COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Māori Trust Boards—Electronic Voting in Elections) Notice 2021

  • revoked
  • COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Māori Trust Boards—Electronic Voting in Elections) Notice 2021: revoked, on the close of 31 March 2021, by clause 3.

Reprint as at 1 April 2021

Coat of Arms of New Zealand

COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Māori Trust Boards—Electronic Voting in Elections) Notice 2021

(LI 2021/53)

COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Māori Trust Boards—Electronic Voting in Elections) Notice 2021: revoked, on the close of 31 March 2021, by clause 3.

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.

This notice is administered by the Ministry of Business, Innovation, and Employment.

Pursuant to section 26 of the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020, the Minister for Māori Development, having satisfied the requirements in section 27 of that Act, gives the following notice.

Notice

1 Title

This notice is the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Māori Trust Boards—Electronic Voting in Elections) Notice 2021.

2 Commencement

This notice comes into force on the day after the date of its notification in the Gazette.

3 Revocation of this notice

This notice is revoked on the close of 31 March 2021.

4 Interpretation

(1)

In this notice, unless the context otherwise requires,—

election means an election to which this notice applies under regulation 5

returning officer means the returning officer appointed for an election under section 52 of the Act.

(2)

Any term or expression that is defined in the Act and used, but not defined, in this notice has the same meaning as in the Act.

5 Application

(1)

This notice applies to an election for membership of a Māori Trust Board under Part 3 of the Act if—

(a)

the Board informs the chief executive of Te Puni Kōkiri to the effect that it intends to allow, or has allowed, votes in the election to be cast electronically because of the effects of COVID-19; and

(b)

the election is held in the relevant period.

(2)

An election is held in the relevant period if—

(a)

the public notice of the calling of nominations under section 46(1) of the Act is given after the start of 21 March 2020; and

(b)

the result of the voting is recorded under regulation 14(3) of the regulations before the close of 31 March 2021.

(3)

This notice applies to an election regardless of whether—

(a)

the Board complies with subclause (1)(a) before, on, or after the commencement of this notice; or

(b)

any aspect of the election is carried out before, on, or after the commencement of this notice.

6 Exemptions to enable electronic voting

(1)

The exemptions set out in subclause (2) apply to an election if the conditions in clause 7 are met.

(2)

The exemptions are as follows:

Form of notice of calling of nominations

(a)

the secretary of the Māori Trust Board is exempt from regulation 6 of the regulations, but only to the extent necessary to allow the public notice of the calling of nominations to indicate that—

(i)

nominations may be provided electronically; and

(ii)

votes in the election may be cast electronically:

Form of ballot papers

(b)

the secretary of the Māori Trust Board is exempt from regulation 9(1) and (2) of the regulations, but only to the extent necessary to allow the ballot papers to indicate that votes may be cast electronically:

Voter’s declaration

(c)

a beneficiary who casts their vote electronically is exempt from regulation 10 of the regulations:

Counting votes

(d)

the returning officer for the election is exempt from section 53(1) of the Act, but only to the extent necessary to allow the returning officer to use an electronic system to count the votes that are validly cast electronically:

Recording voting results

(e)

the returning officer for the election is exempt from regulation 14(3) of the regulations, but only to the extent necessary to allow the record of voting to include the results of votes that are cast electronically.

7 Conditions on elections with electronic voting

(1)

The following conditions apply to an election:

(a)

the system for casting votes electronically must meet the conditions set out in subclause (2); and

(b)

the returning officer must take reasonable steps to ensure that no more than 1 vote is counted for each beneficiary who casts a vote electronically; and

(c)

the returning officer must ensure that the results statement provided to the secretary of the Māori Trust Board under regulation 14(4) of the regulations includes the results of all votes validly cast, whether cast by postal ballot or electronically.

(2)

A system for casting votes electronically must meet the following conditions:

(a)

it must accurately count the votes that are cast using the system; and

(b)

it must include reasonable measures for verifying the identity of each person who casts their vote using the system; and

(c)

it must retain the information entered into, or generated by, the system for the purpose of the election for at least 3 months after the declaration of the result of the election; and

(d)

if it retains that information in electronic form, it must retain the information in a way that—

(i)

is secure and otherwise provides a reliable means for assuring that the integrity of the information is retained; and

(ii)

is readily accessible so as to be usable for subsequent reference.

Dated at Wellington this 25th day of March 2021.

Hon Willie Jackson,
Minister for Māori Development.

Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice comes into force on the day after the date of its notification in the Gazette and revokes itself at the close of 31 March 2021. It grants exemptions from the Maori Trust Boards Act 1955 and the Maori Trust Boards Regulations 1985. The exemptions enable votes for membership of a Māori Trust Board to be cast electronically. Usually, a Board’s beneficiaries may vote only by postal ballot.

This notice applies to an election if—

  • the relevant Māori Trust Board informs the chief executive of Te Puni Kōkiri that it intends to allow, or has allowed, votes in the election to be cast electronically because of the effects of COVID-19; and

  • the election is held between the start of 21 March 2020 and the close of 31 March 2021.

The effect of the exemptions granted by this notice is to enable the following:

  • the public notice of the calling of nominations to indicate that they may be provided electronically and that votes in the election may be cast electronically:

  • ballot papers to indicate that votes may be cast electronically:

  • beneficiaries to vote electronically without needing to sign a hard-copy declaration:

  • votes cast electronically to be counted using an electronic system:

  • the record of voting results to include votes that are cast electronically.

The exemptions apply subject to conditions that are set out in regulation 7. They include conditions that apply to the electronic voting system used for the election.

Statement of reasons

The Minister for Māori Development has granted the exemptions set out in this notice (and is satisfied that they are appropriate) for the following reasons:

  • not all beneficiaries live in the immediate vicinity of their Board’s offices and some live overseas:

  • delays caused to postal mail because of the effects of COVID-19 could hinder the ability of beneficiaries to participate in the elections:

  • communities affected by COVID-19 may not be able to prioritise visits to the Post Shop or other mail outlets, and travel and space restrictions may make things more difficult:

  • uncertainty caused by changing COVID-19 alert levels may affect the receipt of postal votes within the statutory time frames under the Act:

  • electronic voting enables easier participation for beneficiaries, reduces significant costs, minimises travel risks and costs, and reduces the need for physical contact.

In light of those considerations, permitting voting at elections by electronic means is necessary or desirable to ensure that Board elections can take place no matter what the situation is regarding COVID-19 and any related restrictions.

The Minister relied on section 28(3) of the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 not to engage about the exemptions set out in this notice because the Minister was satisfied that the exemptions benefit the Boards and their beneficiaries and do not materially detrimentally affect any person.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 March 2021.

Reprints notes
1 General

This is a reprint of the COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Māori Trust Boards—Electronic Voting in Elections) Notice 2021 that incorporates all the amendments to that notice as at the date of the last amendment to it.

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

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

COVID-19 Response (Requirements For Entities—Modifications and Exemptions) (Māori Trust Boards—Electronic Voting in Elections) Notice 2021 (LI 2021/53): clause 3