(1) Four of the health practitioners appointed as members of the Council under section 120(1) of the Act must be medical practitioners who have been elected in an election conducted by the Council in accordance with these regulations.

(2) Subclause (1) does not prevent the appointment as members of the Council under section 120(1) of the Act of any number of medical practitioners who have not been elected in a prescribed election.

(3) If the number of candidates nominated for election at a prescribed election is fewer than 4, only that number of health practitioners appointed as members of the Council under section 120(1) of the Act must be medical practitioners who have been elected in a prescribed election.

(4) Subclause (3) overrides subclause (1).

(5) Neither subclause (1) nor subclause (3) prevents the number of elected members from falling below the number it would otherwise be required to be by that subclause because one or more elected members have vacated office.

Except as provided in Part 2, the Council may conduct a prescribed election in any reasonable manner the Council thinks fit.

A prescribed election must be held—

• (a) in March 2009; and

• (b) in March in every third year after that year.

(1) If by the close of 30 November in the year before the year in which a prescribed election is required by regulation 6 to be held, the chairperson of the Council has fixed a day in the following March for the election to be held, and the hour (on that day) on which the ballot for the election will close, and given the chief executive written notice of that day and hour,—

• (a) the election must be held on that day; and

• (b) the ballot for the election must close at that hour.

(2) If by the close of 30 November in the year before the year in which a prescribed election is required by regulation 6 to be held, the chairperson of the Council has not fixed a day in the following March for the election to be held and given the chief executive written notice of that day,—

• (a) the election must be held on the fourth Monday in the following March; and

• (b) the ballot for the election must close at 5 pm on that day.

The chief executive is the returning officer for every prescribed election.

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.

(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.

(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.

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).

A person is eligible to participate in a prescribed election if (and only if) he or she is a medical practitioner, and resides in New Zealand.

(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.

(1) Every candidate for a prescribed election must give in his or her nomination notice—

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

• (b) a biographical sketch (of no more than 100 words), stating his or her medical qualifications, experience, and current appointments or employment (or both); and

• (c) details of any investigation of competence, complaint, or health or disciplinary matter, by virtue of which his or her membership of the Council might bring the medical profession into disrepute; and

• (d) a brief statement to voters (of no more than 100 words) as to why he or she should be elected.

(2) Every candidate for a prescribed election must give a recent photograph of himself or herself with his or her nomination notice.

(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.

A nomination is invalid, and must be disregarded, if—

• (a) the returning officer has received it after 5 pm on the day 60 days before the day on which the election concerned is to be held; or

• (b) the nominee is not eligible to participate in the election.

At any time before a prescribed election is held, a candidate may, by written notice to the returning officer, withdraw his or her nomination.

(1) If a candidate withdraws his or her nomination, or dies, before the ballot paper for the election concerned is prepared,—

• (a) his or her name must not appear on the ballot paper; and

• (b) the election must take place as if the candidate had not been nominated.

(2) If a candidate withdraws his or her nomination, or dies, after the ballot paper for the election concerned is prepared,—

• (a) votes may be cast for him or her, and must be counted; and

• (b) if he or she receives enough votes, he or she must be treated as—

  • (i) having been elected; but

  • (ii) having vacated office immediately after having been elected.

If fewer than 5 candidates are nominated for a prescribed election,—

• (a) every candidate nominated is elected; and

• (b) no ballot is to be held.

If more than 4 candidates are nominated for a prescribed election, a ballot must be held, in accordance with the following requirements:

• (a) the register of medical practitioners at 5 pm on the day 60 days before the day on which the election is to be held, with each name distinctively numbered for the purposes of the ballot, must be used as the roll for the ballot:

• (b) as soon as practicable after the day 60 days before the day on which the election is to be held, the returning officer must have ballot papers prepared.

Each ballot paper for a prescribed election—

• (a) must list the full names of all candidates—

  • (i) in an order determined by the returning officer in the presence of a member of the Council; and

  • (ii) with each candidate's family name appearing first; and

• (b) must state the day on which and hour at which the ballot closes, and that for a vote to be valid, the ballot paper must be received by the returning officer before that hour on that day; and

• (c) except as provided in paragraphs (a) and (b), may be in any form the Council determines.

(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”.

Voting must be by the single transferable vote system, under which each voter—

• (a) marks against the name of his or her most preferred candidate the number “1”; and

• (b) to the extent that he or she wishes to do so, marks against the name of his or her next preferred candidate or candidates the numbers “2”, “3”, etc.

(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) Promptly after the ballot has closed, the returning officer must—

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

• (b) validate the voters against the electoral roll; and

• (c) exclude all informal votes; and

• (d) count and record the preferences expressed in the other ballot papers received before the ballot closed; and

• (e) determine, in accordance with the rules in the Schedule, which candidates have been elected.

For the purposes of these regulations, a ballot paper is informal if—

• (a) the voter was not on the electoral roll at the required time; or

• (b) it was received after the ballot concerned closed; or

• (c) it does not indicate clearly the candidate or candidates the voter prefers; or

• (d) it contains any information (other than a code inserted by the returning officer) by which the identity of the voter may be ascertained; or

• (e) the number “1” is marked against the name of more than one candidate; or

• (f) the number “1” is not marked against the name of any candidate.

The returning officer is the sole and final judge of—

• (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:

• (d) whether a ballot paper is informal:

• (e) whether any irregularity affecting the conduct of a prescribed election has occurred.

(1) Any scrutineer appointed for a prescribed election under regulation 14 is entitled to be present during, and observe,—

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

• (b) the counting and recording of preferences.

(2) [Revoked]

(1) This subclause applies to a vacancy in the membership of the Council if—

• (a) it arises more than 6 months before the expiry of the vacating member's term of office; and

• (b) the vacating member was a medical practitioner elected in the most recently held prescribed election; and

• (c) as a result of the vacancy, the Council has fewer than 4 members who were medical practitioners elected in that election; and

• (d) there is at least one medical practitioner who is not a member of the Council and was an unsuccessful candidate in that election.

(2) Where subclause (1) applies to a vacancy,—

• (a) the returning officer must—

  • (i) send to the last known address of every unsuccessful candidate in the most recently held prescribed election a registered letter asking if the candidate is still prepared to serve as a member of the Council; but

  • (ii) treat as being still prepared to serve as a member of the Council only those of them who, within 28 days of the posting of the letter, give the returning officer written notice to that effect:

• (b) if none is still prepared to serve as a member of the Council, the vacancy may be filled by the appointment by the Minister of any medical practitioner willing to be appointed:

• (c) if only one is still prepared to serve as a member of the Council, the vacancy must be filled by his or her appointment by the Minister:

• (d) if more than one is still prepared to serve as a member of the Council,—

  • (i) a recount must be held in accordance with subclause (3); and

  • (ii) the vacancy must be filled by the appointment by the Minister of the candidate in respect of whom the Minister has received a notification under subclause (4).

(3) The recount must be held in accordance with the rules in the Schedule, but—

• (a) as if the following members had been eliminated:

  • (i) the vacating member:

  • (ii) any other elected member who has already vacated office:

  • (iii) any unsuccessful candidate who is not still prepared to serve as a member of the Council; and

• (b) with their preferences being transferred to other candidates accordingly.

(4) Promptly after ascertaining the result of the recount, the returning officer must give the Minister written notice of the name of the new member elected.

(5) A single recount may be held to fill 2 or more vacancies to which subclause (1) applies; and in that case, subclauses (2) to (4) apply with any necessary modifications.

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

(1) The returning officer must ensure that all ballot papers received in a prescribed election (other than informal ballot papers) are retained, and available for use in a recount, until the next prescribed election is held.

(2) Regulation 27 and subclause (1) override every provision of the Schedule requiring ballot papers to be set aside as finally dealt with or set aside as exhausted.