon as result is known

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, which come into force on 1 September 2020, amend the Education (School Trustee Elections) Regulations 2000 (the principal regulations) to modernise the processes for electing representatives to school boards and to extend the time frames relating to elections. The main changes these regulations make are—

  • to replace the requirements in regulations 9 and 14 for a returning officer to post or personally deliver nominations and voting papers with the requirement for the returning officer to issue nominations and voting papers:

  • to replace the requirement in regulation 14(3)(b) that, to be valid, voting papers must be returned in the envelope included with the voting paper with a requirement for the returning officer, when issuing voting papers, to include an envelope in which a voting paper may be returned:

  • to replace the requirement in regulation 16(5) for returning officers to publish election-related notices in a local newspaper with a requirement to notify the school community and any other affected parties in the wider local community in a manner that best meets the needs of the community:

  • to replace Schedules 1 and 2, which set out the short election timetable and the long election timetable, with new Schedules 1 and 2 that extend the time frames relating to the election process.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 July 2020.

These regulations are administered by the Ministry of Education.