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Palmerston North City Council Candidates Information Booklet

Palmerston North City Council Candidates Information Booklet

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DMS #869281CONTENTS1 INTRODUCTION .................................................................. Page 32 ELECTION ISSUES .............................................................. Page 63 ELECTORAL SYSTEM (STV) .............................................. Page 84 ELECTION TIMETABLE ....................................................... Page 105 CANDIDATE QUALIFICATIONS .......................................... Page 126 NOMINATIONS ..................................................................... Page 147 CANDIDATE PROFILE STATEMENTS ............................... Page 198 CAMPAIGNING .................................................................... Page 239 ELECTORAL DONATIONS AND EXPENSES ..................... Page 2510 ELECTION SIGNS ................................................................ Page 3911 OFFICIAL PUBLICITY .......................................................... Page 4312 WEBSITES ........................................................................... Page 4513 ELECTORAL ROLLS ............................................................ Page 4714 ORDINARY VOTING ............................................................ Page 4915 SPECIAL VOTING ................................................................ Page 5016 EARLY PROCESSING OF VOTING DOCUMENTS ............ Page 5117 SCRUTINEERS .................................................................... Page 5218 SCRUTINY OF ROLLS ......................................................... Page 5419 PRELIMINARY COUNT AND RESULTS ............................. Page 5520 OFFICIAL COUNT AND RESULTS ...................................... Page 5621 ELECTION OFFENCES ....................................................... Page 5722 THE COUNCIL ...................................................................... Page 6423 LEGISLATION ...................................................................... Page 6524 ACTIVITIES .......................................................................... Page 6725 POLITICAL STRUCTURE .................................................... Page 68<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 20131


26 MANAGEMENT STRUCTURE ............................................. Page 6927 ACCOUNTABILITY ............................................................... Page 7028 PLANS .................................................................................. Page 7129 RAISING MATTERS WITH THE COUNCIL ......................... Page 7430 MAYOR ................................................................................. Page 7631 COUNCILLORS .................................................................... Page 7732 CODE OF CONDUCT........................................................... Page 7933 REMUNERATION AND EXPENSES .................................... Page 8034 CONFLICTS OF INTEREST ................................................. Page 8135 INAUGURAL MEETING ....................................................... Page 8236 PRE-ELECTION PROGRAMME .......................................... Page 8337 POST-ELECTION PROGRAMME ........................................ Page 852 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


1INTRODUCTIONThis booklet outlines information which may be of interest to you as a candidate in the 2013local authority elections. Included is information on the election process, together with somebackground information about <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>.This booklet has been prepared as a guide to assist possible candidates and othersinterested in election issues with general information on the election. It should be used as aguide only. <strong>Candidates</strong> or other persons seeking more detailed information should contactthe Electoral Officer in the first instance.The Local Electoral Act 2001, together with its amendments and regulations, is the presidinglegislation for local government elections. It covers all matters relating to the conduct ofelections including voting, nomination requirements, electoral roll requirements, candidateprofiles, progressive processing, offences, and electoral donations and expenses. Wherenecessary, candidates should refer to the legislation. Copies of the Local Electoral Act2001, amendments and regulations are available from Whitcoulls Bennetts on Broadway, orcan be viewed on the internet at www.legislation.govt.nz.In addition to this handbook, included as part of this pack are:A nomination form.A return of electoral donations and expenses form (see Section 9 Electoral Donationsand Expenses for more information).An application form for Election Signs (see Section 10 Election Signs).The elections are being conducted by postal vote with election day beingSaturday 12 October 2013, using the Single Transferable Voting (STV) electoralsystem.The conduct of local authority elections is regulated by legislation, namely: Local Electoral Act 2001 (and amendments). Local Electoral Regulations 2001 (and amendments). Local Government Act 2002 (and amendments).<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 20133


Relevant key dates for your diary are: Nominations Open Friday, 19 July 2013 Nominations Close Noon, Friday, 16 August 2013 Delivery of Voting PapersFriday, 20 September 2013 toWednesday, 25 September 2013 Appointment of Scrutineers By Noon, Friday, 11 October 2013 Close of Voting Noon, Saturday, 12 October 2013 Progress Results Preliminary ResultsSaturday, 12 October 2013 lateafternoon or eveningLate Saturday or Sunday,13 October 2013 Official Declaration Saturday, 19 October 2013 Return of Expenses Form Friday, 13 December 2013For further information or additional copies of this booklet, please telephoneelectoral staff at <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>, telephone (06) 356 8199.Please also refer to the <strong>City</strong> <strong>Council</strong>’s website at www.pncc.govt.nz.Alternatively, you may contact electoral officials whose contact details are:John AnnabellElectoral Officer<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>32 The SquarePhone (06) 356 8199 Extension 7103Fax (06) 355 4115Email: john.annabell@pncc.govt.nzPriscilla JeffreyDeputy Electoral Officer<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>32 The SquarePhone (06) 356 8199 Extension 7154Fax (06) 355 4115Email: priscilla.jeffrey@pncc.govt.nzPostal Address:<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>Private Bag 11-034<strong>Palmerston</strong> <strong>North</strong> 44424 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


Please note that this Candidate <strong>Information</strong> <strong>Booklet</strong> has not been produced forcandidates intending to stand for the Manawatu-Wanganui (Horizons) Regional<strong>Council</strong> or the MidCentral District Health Board. For further details about eitherof those elections, please contact:Horizons Regional <strong>Council</strong>Craig GrantElectoral Officer11-15 Victoria AvenuePrivate Bag 11-025<strong>Palmerston</strong> <strong>North</strong> 4442Phone (06) 952 2800Fax (06) 952 2929Email: craig.grant@horizons.govt.nzMidCentral District Health BoardJohn AnnabellElectoral OfficerMidCentral District Health BoardC/- <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>32 The SquarePrivate Bag 11-034<strong>Palmerston</strong> <strong>North</strong> 4440Phone <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> (06) 356 8199 Extension 7103Email: john.annabell@pncc.govt.nzPrepared for <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>by J B Annabell, Electoral Officer & P Jeffrey, Deputy Electoral OfficerJuly 2013<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 20135


2ELECTION ISSUESElection IssuesFor the 2013 Elections, the Local Government Commission has determined that the <strong>Council</strong>will comprise the Mayor and 15 <strong>Council</strong>lors, to be elected at large or on a city-wide basis.This replaces the ward system which had been used for electing <strong>Council</strong>lors for <strong>Palmerston</strong><strong>North</strong> <strong>City</strong> <strong>Council</strong> since 1989. Under the city-wide system, all electors will be able toparticipate in electing the required number of <strong>Council</strong>lors.Elections will be held for:- Mayor- <strong>Council</strong>lors- Manawatu-Wanganui (Horizons) Regional <strong>Council</strong>- MidCentral District Health Board<strong>Palmerston</strong> <strong>North</strong> now includes areas added to the <strong>City</strong> from 1 July 2012, as shown on themap below. Previously, these areas were part of Manawatu District.6 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


The <strong>Palmerston</strong> <strong>North</strong> Constituency of the Manawatu-Wanganui (Horizons) Regional<strong>Council</strong> elects four (4) members of the Regional <strong>Council</strong>, using the First Past the Post (FPP)voting system.The MidCentral District Health Board is not divided into constituencies. All residentialelectors for the <strong>City</strong>, along with electors for other constituent councils, will elect seven (7)members of the MidCentral District Health Board, using the Single Transferable Voting(STV) electoral system.Note for Regional <strong>Council</strong> and District Health Board candidatesThis booklet does not include information about the Horizons Regional <strong>Council</strong> andthe MidCentral District Health Board although elections for members of the Regional<strong>Council</strong> and the District Health Board will be conducted in conjunction with the<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> elections. Enquiries about those elections should bedirected to the Regional <strong>Council</strong> and the District Health Board. See page 5 for contactdetails.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 20137


votes are then re-tallied and, if another candidate gets more votes than they need to beelected, again the surplus part of each vote for that candidate is transferred to thevoters’ third choice. This process is repeated until enough candidates are elected to fillthe vacant positions.The transfer of votes is done in order of voters’ preferences. This means that surplusesare not ‘wasted’ but are available to help other candidates to get elected.If a candidate does not have enough support to get elected, all votes for that candidateare also transferred to voters’ next choices. This means if a voter’s first choice candidateis not elected, their vote goes towards the next candidate they selected.The system treats all candidates the same, by giving them a ‘keep value’. This allowsthem to keep the portion of the vote they need to be elected but allows any extra orsurplus votes to be distributed proportionately amongst the other candidates, accordingto voters’ preferences.For example, if the quota or number of votes required to gain election is 100, and acandidate receives 100 votes, they keep all of those votes, so they have a keep value of1 (i.e.100%).But if the candidate received 200 votes, they still only need the equivalent of 100 ofthose votes to be elected, and the surplus can be transferred to voters’ second choices.The candidate’s keep value would be 0.5 (i.e. 50%), because that person only needed tokeep 50% of all the votes they received in order to be elected.This means the lower the keep value, the more votes the candidate received. The mostpopular candidates will have the lowest keep value, because they received so manyvotes, they only needed to keep a small proportion to gain election.For detailed information on STV, visit www.stv.govt.nz.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 20139


4ELECTION TIMETABLE2013 LOCAL AUTHORITY ELECTIONS TIMETABLE2 March - 30 April Ratepayer Roll Enrolment Confirmation Forms sent[Reg 16 LER]2 March - 6 July Preparation of Ratepayer Roll [Reg 10 LER]1 May - 31 May National Public Notice of Ratepayer Roll Qualificationsand Procedures [Sec 39 LEA]8 July ES Enrolment Update Campaign commences12 July Campaign expenditure monitoring period commences[section 104 LEA]5 July – 17 July Compile Preliminary Electoral Roll [Sec 38 LEA]17 July Public Notice of Election, Calling for Nominations,Electoral Roll Open for Inspection [Sec 42, 52, 53 LEA]19 July Nominations Open/Electoral Roll Open for Inspection[Sec 42 LEA]16 August Nominations Close (12 noon)/Electoral Roll Closes[Sec 5, 42, 55 LEA, reg 21 LER]21 August Public Notice of <strong>Candidates</strong> [Sec 65 LEA]By 31 AugustBy 16 SeptemberRatepayer Roll insert with Rates Notice [Sec 39 LEA]Electoral Officer Certifies Final Electoral Roll[Sec 51, LEA, Reg 22, LER]20 September ES letter sent to Unpublished Roll Electors20 September – 25 September Delivery of Voting Documents [Sec 5, LEA, reg 51 LER]10 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


20 September – 12 October Voting Period:Progressive Electoral Roll Scrutiny [Sec 83, LEA],Special Voting Period [Sec 5 LEA], Reg 35 LER],Early Processing [Sec 79, 80 LEA]By 12.00 noon 11 OctoberAppointment of Scrutineers [Sec 68, LEA]12 October Election Day [Sec 10, LEA]Voting Closes 12 noon - counting commences[Sec 84, LEA]12 October after 12.00noon Preliminary Results available as soon as practicable afterclose of voting [Sec 85, LEA, reg 80A, 125A, LER]12 October – 17 October Official Count [Sec 84, LEA]19 October Declaration of Result/Public Notice of Results[Sec 86, LEA]By 13 December(approximately)Return of electoral expenses and donations form[Sec 109 LEA]KEY:LEA = Local Electoral Act 2001LER = Local Electoral Regulations 2001ES = Electoral Services, Electoral Commission (formerly Electoral Enrolment Centre)<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201311


5CANDIDATEQUALIFICATIONS A candidate for local authority elections must be:Enrolled on a parliamentary roll anywhere in New Zealand; andA New Zealand citizen (either by birth or naturalisation ceremony). Restrictions on candidates for local authority elections:A candidate may seek nomination for Mayor and <strong>Council</strong> of <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> butcannot also seek nomination for the Manawatu-Wanganui (Horizons) Regional<strong>Council</strong>. A candidate may stand for either <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> or theHorizons Regional <strong>Council</strong> but not both (Section 58 Local Electoral Act 2001).A candidate cannot be a person concerned or interested in contracts $25,000 (GSTinclusive) with the Local Authority for which nomination is sought [Section 3 (1) LocalAuthorities (Members’ Interests) Act 1968]. This restriction is waived if prior approvalfrom Audit New Zealand is obtained.An employee of <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> who is elected as Mayor or <strong>Council</strong>lormust resign from his/her position as an employee of the <strong>Council</strong> before taking uptheir position as an elected member (Section 41(5) Local Government Act 2002).A recent amendment to the Policing Act 2008 now enables all Police employees tostand in Local Authority elections without being placed on leave of absence for thepurpose of his/her candidature, and if elected they no longer need to vacate theiremployment with the New Zealand Police.A criminal conviction will not usually affect a nomination. The only exception to this isthat any person who is currently serving a prison term of three years or more cannotstand. Notes:<strong>Candidates</strong> need not necessarily be a resident or ratepayer of <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong>.Subject to the above restrictions, any qualified person can be a candidate for anynumber of local authorities. However, an individual cannot be a candidate for morethan one ward of the same authority, nor can they be a candidate for a territorial localauthority as well as a Regional <strong>Council</strong> of which the local authority forms part.12 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


A bankrupt person may stand for election for Mayor or <strong>Council</strong>.Any candidate who is elected and then subsequently convicted of an offencepunishable by imprisonment for a term of two or more years is automaticallydisqualified from office. This disqualification applies regardless of the penalty actuallyimposed.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201313


6NOMINATIONSNominations Key Dates:Nominations open on Friday, 19 July 2013.Nominations close at 12.00noon, Friday 16 August 2013.The public notice calling for nominations will appear in the Manawatu Standard andthe Tribune on Wednesday, 17 July 2013, two days before nominations open. Availability of Nomination Papers:Each nomination must be made on the appropriate official Nomination Paper. Aseparate Nomination Paper is required for each position you may wish to stand for.Nomination papers are available from the Customer Service Centre, <strong>Palmerston</strong><strong>North</strong> <strong>City</strong> <strong>Council</strong>, 32 The Square, <strong>Palmerston</strong> <strong>North</strong> or can be obtained bytelephoning (06) 356 8199 from 19 July 2013.Alternatively, an e-mail request for nominations papers may be sent to JohnAnnabell, Electoral Officer, at john.annabell@pncc.govt.nz. The papers will beposted out within two working days of the receipt of the request. Completion of Nomination Papers:Each Nomination Paper must be signed by two electors whose names appear onthe electoral roll for <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong>. Those electors may be residential orratepayer electors.A candidate cannot nominate himself/herself.Each nomination paper must the consent of the candidate.If a candidate is unable to sign the Nomination Paper, a letter of consent signed bythe candidate is acceptable to attach to the Nomination Paper. If a candidate isoverseas, their consent may be signified to the Electoral Officer in any mannerapproved by the Electoral Officer.14 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


Each Nomination Paper must be accompanied by a deposit of $200.00 (includingGST) payable of eftpos, cash or cheque. This is refunded if the candidate pollsgreater than 25% of the final quota as determined at the last iteration for STVelections. A refund will be paid only after the candidate concerned has lodgedhis/her Return of Electoral Donations and Expenses form.Nominations may be accompanied by a candidate profile statement not exceeding150 words, together with a recent photograph of the candidate. The statement mayinclude information about the candidate, together with his or her policies andintentions if elected to office.Nomination CompletenessNominations cannot be accepted unless all component parts are lodged at the sametime. This is a new requirement that was part of the Local Electoral Amendment Act2013. The component parts include: nomination form with consent nomination deposit Candidate Profile statement Recent photographCompleted nominations must be with the Electoral Officer not later than12.00 noon, on Friday, 16 August 2013. That time is strictly observed.Nomination papers received after this date and time will not be accepted.Nomination Papers can be lodged at the Customer Service Centre, CivicAdministration Building, 32 The Square, <strong>Palmerston</strong> <strong>North</strong>. No nomination will beaccepted unless complete.The name under which each candidate is nominated must be the name under whichthe candidate’s birth was registered; or the name which the candidate adopted bydeed poll or by statutory declaration under Part 3 of the Births, Deaths, Marriagesand Relationships Registration Act 1995, at least 6 months before nomination day;or the name by which the candidate was commonly known during the six monthsbefore nomination day, not being a name that might cause offence, is unreasonablylong, resembles an official title or rank, or is likely to confuse or mislead electors.The name of the candidate appearing on the voting document or accompanying thecandidate profile statement must not include initials or titles such as Dr, JP, Sir orDame. These may, however, be included within the text of the candidate profilestatement if desired. Only one name may be shown on the voting documents;alternative names are not permitted.Affiliation:The Nomination Paper provides for a candidate to have an affiliation if they wish. Anaffiliation is defined in Section 57(3) of the Local Electoral Act 2001 as “an<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201315


endorsement by any organisation or group (whether incorporated orunincorporated).”Individual candidates not part of a political party may wish to signify their affiliationas “Independent” or leave it blank. If left blank, nothing will show alongside thecandidate’s name on the voting paper.A candidate wishing to use a specific party affiliation should have the authority toadopt that affiliation from the party concerned. This authority may be given in aletter of consent or other means acceptable to the Electoral Officer. Thisrequirement is to ensure that there is no illegal adoption of any party affiliation.No affiliation that is offensive in nature or likely to confuse or mislead electors will beaccepted.If the Electoral Officer is in any doubt about a candidate’s eligibility to claim anaffiliation, the Electoral Officer may require the candidate to produce evidence insupport of the candidate’s eligibility to claim that affiliation.Lodgement of Nomination Papers:Completed Nomination Papers for Mayor and <strong>Council</strong>lors of <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong><strong>Council</strong> can be lodged at the Customer Service Centre, Civic AdministrationBuilding, 32 The Square, <strong>Palmerston</strong> <strong>North</strong>.Completed Nomination forms, including candidates’ consents, required deposits,and candidate profile statements including a recent photograph, must be lodged withthe Electoral Officer not later than 12.00 noon, on Friday, 23 August 2013. Thattime is strictly observed. Nomination Papers can be lodged at the Customer ServiceCentre, Civic Administration Building, 32 The Square, <strong>Palmerston</strong> <strong>North</strong>. Anyonewishing to speak to the Electoral Officer or Deputy Electoral Officer should report tothe Customer Service Centre in the first instance.The lodgement of Nomination Papers should not be left to the last minute. Should aNomination Paper be lodged late on the morning nominations close, and beincorrectly completed or ineligible nominators are provided, there may be insufficienttime to correct the situation and the Nomination Paper could be invalidated. Anydefects discovered as part of the checking process cannot be remedied once the12.00 noon deadline has passed.Please do not leave lodging Nomination Papers to the last minute.NOMINATIONS CLOSE AT 12.00 NOON, FRIDAY, 16 AUGUST 2013When a Nomination Paper is submitted, a receipt will be given in the form of a copyof the Nomination Paper, but with details of its receipt endorsed thereon. Anyreceipt given for a nomination paper in this manner does not constitute anacknowledgment that the Nomination Paper is in order.16 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


Nomination papers, with the deposit, consents and candidate profile statements, canalso be mailed to the Electoral Officer, <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>, Private Bag11-034, <strong>Palmerston</strong> <strong>North</strong> 4442, but should the nomination be received by theElectoral Officer after the close of nominations, the nomination is invalid. Receipt inthe mail limits the opportunity to ensure that the Nomination Paper is valid and tocorrect any details if necessary.Once lodged, Nomination Papers are checked to ensure that the candidate iseligible (name appears on a Parliamentary Roll) and that the nominators are twoelectors whose names appear on the Electoral Roll for <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong>. Thenomination form then becomes public information (not Candidate Profile Statement)and any person may inspect any nomination form without payment of any fee at anytime during ordinary office hours, at the office of the Electoral Officer [section 55(5)LEA].Payment of the $200.00 (GST Inclusive) Nomination deposit can be made by cash,EFTPOS, bank cheque, or personal cheque. Should a personal cheque be usedand subsequently dishonoured, the nomination becomes invalid, as the deposit hasnot lawfully been made by 12.00 noon on 23 August 2013. EFTPOS is available atthe Customer Service Centre.Cheques should be made payable to <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>.Written confirmation of each accepted nomination will be given by the ElectoralOfficer as soon as the Nomination Paper is verified.Nomination papers cannot be lodged electronically, namely by e-mail or fax.Cancellation of NominationWhile a candidate may withdraw their nomination up until the close of nominations,this is no longer permitted after the close of nominations. The Local Electoral Act2001, as amended, now provides that a candidate who becomes incapacitated afterthe close of nominations, but before the close of voting, may make an application forthe cancellation of their nomination.An application for cancellation must be made on a form provided by the ElectoralOfficer, be witnessed by a Justice of the Peace or a solicitor, and be accompaniedby a medical certificate. Under Section 69 of LEA, “incapacitated” is defined as acandidate suffering from a serious illness or having sustained a serious injury, sothat the candidate would be unlikely to be capable of performing the functions andduties of office if elected<strong>Information</strong> Requirements:After the close of nominations, the Electoral Officer will advise each candidate of allthe candidates, in writing.The information provided on Nomination Papers is generally required by theElectoral Act 2001 and failure to supply this information will invalidate the<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201317


nomination. In particular, the information will be used to process the nomination andconduct the election, the information will be available for public inspection, and theinformation will also be supplied to the Department of Internal Affairs for statisticalpurposes.<strong>Candidates</strong> are also requested to supply their telephone numbers (business andhome) so that contact can be made if necessary at any stage of the electoralprocess.Please note that contact details provided on the nomination form by candidates willbe supplied on request to the news media and members of the public requesting thisinformation. <strong>Candidates</strong> should advise at the time of lodging their nomination ifthere are contact details that they wish to remain confidential.Under the Privacy Act 1993, candidates have a right of access to personalinformation about them held by the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> and are entitled torequest that information about them be corrected.18 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


7CANDIDATE PROFILESTATEMENTSThe Electoral Act allows for candidate profiles statements to be provided by eachcandidate with their nomination paper. The profiles are then collated by the ElectoralOfficer and forwarded to electors in a booklet which is distributed with the voting papers.Profile statements must be submitted at the same time as the other nomination items arelodged. Statements will not be accepted at a later time or date, even althoughnominations might still be open at the time. Similarly, statements, once submitted,cannot be amended at a later date. This is a new requirement of the Local Electoral Act.The candidate profile statement is a statement of up to 150 words including informationabout the candidate together with his or her policies and intentions if elected to office.Profile statements must also state whether or not the candidate’s principal place ofresidence is in the MidCentral District Health Board area, and must also specify anyother position that the candidate is seeking to be elected to, anywhere in New Zealand.This information may be presented on the Nomination Paper itself. These are also newrequirements of the Local Electoral Act.The candidate profile statement must be true and accurate and the Electoral Officer isnot required to verify or investigate any information included in the statement.The photograph must be a recent passport-sized photograph (approximately 50mm x40mm) of the candidate. It is asked that candidates submit two passport-sizephotographs with their nomination. Their name should be clearly printed on the reverseside of both copies.The candidate profile statement, where supplied, is required to be included with thevoting paper sent to each elector by the Electoral Officer. The photographs ofcandidates will be reproduced in black and white, and probably in a slightly reducedformat to that supplied. Photographs will not be returned to candidates.A candidate profile statement may be in English or Māori, or both, but must not exceed150 words in each of the languages used in the statement. This may allow an overallstatement of up to 300 words in total, but neither language must exceed 150 words. If acandidate profile statement is submitted in Māori and English, the information containedin each language must be substantially consistent with the information contained in theother language.The candidate profile statement may also be provided in any other language orcombination of languages other than English or Māori. In this case, the statementcannot exceed 150 words in total. If the language or languages concerned usedsymbols rather than words, each symbol will be counted as a word. Should all or parts<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201319


of the candidate profile be in a language other than English, a translation into Englishmust be provided so that the statement can be verified. This translation will not bepublished with the candidate profile statement.Typewritten copy of candidate profile statements is preferred. A candidate may alsosubmit a profile statement in electronic form if presented on a disc or flash-drive whenthe nomination paper is handed in and if the electronic files are clearly named. Shouldall or part of a candidate profile statement be provided in any language that uses otherthan English or Māori symbols (eg Japanese), it is preferable that the statement beprovided in an electronic graphic file. All translations need to be supplied as a singleimage (if more than one language is translated, they need to be supplied together in thesingle image) as follows:- EPS Bit map- black and white- 600dpi- 1mm white space included around the head and left hand side of the image- the image being 55mm high and 85mm wide.The following contact details are given for a translation company, for those candidateswho are unable to prepare the translation image themselves or do not know of anyone todo this for them:Pacific International Translations (NZ) LtdP O Box 8567, Symonds Street, Auckland 1150Phone: 09 9135290 Fax: 09 9135291Email: info@pactrans.co.nz www.pactrans.co.nzThe translation service will provide the translations in the above format to meet therequirements of the printer, the cost of which is to be met by the candidate.Profile statements can be written in English and/or Māori (maximum 150 words in eitherlanguage), or in any other language (not exceeding 150 words in total).<strong>Candidates</strong> must pay for their own translation costs.If the Electoral Officer is not satisfied that a candidate profile statement complies with therequirements of the Local Electoral Act, the Electoral Officer will, as soon as possible,return the statement to the candidate and specify his/her concerns and the reasons forthem. The candidate will then have a specified period (which will not be less than threedays) to submit an amended candidate profile statement to the Electoral Officer. Acandidate will be treated as having failed to provide a candidate profile statement if thecandidate:- Fails to submit an amended candidate profile statement within the period specified;or- Submits an amended candidate profile statement that, in the opinion of theElectoral Officer, does not comply with the requirements of the Local Electoral Act.20 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


If there is no candidate profile statement or photograph from a candidate, then thefollowing or similar text will be printed in the profile booklet:Profile/photo not supplied.If a person has been nominated at an election for more than one office, the nomination inrespect of each office may be accompanied by a separate candidate profile statement forthe same person.To facilitate the printing of the profile statements, English text will be printed in plain textwith no special formatting. In preparing statements, candidates should therefore avoidthe use of special formatting (the use of bold, italic or underlined text), the use of tabs orbullet points, and the use of quotation marks.I am an astronaut, and livein Smallsville with my wifeand 2 children. My pledgeto voters is to: The quickbrown fox; jumps over thelazy; dog the quick brown;and, fox jumps over the.I am an astronaut, and livein Smallsville with my wifeand 2 children. Mypledge to voters is to:• The quick brown fox• Jumps over the lazy• Dog the quick brown• Fox jumps over the. Correct Format Incorrect FormatSection 61 of the Local Electoral Act 2001 states the following:(1) Every candidate may provide to the electoral officer a candidate profile statement thatcomplies with subsection (2) and, if applicable, subsection (3).(2) A candidate profile statement,-(a)(b)(c)if-(i)(ii)in English or Māori or both, must not exceed 150 words in each of thelanguages used in the statement:in a language other than English or Māori, must not exceed 150 words, orthe equivalent, if the language uses symbols rather than words (includingany translation of those words into another language provided by thecandidate); andmust be provided to the electoral officer, together with the nomination paper andother things referred to in section 55(2)(f); andmust be confined to information concerning the candidate (including any group ororganisation with which the candidate claims under section 55(4) to be affiliated, or<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201321


(ca)(cb)(d)(e)his or her status as an independent candidate, and the candidate’s contactdetails), and the candidate’s policies and intentions if elected to office; andmust state whether or not the candidate’s principal place of residence, being theaddress in respect of which the candidate is registered as a parliamentary elector,is in the local government are for which the candidate seeks election (for example,either ‘my principal place of residence is in the Lambton Ward’ or ‘My principalplace of residence is not in the Lambton Ward’; andif the candidate is seeking election to any other positions in elections to which thisAct applies (under section 7), must specify each position and state that thecandidate is seeking to be elected to the positions; andmust comply with any prescribed requirements; andmay include a recent photograph of the candidate alone.(2A)The information required by subsection (2)(ca) and (cb) does not count for the purposesof the word limit under sub-section (2)(a).(3) If a candidate profile statement is submitted in Māori and English, the informationcontained in each language must be substantially consistent with the informationcontained in the other language.(4) If the electoral officer is not satisfied that a candidate profile statement complies withsubsection (2) or, if applicable, subsection (3), the electoral officer must, as soon aspracticable, return the statement to the candidate and must –(a)(b)specify the concerns of the electoral officer and the reasons for those concerns;andunless the candidate profile statement does not comply with subsection (2)(b),specify a period, which must not be less than 3 days from the date of return of thestatement, during which the candidate may submit an amended candidate profilestatement to the electoral officer.(5) A candidate is to be treated as having failed to provide a candidate profile statement, ifsubsection (4)(b) applies to the candidate and the candidate-(a)(b)(6) An electoral officer-(a)(b)(c)fails to submit an amended candidate profile statement within the period specifiedin subsection (4)(b); orsubmits an amended candidate profile statement that, in the opinion of theelectoral officer, does not comply with subsection (2) or, if applicable, subsection(3).is not required to verify or investigate any information included in a candidateprofile statement:may include, in or with any candidate profile statement that is published, displayed,or distributed, any disclaimer concerning the accuracy of the information containedin the statement that the electoral officer considers appropriate:is not liable in respect of-(i)(ii)any statement contained in or omitted from the candidate profile statementor the work of a translator prudently selected by the electoral officer; orthe exercise of the powers and functions conferred on the electoral officerby this section.22 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


VOTEFORME8CAMPAIGNINGElection campaigning can commence any time and may continue up to and includingelection documents should not be collected from electors by candidates or theirassistants. Each elector should post or deliver his or her own voting document to theElectoral Officer.Each election advertisement must be authorised in writing by the candidate or thecandidate's agent, and must contain a statement setting out the true name and addressof the person or persons for whom, or at whose direction, it is published and a streetaddress (not a PO Box or Private Bag or website) of his or her residence or business.<strong>Candidates</strong> are required to submit a return of election expenses and donations after theelection has been completed. The expenditure limit for advertising incurred during thethree months before election day is $50,000. If a candidate is seeking election for bothMayor and <strong>Council</strong>lor, the combined limit is $50,000 (GST Incl).Election campaigning can commence at any time and may continue up to and includingelection day, Saturday 12 October 2013.<strong>Information</strong> on electoral donations and expenses, and election signs is detailedelsewhere in this booklet. <strong>Candidates</strong> should read these requirements carefully.Voting documents should not be collected from electors by candidates or theirassistants. Each elector should post or deliver his or her own voting document to theElectoral Officer.For campaigning information, the approximate number of households in <strong>Palmerston</strong><strong>North</strong> <strong>City</strong> is 31,055. There are 1,846 commercial/industrial units.Election offences are detailed for your information in this booklet. No election materialcan contain any untrue statement defamatory of any candidate and calculated toinfluence the vote of any elector. No election material may contain an imitation votingpaper which has the names of the candidates with any direction or indication as to thecandidate the person should vote for, or in any way contains such direction or indicationlikely to day, Saturday 12 October 2013.Election advertising, using any media, must identify the person under whose authority ithas been produced. The publication of any advertisements (in any newspaper,periodical, notice, poster, pamphlet, handbill, billboard or card, or broadcast over radio ortelevision) for candidates requires the written authorisation of the candidate or thecandidate’s agent. The advertisement must contain a statement setting out the true<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201323


name of the person or persons for whom, or at whose direction, it is published and thestreet address (not a PO Box or Private Bag or website) of his or her residence orbusiness. This applies during the candidate’s entire campaign.Authorisation statements should also be included on any website and any othercampaign information distributed electronically. Where there are multiple pages forviewing, an authorisation message on the front page will suffice.The relevant legislation detailing the requirements relating to advertising and relatedoffence provisions, are set out in section 133 of the Local Electoral Act 2001, as follows:Part 5A Electoral advertising113 Advertisements for candidates(1) No person may publish or cause to be published in any newspaper, periodical, notice,poster, pamphlet, handbill, billboard, or card, or broadcast or permit to be broadcastover any radio or television station, any advertisement that is used or appears to beused to promote or procure the election of a candidate at an election, unlesssubsection (2) or subsection (4) applies.(2) A person may publish or cause or permit to be published an advertisement of the kinddescribed in subsection (1) if-(a) the publication of that advertisement is authorised in writing by the candidate orthe candidate’s agent or, in the case of an advertisement relating to more than 1candidate, the candidates or an agent acting for all of those candidates; and(b) the advertisement contains a statement setting out the true name of the personor persons for whom or at whose direction it is published and the address of hisor her place of residence or business.(3) A candidate is not responsible for an act committed by an agent without the consentor connivance of the candidate.(4) A person may publish or cause or permit to be published an advertisement of thekind described in subsection (1) if-(a) the publication of the advertisement is endorsed by an organisation or bodyrepresenting residents or ratepayers in the community or district in which theadvertisement is published; and(b) the advertisement contains a statement setting out-(i)the true name of the person or persons for whom or at whose direction it ispublished and the address of his or her residence or place of business; and(ii) the true name of the organisation or body that has endorsed the publicationof the advertisement and the address of the place of business of thatorganisation or body.(5) This section does not restrict the publication of any news or comments relating to anelection in a newspaper or other periodical, or on the Internet, or in any othermedium of electronic communication accessible by the public, or in a radio ortelevision broadcast made by a broadcaster within the meaning of section 2 of theBroadcasting Act 1989.(6) A person who wilfully contravenes subsection (1) commits an offence and is liable onconviction to a fine not exceeding $1,000.24 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


9ELECTORALDONATIONS ANDEXPENSESAt the time this information was prepared, the Local Electoral Act 2001 had just beenamended. The legislative changes include donations and expenses, and in particularhave introduced a more complex regime for electoral donations, as described below.The full statutory provisions are also reproduced on pages 28-38 of this handbook. Campaign Expenditure LimitsThe Local Electoral Act 2001 (section 111) places limits on the amount a candidatemay spend on his or her campaign, and this includes donations and jointcampaigning. The maximum amount spent must not exceed the following limits:Local governmentarea populationExpenditurelimitUp to 4,999 $3,5005,000 – 9,999 $7,00010,000 – 19,999 $14,00020,000 – 39,999 $20,00040,000 – 59,999 $30,00060,000 – 79,999 $40,00080,000 – 99,999 $50,000100,000 – 149,999 $55,000150,000 –249,999 $60,000250,000-999.999 $70,0001,000,000 or more $100,000 plus50c per electorFor the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> area, the following limits apply, based on theestimated population of the <strong>City</strong> as at 30 June 2012. The amounts are GSTinclusive:EstimatedPopulationExpenditureLimitMayor 85,300 $50,000<strong>Council</strong>lor 85,300 $50,000Mayor and <strong>Council</strong>lor 85,300 $50,000If a candidate is standing for more than one position (that is, Mayor and <strong>Council</strong>lor)the $50,000 limit applies, not both combined.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201325


The period for which campaign expenditure limits apply is three months beforeElection Day (that is, from 12 July 2013 to 12 October 2013).Return of Electoral Donations and ExpensesA Return of Electoral Donations and Expenses form is required to be supplied to theElectoral Officer within 55 days after the official declaration of results. A copy of thisform is separately enclosed. The contents of this form are specified in Schedule 2of the Local Electoral Act 2001 (see pages 37-38 of this handbook). <strong>Candidates</strong> arerequired to submit a return whether or not they have been elected, and must alsosubmit a return if there are no donations or expenses to declare.If an election is not required (that is, for those candidates elected unopposed), the55 days will apply from the date of the Electoral Officer’s public notification of thecandidates’ election which would be made shortly after the close of nominations.The returns are a public document and will be displayed on the <strong>Palmerston</strong> <strong>North</strong><strong>City</strong> <strong>Council</strong> website for seven years after the election. The returns can also beinspected by any person, and copies will be made available if requested.Each candidate is required to take all reasonable steps to retain records, documentsand accounts necessary to enable their return of electoral donations and expenses tobe verified. Every payment of $200 or more (GST inclusive) for electoral expensesmust also be vouched by a bill stating the particulars, together with a receipt. Whilecandidates are therefore advised to retain all invoices, receipts and other documents,these need not be submitted with returns.Electoral DonationsPart A of the form covers electoral donations. <strong>Candidates</strong> are required to declareinformation about: Every donation received that exceeds $1,500. Every anonymous donation received that exceeds $1,500. Every donation funded from contributions that exceeds $1,500.The above amounts are GST inclusive, and the $1,500 sum applies to the aggregateof donations made by the same donor or to the same contributor.The Local Electoral Act applies to all donations received, regardless of whether or notthe donation was made before the three month election period commences.However, for the 2013 elections, some transitional provisions apply as set out insection 45 of the Local Electoral Amendment Act 2013. The general effect of thetransitional provisions is that the rules for donations for the 2013 elections apply toany candidate donation received from 1 July 2013.26 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


An electoral donation comprises a donation of money, goods or services for use inthe candidate’s campaign. A donation includes goods and services provided free ofcharge that have a reasonable market value greater than $300, and the differencebetween actual value and reasonable market value when goods are supplied or sold.Volunteer labour, and goods or services provided free of charge but having areasonable market value of $300 or less, are not deemed to be a donation.Electoral donations of more than $1,500 (GST inclusive) are required to be declaredby the candidate. This includes a series of donations by one person that total morethan $1,500.In some cases, a candidate may be required to declare the same item both as anelectoral expense and as a donation, such as where goods and services are providedto a candidate for which would otherwise be paid for.Where donations are made up of contributions, the candidate is required to beadvised that the donation is funded from contributions, the total amount of individualcontributions of $1500 or less, and in the case of individual contributions of greaterthan $1500, the name, address, and contribution of each contributor. If a candidateis aware that the donor has failed to supply information about contributions, the entiredonation must be returned to the donor. This provision does not, however, apply toanonymous donations. Examples of donations made up of contributions includesituations where donations are made through a trust, or where a fundraisingcollection has been used as part of a candidate’s campaign. In these circumstances,the person who collects the money would normally be the donor, with the individualswho contribute to the campaign being the contributors.Where a donation is transmitted to the candidate through someone else, thetransmitter must disclose to the candidate the fact that the donation is transmitted onbehalf of the donor, together with the name and address of the donor. If thetransmitted donation is funded from contributions, then the candidate must also beadvised of the total amount of individual contributions of $1500 or less, and in thecase of individual contributions of greater than $1500, the name, address, andcontribution of each contributor. If the transmitter does not disclose or is unable todisclose this information, then the donation must be treated as an anonymousdonation.<strong>Candidates</strong> are not permitted to retain those parts of anonymous donations thatexceed $1,500. An anonymous donation is a donation that is made in such a waythat the candidate who receives it does not know the identity of the donor, and couldnot, in the circumstances, reasonably be expected to know the identity of the donor.If a candidate receives an anonymous donation of $1,500, the candidate may retain$1,500, but must pay the balance to the Electoral Officer, for payment into thegeneral fund of the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>.Electoral ExpensesFor Part B of the Return of Electoral Donations and Expenses form, candidates arerequired to submit information on all electoral expenses incurred during the electoralperiod.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201327


Where electoral expenses are incurred or paid prior to the three month electionperiod, but relate to activity within that period, the costs are to be included in theexpenses return. For example, if a candidate pays to reserve advertising space priorto the election, but the advertisements appear within the election period, these costsare included. However, if a candidate pays to have 1,000 brochures produced beforethe election period commences, and then distributes 500 before the election periodstarts and the remaining 500 within the election period, only 50% of the cost of thosebrochures is included.Where two or more candidates run a joint campaign, those electoral expenses mustbe apportioned equally. There are also requirements for apportioning electoralexpenses that fall outside the applicable period.Electoral expenses includes the reasonable market value of any materials applied inrespect of any electoral activity that are given to the candidate or are provided to thecandidate free of charge or below reasonable market value.Electoral expenses also include in the cost of any printing or postage in respect ofany electoral activity, whether or not the expenses are incurred by or on behalf of thecandidate.Electoral expenses do not include:The expense of operating a vehicle on which election advertising appears if thatvehicle is used in good faith by the candidate as their personal means oftransport;Expenses incurred by the candidate in preparing a candidate profile statement;The labour of any person that is provided to the candidate free of charge;The nomination deposit fee; andThe cost of any framework, other than a commercial framework, that supports ahoarding on which an advertisement is displayed.ELECTORAL DONATIONS AND EXPENSESSECTIONS 103A-112F OF THE LOCAL ELECTORAL ACT 2001Subpart 1—Electoral Donations103AInterpretationIn this subpart and subpart 3, unless the context otherwise requires,—anonymous, in relation to an electoral donation, means a donation that is made in such away that the candidate who receives the donation—(a) does not know the identity of the donor; and(b) could not, in the circumstances, reasonably be expected to know the identity of the donor28 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


contribution means any thing (being money or the equivalent of money or goods or servicesor a combination of those things) that makes up a donation or is included in a donation or hasbeen used to wholly or partly fund a donation, and that—(a) was given—(i)to the donor; or(ii) to a person who was required or expected to pass on all or any of its amount orvalue to the donor, whether directly or indirectly (for example, through 1 or moreintermediaries, trustees, or nominees); and(b) would have been a donation if it had been given directly to the candidate; and(c) was given in the knowledge or expectation (whether by reference to a trust, anagreement, or an understanding) that it would be wholly or partly applied to make up, orto be included in, or to fund, a donationcontributor means a person who makes a contribution and who immediately before makingthe contribution—(a) beneficially holds any money, or the equivalent of money, or any goods that make up thecontribution or are included in the contribution; or(b) provides any services that make up the contribution or are included in the contribution orpays for those services out of money that the person beneficially holdsdonation funded from contributions means a donation that is made up of, includes, or iswholly or partly funded from 1 or more contributionsdonor means a person who makes an electoral donationelectoral donation or donation means a donation (whether of money or of the equivalent ofmoney or of goods or services or of a combination of those things) that is made to acandidate, or to any person on the candidate’s behalf, for use in the candidate’s campaign forelection and—(a) includes,—(i)where goods or services are provided to a candidate, or to any person on thecandidate’s behalf, under a contract or an arrangement at a value that is less thantheir reasonable market value, the latter being a value that exceeds $300, theamount of the difference between the former value and the reasonable market valueof those goods or services; and(ii) where goods or services are provided by a candidate under a contract or anarrangement at a value that is more than their reasonable market value, the amountof the difference between that value and the reasonable market value of thosegoods or services; and(b) excludes—(i)the labour of any person that is provided to a candidate free of charge by thatperson; and(ii) goods or services provided free of charge to a candidate, or to any person on thecandidate’s behalf, that have a reasonable market value of $300 or lessreceive, in relation to a donation, means to get a donation that has been given or sent by—(a) the donor directly; or(b) the donor indirectly, via a transmittertransmitter means a person to whom a donor gives or sends a donation for transmittal to acandidate.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201329


103B103C103DDonations and contributions include GSTAll references to the amount or value of a donation or contribution are inclusive of any goodsand services tax incurred by the donor or contributor in respect of the goods or servicesdonated or contributed.Donations to be transmitted to candidateEvery person, other than a candidate, to whom an electoral donation is given or sent must,within 10 working days after receiving the donation, transmit the donation to the candidate.Contributors to be identified(1) This section applies to a donation (other than an anonymous donation) that is made upof, includes, or is wholly or partly funded from 1 or more contributions.(2) If this section applies to a donation, the donor must, at the time of making the donation,disclose—(a) the fact that the donation is funded from contributions; and(b) the following information about any contribution that, either on its own or whenaggregated with other contributions made by the same contributor to the donation,exceeds $1,500 in sum or value:(i)the name of the contributor; and(ii) the address of the contributor; andthe amount of the contribution or, in the case of aggregated contributions, the totalamount of the aggregated contributions; and(c) the total of all of the amounts disclosed under paragraph (b)(iii) in relation to thedonation; and(d) the total of all of the other contributions made in relation to the donation.(3) A candidate must give back to the donor the entire amount of the donation, or its entirevalue, if the candidate knows, or has reasonable grounds to believe, that the donor hasfailed to comply with subsection (2) in any respect.(4) For the purpose of section 112A, any amount given back by a candidate undersubsection (3) is taken not to have been received by the candidate.103E103FOffence relating to contravention of section 103DA donor who fails to comply with section 103D with the intention of concealing the identity ofany or all of the contributors commits an offence and is liable on conviction to a fine notexceeding $5,000.Identity of donor to be disclosed by transmitter, if known(1) When a transmitter transmits a donation to a candidate on behalf of the donor, thetransmitter must disclose to the candidate—(a) the fact that the donation is transmitted on behalf of the donor; and(b) the name and address of the donor; and(c) whether section 103D applies to the donation and, if so, all information disclosed bythe donor under subsection (2) of that section.(2) Where a transmitter does not disclose, or is unable to disclose, the information requiredby subsection (1), then the donation must be treated as an anonymous donation.30 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


103G103H103IOffence relating to contravention of section 103FA transmitter who fails to comply with section 103F(1) with the intention of concealing theidentity of the donor or any or all of the contributors commits an offence and is liable onconviction to a fine not exceeding $5,000.Disclosure of identity of donorIf any person involved in the administration of the affairs of a candidate in relation to his or herelection campaign knows the identity of the donor of an anonymous donation exceeding$1,500, the person must disclose the identity of the donor to the candidate.Offence relating to contravention of section 103HA person who fails to comply with section 103H with the intention of concealing the identity ofthe donor commits an offence and is liable on conviction to a fine not exceeding $5,000.103J Anonymous donation may not exceed $1,500(1) If an anonymous donation exceeding $1,500 is received by a candidate in relation to anelection campaign, the candidate must, within 20 working days of receiving the donation,pay to the electoral officer responsible for the conduct of the election to which thatcampaign relates the amount of the donation, or its value, less $1,500.(2) If an anonymous donation exceeding $1,500 is received by a candidate who is seekingelection to more than 1 office, the candidate must—(a) designate 1 election campaign for election to 1 office for which the donation will beused; and(b) within 20 working days of receiving the donation, pay to the electoral officerresponsible for the conduct of the election to which that campaign relates theamount of the donation, or its value, less $1,500.(3) An electoral officer who receives an amount under subsection (1) or (2) must, within 20working days of receiving that amount,—(a) issue a receipt to the candidate; and(b) pay the amount into the general fund of the local authority that appointed theelectoral officer.103KOffence relating to contravention of section 103J(1) A person who enters into an agreement, arrangement, or understanding with any otherperson that has the effect of circumventing section 103J(1) or (2) commits an offenceand is liable on conviction to a fine not exceeding $5,000.(2) A candidate who contravenes section 103J(1) or (2) commits an offence and is liable onconviction to a fine not exceeding $5,000.103LRecords of electoral donations(1) A candidate must keep proper records of all donations received by him or her.(2) A candidate who fails, without reasonable excuse, to comply with subsection (1) commitsan offence and is liable on conviction to a fine not exceeding $5,000.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201331


104 Interpretation:In this subpart and subpart 3,-Subpart 2—Electoral Expensesapplicable period before the close of polling day means the period beginning 3 monthsbefore the close of polling day and ending with the close of polling dayelectoral activity, in relation to a candidate at an election, means an activity –(a) that is carried out by the candidate or with the candidate’s authority; and(b) that relates to the candidate solely in the candidate’s capacity as a candidate and not tothe candidate –(i)in his or her capacity as a member of the local authority or community board, or asthe holder of any other office; or(ii) in any other capacity; and(c) that comprises –(i)advertising of any kind; or(ii) radio or television broadcasting; or(iii) publishing, issuing, distributing, or displaying addresses, notices, posters,pamphlets, handbills, billboards, and cards; or(iv) any electronic communication to the public, including (without limitation) theestablishment or operation of a website or other method of communication to thepublic using the Internet; and(d) that relates exclusively to the campaign for the election of the candidate; and(e) that takes place within the applicable period before the close of polling dayelectoral expenses, in relation to a candidate at an election, -(a) means expenses that are incurred by or on behalf of the candidate in respect of anyelectoral activity; and(b) includes expenses that are incurred by or on behalf of the candidate, before or after theapplicable period before the close of polling day, in respect of any electoral activity; and(c) includes the reasonable market value of any materials applied in respect of any electoralactivity that are given to the candidate or that are provided to the candidate free ofcharge or below reasonable market value; and(d) includes the cost of any printing or postage in respect of any electoral activity, whether ornot the expenses in respect of the printing or postage are incurred by or on behalf of thecandidate; but(e) does not include the expenses of operating a vehicle on which election advertisingappears if that vehicle is used in good faith by the candidate as the candidate’s personalmeans of transport; and(f)does not include expenses incurred by the candidate in preparing a candidate profilestatement; and(g) does not include the labour of any person that is provided to the candidate free of chargeby that person; and(h) does not include the cost of any framework (other than a commercial framework) thatsupports a hoarding on which an advertisement is displayed.32 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


population means the population, as at the day that is 3 months before the close of pollingday, of a local government area as specified in a certificate issued in respect of that area bythe Government Statistician.105 Periods for claiming and paying expenses(1) No claim against a candidate, or against any agent of a candidate, in respect of anyelectoral expenses is recoverable unless it is sent to the candidate within 30 days afterthe day on which the successful candidates are declared to be elected.(2) All electoral expenses incurred by or on behalf of a candidate must be paid within 60days after the day on which the successful candidates are declared to be elected.(3) A person who makes a payment in breach of this section commits an offence and isliable on conviction to a fine not exceeding $5,000.106 Procedure if claim disputed(1) If a candidate, in the case of a claim for electoral expenses sent in to him or her withinthe time allowed by this Act, disputes it, or fails to pay it within 60 days,-(a) the claim is a disputed claim; and(b) the claimant may, if he or she thinks fit, within a further 30 days, bring an action forthe disputed claim in any court of competent jurisdiction.(2) Any sum paid by the candidate to satisfy the judgment or order of the Court in any actionreferred to in subsection (1) is to be treated as paid within the time allowed by this Act.107 Leave to pay claim after time limited(1) A District Court may, on the application of the claimant or the candidate, grant leave tothe candidate to pay a disputed claim, or to pay a claim for any electoral expenses, eventhough it is sent in after the time allowed by this Act, if the Court considers it in theinterests of justice to grant that leave.(2) Any sum specified in the order granting that leave may be paid by the candidate and,when paid, is to be treated as paid within the time allowed by this Act.108 Payments to be vouched by billEvery payment made in respect of any electoral expenses must, except when it is less than$200 (inclusive of goods and services tax), be vouched by-(a) a bill stating the particulars; and(b) a receipt111 Maximum amount of electoral expenses (refer to page 25 above)112 Apportionment of electoral expenses(1) If any activity of the kind described in paragraphs (a) to (d) of the definition of the termelectoral activity (as set out in section 104) is, in relation to a candidate at an election,carried on both before and within the applicable period before the close of polling day,-(a) the expenses incurred in respect of the activity (being expenses incurred by or onbehalf of the candidate) must be properly apportioned so that a fair proportion ofthose expenses is attributed to the carrying on of the activity in the applicable periodbefore the close of polling day; and(b) the fair proportion of those expenses are electoral expenses.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201333


(2) If any election activity relates exclusively to campaigns for the election of 2 or morecandidates, any electoral expenses in respect of that electoral activity must beapportioned equitably in relation to each of those candidates.112AA Offence to pay electoral expenses in excess of relevant prescribed maximum(1) This section applies to any candidate or other person who directly or indirectly pays orknowingly aids or abets any person in paying for or on account of any electoral expensesany sum in excess of the relevant maximum amount prescribed by section 111.(2) The candidate or person commits an offence and is liable on conviction –(a) to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, ifhe or she knew the payment was in excess of the relevant prescribed maximumamount; or(b) to a fine not exceeding $5,000 in any other case, unless he or she proves that he orshe took all reasonable steps to ensure that the electoral expenses did not exceedthe relevant prescribed maximum amount.Subpart 3 – Return of Electoral Donations and Expenses112AReturn of Electoral Donations and Expenses(1) Within 55 days after the day on which the successful candidates at any election aredeclared to be elected, every candidate at the election must file a return of electoraldonations and expenses.(2) However, in any case where a candidate is outside New Zealand on the day on whichthe successful candidates are declared to be elected (election result day), the returnmust be filed within 76 days after election result day.(3) The return of electoral donations and expenses must set out–(a) the details specified in subsection (4) in respect of every electoral donation (otherthan a donation of the kind referred to in paragraph (c)) received by the candidatethat, either on its own or when aggregated with all other donations made by or onbehalf of the same donor for use in the same campaign, exceeds $1,500 in sum orvalue; and(b) whether any donation is funded from contributions, and if so, and to the extentknown or ascertainable from the information supplied under section 103D, thedetails specified in subsection (5) in respect of every contribution that, either on itsown or when aggregated with other contributions by the same contributor to thedonation, exceeds $1,500; and(c) the details specified in subsection (6) in respect of every anonymous electoraldonation received by the candidate that exceeds $1,500; and(d) details of the candidate’s electoral expenses.(4) The details referred to in subsection (3)(a) are–(a) the name of the donor; and(b) the address of the donor; and(c) the amount of the donation or, in the case of aggregated donations, the total amountof the donations; and34 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


(d) the date the donation was received or, in the case of aggregated donations, the datethat each donation was received.(5) The details referred to in subsection (3)(b) are–(a) the name of the contributor; and(b) the address of the contributor; and(c) the amount of the contribution or, in the case of aggregated contributions, the totalamount of the aggregated contributions.(6) The details referred to in subsection (3)(c) are–(a) the date the donation was receive; and(b) the amount of the donation;(c) the amount paid to the electoral officer under section 103J(1) and (2) and the datethat payment was made.(7) Every return filed under this section must be in the form prescribed in Schedule 2.(8) It is the duty of every electoral officer to ensure that this section is complied with.(9) In this section, file in relation to a return, means to send the return to the electoral officerresponsible for the conduct of the election.112B112C112D112ENil returnIf a candidate considers that there is no relevant information to disclose under section 112A,the candidate must file a nil return under that section.Failure to file return of electoral donations and expensesA candidate who fails, without reasonable excuse, to comply with section 112A commits anoffence and is liable on conviction to—(a) a fine not exceeding $1,000; and(b) if he or she has been elected to office, a further fine not exceeding $400 for every daythat he or she continues to hold office until the return is filed.Filing a false return of electoral donations and expensesA candidate who files a return under section 112A that is false in any material particularcommits an offence and is liable on conviction—(a) to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if heor she filed the return knowing it to be false in any material particular; or(b) to a fine not exceeding $5,000 in any other case, unless the candidate proves that—(i)he or she had no intention to misstate or conceal the facts; and(ii) he or she took all reasonable steps in the circumstances to ensure the information inthe return was accurate.Obligation to retain records necessary to verify return(1) A candidate must take all reasonable steps to retain all records, documents, andaccounts that are necessary to enable a return under section 112A to be verified.(2) The records, documents, and accounts must be retained until the expiry of the periodwithin which a prosecution may be commenced under this Act in relation to the return orto any matter to which the return relates.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201335


(3) A candidate who fails, without reasonable excuse, to comply with subsection (1) commitsan offence and is liable on conviction to a fine not exceeding $5,000.112FReturn of electoral donations and expenses to be open for public inspection(1) The electoral officer must keep every return filed under section112A in the electoralofficer’s office, or at some other convenient place to be appointed by the chief executiveof the local authority, for a period of 7 years after the date of the election to which itrelates (the public inspection period).(2) During the public inspection period the electoral officer must—(a) publish, electronically or in any other manner the electoral officer considersappropriate, every return filed under section 112A; and(b) make available for public inspection a copy of every return filed under section 112A;and(c) provide to any person upon request a copy of 1 or more returns filed under section112A, subject to the payment of any charges that may be made under the LocalGovernment Official <strong>Information</strong> and Meetings Act 1987.36 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


Schedule 2Return of electoral donations and expensesSection 112A, Local Electoral Act 2001I, [name], was a candidate for the following elections held on [date]: [List all elections atwhich the candidate stood for election on the above date.]Part AReturn of electoral donationsI make the following return of all electoral donations received by me that exceed $1,500:[Set out the following details in respect of every electoral donation received (other than ananonymous electoral donation) that, either on its own or when aggregated with all otherdonations made by or on behalf of the same donor for use in the same campaign, exceeds$1,500 in sum or value:- the name of the donor:- the address of the donor:- the amount of the donation or, in the case of aggregated donations, the total amount ofthe donations:- the date the donation was received or, in the case of aggregated donations, the date thateach donation was received.Set out the following details in respect of every anonymous electoral donation received thatexceeds $1,500:- the date the donation was received:- the amount of the donation:- the specific election campaign to which the donation was designated:- the amount paid to the electoral officer and the date the payment was made.In the case of any electoral donation funded from contributions, set out the following detailsin respect of each contribution that, either on its own or when aggregated with othercontributions made by the same contributor to the donation, exceeds $1,500 in sum or value:- the name of the contributor:- the address of the contributor:- the total amount of the contributor’s contributions made in relation to the donation.]<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201337


Part BReturn of electoral expensesI make the following return of all electoral expenses incurred by me:[Set out the following details in respect of every electoral expense incurred by or on behalf ofthe candidate at the election in respect of any electoral activity:- the name and description of every person or body of persons to whom any sum waspaid:- the reason that sum was paid:Sums paid for radio broadcasting, television broadcasting, newspaper advertising, posters,pamphlets, etc. must be set out separately and under separate headings.]Signed:Date:Place:38 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


10ELECTION SIGNSThe following information is to assist candidates in planning their election signage within<strong>Palmerston</strong> <strong>North</strong> for the forthcoming election. The <strong>Palmerston</strong> <strong>North</strong> Signs and Use ofPublic Places Bylaw 2010 contains provisions for the control of temporary electioneeringsigns. The following reflects the Bylaw provisions.<strong>City</strong> Entrances Sites (Sign Parks)All signs in the Signs Parks require a <strong>Council</strong> permit. An application to place a sign in aSign Park must be made to the Environmental Services Section of the <strong>Council</strong>. Anapplication fee of $158.00 is required and must accompany the application. Anapplication form is separately enclosed with this handbook. Further forms can beobtained from the Electoral Officer or the Customer Service Centre.Signs may be placed within the two designated Sign Parks located at:- Pioneer Highway grass berm on the <strong>City</strong> side of the Manawatu Trotting Clubentrance. Signs must be placed to face traffic travelling into the <strong>City</strong> from the west.- Fitzherbert Bridge grassed reserve area, on the <strong>City</strong> side of the bridge. Signs mustbe placed to face traffic travelling towards Massey.Sign park sites are marked on the location map (see next page of this handbook).No sign park may display more than one election sign per candidate, and one electionsign per political party (not to include any reference to a candidate).A statement must appear on the sign stating the true name of the person for at whosedirection the sign is erected and the address of his/her place of residence or business. Awebsite, private bag or post office box will not suffice for an address.Signs are to be placed in a manner that allows signs already in place to be visible fromthe road.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201339


SIGN PARK SITES40 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


Signs are to be a maximum size of 2.9m 2 .Signs may be placed in the Sign Parks only during the period from when nominationsopen (26 July 2013) until election day (12 October 2013).Please note that the number of spaces available within the Sign Parks may be limited.Priority will be based on the date of receipt of the applications received by theEnvironmental Services Section of the <strong>Council</strong>.Residential Zone SitesThe maximum size for signs placed on properties within the Residential Zone (as shown on theDistrict Plan maps) is 0.6 m 2 in area.The maximum height for any freestanding sign is 1.8m.Signs may not be placed in such a way as to cause any distraction to drivers. Generallycare should be taken when placing any signs at intersections.Signs may be placed on residentially zoned land at any time (subject to obtainingapproval from the land owner or occupier).No property may display more than one election sign per candidate, and one electionsign per political party (not to include any reference to a candidate).Business, Industrial, Recreation and Rural Zoned SitesThe maximum size for signs placed on properties within the Business, Industrial,Recreation or Rural Zones (as shown on the District Plan maps) is 10.0m 2 in area.The maximum height for any freestanding sign is 1.8m.Signs may be placed on properties within the Business, Industrial, Recreation or RuralZones at any time (subject to obtaining approval from the land owner or occupier).Signs may not be placed in such a way as to cause any distraction to drivers. Generallycare should be taken when placing any signs at intersections.No property may display more than one election sign per candidate, and one electionsign per political party (not to include any reference to a candidate).Signs on Local Road Reserves and Other <strong>Council</strong> Property (Other than the SignParks)No signs, display materials, circulars or posters of any kind may be placed on any<strong>Council</strong> owned property or buildings, without a permit from the <strong>Council</strong>. <strong>Council</strong> propertyincludes (but is not limited to) lamp posts, traffic islands, roadway median strips, trafficsignal boxes and road reserves.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201341


Signs on the State Highway Road ReservesApproval is required from Transit New Zealand, Wanganui, for any sign placed in theroad reserves of State Highways, outside the 50 km/hr speed limit.A permit is required from the Roading Section of <strong>Council</strong> for any signs placed in the roadreserves of State Highways within the 50 km/hr speed limit area (excluding the SignParks, as discussed above).Candidate or Party Signs Advertised on Trailers or VehiclesNo person may leave a mobile sign in a public place for the primary purpose ofadvertising or electioneering without a permit from the <strong>Council</strong>.Note: This does not prevent mobile advertising. Where vehicles are used to promote acandidate or party they may not be parked on a road for the purpose of drawing attentionto the vehicle and signage. However, it is accepted that vehicles may be parked fromtime to time as a person goes about their normal business. The types of matters thatmight be considered by <strong>Council</strong> officers when assessing whether a breach in the Bylawhas occurred include:- Where the vehicles are left (ie is it a high profile location?)- The times when the vehicles are parked (does it coincide with peak traffic flows?)- The length of time that vehicles are left.Breaches of the Bylaw RulesWhere there is non-compliance with the Bylaw an officer of <strong>Council</strong> may seize andimpound signs. The <strong>Council</strong> will notify the owner in writing that the signs have beenimpounded. If the signs are not claimed the <strong>Council</strong> may dispose of the signs as it seesfit after two months from notification that the signs were impounded.General Building InstructionsAll signs must be designed to withstand wind and seismic loads as required by theBuilding Act. All signs must be safe, and the safe and secure placement of signs is theresponsibility of the owner. <strong>Council</strong> staff will periodically make a check of the Sign Parksand if any sign is considered unsafe it will be taken down immediately. The owner of thesign will be contacted with regard the return of the sign and a replacement if warranted.ContactsFor further information on signage please contact Environmental Services (CustomerService) on telephone (06) 356 8199. Our postal address is <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong><strong>Council</strong>, Private Bag 11034, <strong>Palmerston</strong> <strong>North</strong> 4410, and our office is located in the CivicAdministration Building, The Square, <strong>Palmerston</strong> <strong>North</strong>.42 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


11OFFICIAL PUBLICITYIn 2013, the <strong>Council</strong> will promote the elections through:- Advertising- Detailed information for prospective candidates- Seminars for prospective candidates- “Meet the <strong>Candidates</strong>” events- Regular media statements- Monthly articles in the Square Circular until the time of the elections- Website information on www.pncc.govt.nzAdvertising will include various media, including newspapers, radio, posters, pamphlets, andscreen advertisements at Downtown Cinemas.Seminars for prospective candidates will be held in July and August 2013. More informationabout these seminars is set out on pages 83-84.“Meet the <strong>Candidates</strong>” events will be held in late August/early September following the closeof nominations so that candidates can address meetings of members of the public andanswer questions.The administrative arrangements for these events will made by <strong>Council</strong> staff, with a suitableperson appointed as Chairperson for the first two meetings. These events will be advertisedby the media and in the August edition of Square Circular, and all of them will be held in theConvention Centre, Main Street West. Details include:Meet the <strong>Candidates</strong> (29 August)All Mayoral and <strong>Council</strong>lor <strong>Candidates</strong> will be invited to attend. A time limit of twominutes will apply for the speaking times of candidates, but this time may be extendedat the discretion of the Chairperson, depending on the number of candidates standingand appearing at the meeting. Because of the expected number of candidates, therewill be no opportunity for formal questions, but members of the public will be able meetcandidates informally during a light supper at the end of the meeting.Meet the Mayoral <strong>Candidates</strong> (3 September)Only the Mayoral candidates will participate. Each candidate will address the meetingfor ten minutes, but this time may be extended at the discretion of the Chairperson,depending on the number of candidates standing and appearing at the meeting. Eachcandidate will have an opportunity to answer questions after he or she has spoken butthe Chairperson will have the discretion to limit the extent and number of questions. At<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201343


the end of each meeting, there will be light refreshments and an opportunity forcandidates to meet members of the public informally and answer further questions.Meet the <strong>Candidates</strong> Expo and STV Explanation (10 September)There will be no speeches but candidates will be in attendance and will be able to talk toindividual electors. The Electoral Officer will also provide an explanation of the SingleTransferable Voting (STV) electoral system.Data projection (PowerPoint) will be available at each venue for the first two events.<strong>Candidates</strong> wishing to use PowerPoint are required to email their presentation (in MicrosoftPowerPoint) or deliver it on disk to the Civic Administration Building, clearly marked to theattention Penny Odell, at least 48 hours prior to the relevant meeting. See below foraddresses.Enquiries concerning these meetings can be made by contacting Penny Odell at <strong>City</strong>Corporate, second floor, Civic Administration Building, telephone (06) 356 8199 or byemailing Penny. Her email addresses is penny.odell@pncc.govt.nz. All emailedPowerPoint presentations should be sent to penny.odell@pncc.govt.nz.Election information is also available on the <strong>Council</strong>’s website www.pncc.govt.nz. This willinclude candidate profile statements from late August. These statements will be the sameas those which will be distributed with voting documents, and will include photographs whereprovided. For the <strong>Council</strong> website, candidates are not permitted to have informationadditional to their official candidate profiles, nor have an email and/or web page link.Meet the <strong>Candidates</strong> EventsThursday29 August 20137.00pmDate Place <strong>Candidates</strong>Meet the <strong>Candidates</strong>:Tuesday3 September 201312.00noonTuesday10 September 20135.30pm to 8.30pmConventionCentreConventionCentreConventionCentreMayoral and <strong>Council</strong>lor candidates will addressthe meeting, followed by supper and informalquestions.Meet the Mayoral <strong>Candidates</strong>:Speeches from Mayoral candidates togetherwith formal questions, followed by lightrefreshments and informal mixing with thecandidates.Meet the <strong>Candidates</strong> Expo and explanation ofSTV.There will be no speeches but candidates will bein attendance and will be able to talk toindividual electors. The Electoral Officer willalso provide an explanation of the SingleTransferable Voting (STV) electoral system.44 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


12WEBSITESRelevant Websites:You can find out more about the upcoming <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> elections onthe following websites:www.pncc.govt.nz to access information on Elections, including official candidate profilestatements when these become available after the close of nominationswww.legislation.govt.nz to access the Local Electoral Act 2001, amendments andregulationswww.elections.org.nz to access the Electoral Enrolment Centrewww.vote.co.nz to find the free portal profiling candidates for local body elections (seebelow)www.stv.govt.nz to understand how STV works.Elections Website - vote.co.nzFor candidates wanting to raise their profile beyond the official candidate profile andnewspaper advertising, Local Government Online (LGOL) runs a FREE portalwww.vote.co.nz profiling candidates for local body elections.By using vote.co.nz you will be able to share more messaging than you can via othercampaign activities. You can be sure all your constituents are aware you are standing inthe election and it gives you an opportunity to explain to voters who you are and whythey should vote for you.Voters from across the country are able to easily establish which councils, boards, trustsand DHB they are eligible to vote for by simply typing in their address. Voters are thenshown information on each candidate standing in their area and relevant informationabout the electoral area. The focus is on reaching those in the community that areeligible to vote and want to engage with you in the democratic process.The web portal was first used in the 2010 elections, and has been further improved forthis year’s elections. At its peak during the 2010 local body elections the site had over1.4 million visitors within 24 hours, which shows what a powerful tool it is for engagingwith the wider community and potential voters.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201345


Each candidate is given the opportunity to load the following information to be includedon www.vote.co.nz:- Your official candidate statement- Further candidate information- List your top five election issues- Links to your own website, blogs, social media accounts- Videos between 30 and 120 seconds long- The ability to answer questions submitted from voters – alongside other candidates- The ability to load an acceptance speech that will publically available once the resultshave been announcedTo receive a site logon or for more information about www.vote.co.nz simply emailvote@localgovt.co.nz with your full name and the details of the election(s) that you arestanding for. You will be provided with a unique logon and password that you and/ oryour campaign team can use to access the site and promote your election campaign.For further information, see the separate leaflet.46 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


13ELECTORAL ROLLSThose eligible to vote are:- All residents enrolled on the Parliamentary Electoral Roll.- All non-resident ratepayers enrolled on the Ratepayer Electoral Roll.Persons are qualified to be enrolled on the Parliamentary Electoral Roll if they:- Are a New Zealand citizen or a permanent resident of New Zealand; and- Are 18 years of age or over; and- Have at some time resided continuously in New Zealand for one year or longer; and- Are not disqualified under the Electoral Act 1993.Persons are subject to disqualification if they:- Are a New Zealand Citizen who has not been in New Zealand within the last threeyears.- Are a permanent resident of New Zealand and have not been in New Zealandwithin the last 12 months.- Are being detained, because of a conviction, in a penal institution for a term of threeyears or more.- Are being detained in a hospital for a period exceeding three years under theMental Health (Compulsory Assessment and Treatment) Act 1992.- Are named on an electoral Corrupt Practices List.Residents of <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> are enrolled automatically on the <strong>City</strong>’s ResidentialElectoral Roll if they are registered as Parliamentary electors. Therefore, they do not needto enrol separately for the <strong>City</strong>’s elections.Ratepayers who are not residents of <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> but pay rates on a propertywithin the <strong>City</strong> may be entitled to enrol on the Ratepayer Electoral Roll. Companies,businesses, trusts and societies which are ratepayers may also nominate an elector to voteon their behalf, provided any such elector resides outside <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong>. Any suchelector nominated must also be registered as a parliamentary elector and reside outside<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong>.The Preliminary Roll will be available for public inspection from Friday 19 July 2013 to Friday16 August 2013 at the following locations:<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201347


- Civic Administration Building, 32 The Square (Customer Service Centre)- Central Library, 4 The Square (in the New Zealand and Pacific Room)- Libraries at Ashhurst, Highbury (Te Pātikitiki), Roslyn, Awapuni, Linton and MobileLibrary.Any alterations to the Residential Roll should be made by:- Completing the appropriate form available at any of the above locations and fromany PostShop, or- Telephoning 0800 ENROLNOW (0800 36 76 56), or- Free texting your name and address to 3676, or- Accessing the Electoral Enrolment Centre website on www.elections.org.nz.Any alterations or changes required, or omissions found in the Ratepayer Roll should bemade by contacting the Electoral Officer at the <strong>City</strong> <strong>Council</strong>, telephone (06) 356 8199.A copy of the Preliminary Electoral Roll for <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> may be purchased fromthe Electoral Officer for $60.00 (GST inclusive). Delivery of any purchased electoral roll willtake several days.<strong>Information</strong> contained in the Electoral Roll is not available from the Electoral Officer in anelectronic form, but candidates or political parties may request an electronic listing ofresident electors from Electoral Services, of the Electoral Commission (formerly the ElectoralEnrolment Centre), providing the criteria of Section 114 of the Electoral Act 1993 are met.An application form is required to be completed and this is available upon request fromElectoral Services, telephone 0800 36 76 56.The Final Electoral Roll is produced once the Preliminary Electoral Roll closes on 19 August2010. The Final Electoral Roll is used for issuing voting papers. Copies of this roll areavailable for inspection at the Civic Administration Building (Customer Service Centre) andthe Central Library (but not community libraries) from about 16 September 2010. Copies ofthis roll are also available for purchase.For each elector, the Electoral Roll includes the elector’s full name (surname, then firstnames) listed alphabetically and qualifying address. Postal addresses and occupations arenot included.With regard to non-resident Ratepayer Electors, a candidate may purchase mailing labelsand/or post box address lists from the Electoral Officer.Any person whose name is not included on the final electoral rolls by 19 August 2013 maystill enrol up to and including 11 October 2013, the day immediately before the close ofvoting, but will also need to apply to the Electoral Officer for special voting documents.<strong>Candidates</strong> or their scrutineers may request, before the close of voting, the Electoral Officerto provide a listing of names of persons from whom voting documents have been returned.A reasonable charge will be made for the supply of this information (Local Electoral Act2001, Section 68(6)).48 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


SPECIAL VOTEBALLOT BOX14ORDINARY VOTINGThe election is being conducted by postal vote. Voting documents will be posted out to allelectors whose names appear on the final Electoral Rolls. Delivery by New Zealand Postwill commence on Friday 20 September 2013, and all electors should have received theirvoting documents by Wednesday, 25 September 2013. Enquiries about late or misdeliveredvoting documents should be made to the Electoral Officer.Voting documents will be accompanied by the Candidate Profile <strong>Booklet</strong> which includes thestatements and photographs of candidates. These statements and photographs will also bedisplayed on the website www.pncc.govt.nz.Ordinary voters who have received their documents through the mail and have completedtheir voting document should seal it in the return envelope provided. They may either mailthe envelope (to an Auckland address no stamp required) or deliver it to the CivicAdministration Building, The Square, <strong>Palmerston</strong> <strong>North</strong>. If mailing, it is recommended that itbe posted by 5.00 pm on Thursday 10 October to guarantee delivery before 12.00 noon onSaturday 12 October 2013.Electors wishing to deliver their voting documents by hand can leave their envelope at theCivic Administration Building at any time before 12.00 noon on Saturday 12 October. Aballot box will be available in the Customer Service Centre between 8.00 am and 5.00 pm oneach ordinary working. The Customer Service Centre will also be open from 8.00 am to12.00 noon on Saturday 12 October 2013. Outside those hours, voting documents can bereturned to an after-hours box adjacent to the entrance to the Civic Administration Buildingabove the steps. No voting papers returned after 12.00 noon on the Saturday will becounted.Electors should exercise their vote “alone and secretly”. However, if through impaired sight,illiteracy or unfamiliarity with the English language, an elector is unable to vote withoutassistance, a voting document may be marked with the assistance of, or be marked by, a<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> elector in accordance with the instructions of the voter. Any electorso assisting must not communicate to any person how the elector voted.<strong>Candidates</strong> are advised against becoming involved in the elections, such as collecting votingdocuments from other persons. Any candidate who collects voting documents runs the riskof a complaint being made. This may result in a prosecution.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201349


15SPECIAL VOTINGSpecial Votes are available to electors:- Whose names do not appear on the Final Electoral Rolls, but who qualify aselectors, i.e. the elector has enrolled after the closing of the Electoral Roll.- Who did not receive a voting document previously posted to them.- Who spoil or damage a voting document previously posted to them.- Whose names are on the Unpublished Electoral Roll.- Special Votes will be available at the Customer Service Centre, Civic AdministrationBuilding, 32 The Square.Special voting facilities will operate on the following hours:- Monday to Friday – 8.00am to 5.00pm- Saturday 12 October – 8.00am to 12.00 noonSpecial Votes can be posted directly out to electors. Completed voting documents,however, must be returned to the Electoral Officer by noon on election day. Persons wishingto receive voting documents in this manner should telephone the <strong>Council</strong> and ask to speakto the Electoral Officer or an election official (telephone (06) 356 8199).Special Votes require the completion of a statutory declaration. This is a legal requirementand a protection for electors against possible duplicate voting.If an elector requests a Special Vote and is not on the Parliamentary Roll (for example,having just turned 18 years of age), the person must enrol by Friday 11 October 2013. Anapplication for registration as a Parliamentary elector may be obtained:- From the Customer Service Centre, Civic Administration Building- From any Post Shop- By telephoning 0800 ENROL NOW (0800 36 76 56)- Accessing the Electoral Enrolment Centre website on www.elections.org.nzSpecial Votes can be uplifted on behalf of an elector with their written authority but cannotbe collected by candidates or their assistants for distribution to electors.50 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


16EARLY PROCESSING OF VOTINGDOCUMENTSThe <strong>Council</strong> has resolved that returned voting documents may be processed during thevoting period. Accordingly, for the 2013 elections, the scrutiny of rolls and processing ofvoting documents, both before and after the close of the voting period, will be undertaken byElection Services from its processing centre in Auckland, commencing from Monday,23 September 2013.The early processing of voting documents involves the following functions:- opening of envelopes- extracting of voting papers- checking for informal or duplicate votes- electronic capture of valid votes (twice)No tallying of votes will be undertaken until after the close of voting at 12 noon on Saturday,12 October 2013.The early processing function will be undertaken with strict security measures. One or moreJustices of the Peace will observe all early processing functions, and will sign a statement atthe end of processing confirming (or otherwise) that all functions were undertaken correctlyand conformed with the strict legal requirements. A Justice of the Peace must be present atall times early processing is taking place.Candidate scrutineers are not permitted to observe the early processing functions, apartfrom the scrutiny of the rolls.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201351


17SCRUTINEERS<strong>Candidates</strong> may appoint scrutineers to oversee various functions of the election. Thesefunctions are:- The scrutiny of the rolls- The preliminary count (after the closing of voting)- The official countScrutineers however, may not oversee early processing of voting papers where this isundertaken. This means that, at 12.00 noon on Saturday 12 October, most votingdocuments will have been processed and, consequently, scrutineers will be able to view onlya very small part of the overall process. The role of scrutineers has for all intents andpurposes been largely replaced by the presence of a Justice of the Peace during the earlyprocessing period. During the early processing period, the use of dual passwords and timelocks on the computer software prevents access to results and all stages of the process areoverseen by a Justice of the Peace.Each candidate, nevertheless, may appoint one or more scrutineers for each of the abovefunctions, but only one scrutineer for each candidate may be present at any one time.The scrutiny of rolls, progressive and counting of votes will be carried out at the ElectionServices processing centre located at Level 10, 45 Queen Street, Auckland, and willcommence at 7.00 am daily from Friday, 20 September 2013 until completed (the startingtime may be varied). This processing centre is being used by a number of local authorities.Each scrutineer must be appointed by a candidate, such appointment to be in writingaddressed to the Electoral Officer. The letter of appointment must be received by theElectoral Officer no later than 12.00 noon on Friday 11 October 2013. This date is alegal requirement, and scrutineers cannot be appointed by candidates after that time.Letters of appointment can be either delivered or emailed to the Electoral Officer.A standard letter for the appointment of a scrutineer, together with further information, will besent to each candidate shortly after the close of nominations.Each appointed scrutineer must report initially to the Electoral Officer or other electoralofficial. Each scrutineer is required to complete a signed declaration pledging not to discloseany information coming to his or her knowledge, and will be issued with a nametag. Whendeparting the premises, scrutineers are to return their nametag to the Electoral Officer orother electoral official.A scrutineer cannot be a candidate, a member or employee of any local authority for anelection being conducted, or under 18 years of age.52 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


Each appointed scrutineer must report initially to the Electoral Officer or an electoral official.Each scrutineer is required to complete and sign a declaration pledging not to disclose anyinformation coming to his or her knowledge, and may be issued with a nametag. Thenametag will have both the scrutineer’s name and the candidate’s name clearly displayed.Any scrutineer may leave or re-enter the place where election functions are beingconducted.The role of scrutineers is to ensure that election procedures are undertaken correctly andthat the counting of votes is carried out fairly and reasonably. It is not a means to obtainprogress reports on how certain candidates are faring. Progress results during electionday will not be available to scrutineers until they are publicly released by the ElectoralOfficer.While scrutineers may observe the processing of voting documents and take notes if theywish, they should not distract, annoy, or linger close by or talk loudly to one another so as todisrupt or upset any Electoral Official. All communication must be through the ElectoralOfficer or the appropriate Electoral Official at all times.It is lawful for a scrutineer to communicate to any person information as to the names ofpersons who have voted. However, every person commits an offence (and is liable to afine) who:- Makes known for which candidate any voter has voted.- Before the close of voting on Saturday 12 October 2013, makes known the state of theelection or gives or pretends to give any information by which the state of the electionmay be known.Scrutineers are not entitled to discuss decisions made by the Electoral Officer or anyElectoral Official, and neither will the Electoral Officer or any Official enter into a debateregarding reasons for their decisions.No refreshments or meals will be provided to scrutineers. Scrutineers are reminded to maketheir own provision for refreshments. The use of radios, mobile telephones and otherelectronic equipment is not permitted in the processing centre.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201353


18SCRUTINY OF ROLLSThe scrutiny of rolls involves processing voting documents electronically to ensure that novoter has applied for and received more than one set of voting papers. This task isundertaken progressively. As the envelopes containing voting papers are returned, they are“marked off” on the relevant computing records.This operation will be carried out at the Election Services processing centre located at Level10, 45 Queen Street, Auckland. The scrutiny will be undertaken daily from Friday,20 September onwards, commencing at 7.00 am each day (the starting time may be varied).Scrutineers appointed by candidates (see page 53 of this handbook) are entitled to attendthe scrutiny of rolls from 23 September onwards. On each day, scrutineers should report tothe reception at Election Services premises in the first instance.Each candidate is required to advise the Electoral Officer in writing of any scrutineerappointed by him/her by 12.00noon on Friday 11 October 2013 at the latest. If anyscrutineer wishes to witness the scrutiny of rolls before that date, the required advicemust be given before the scrutineer wishes to assume their role.54 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


19PRELIMINARY COUNT AND RESULTSThe preliminary count of votes will commence once voting closes at 12.00 noon onSaturday, 12 October 2013. This will take place at the Election Services processing centre,Level 10, 45 Queen Street, Auckland.Scrutineers attending the preliminary count should report, in the first instance, to thereception at Election Services processing centre. When scrutineers report, their declarationswill be taken and procedures explained to them. Each candidate is required to advise theElectoral Officer in writing of any scrutineer appointed by him/her by 12.00 noon onFriday, 11 October 2013.Progress results will be announced in the <strong>Council</strong> Chamber of the Civic AdministrationBuilding late afternoon or evening, Saturday, 12 October 2013. The announcement timewill be advised closer to Election Day. The progress results are anticipated to account forapproximately 95% of the returned voting documents.After the announcement, progress results will be:- Relayed to the media- Posted on the main entrance doors to the Customer Service Centre, CivicAdministration Building- Placed on the <strong>Council</strong>’s website www.pncc.govt.nz<strong>Candidates</strong> not present at the above announcement will be contacted if possible, but notbefore the results are released as above. In this regard, candidates will be telephoned attheir residential address unless, prior to Election Day, the Electoral Officer is advised of apreference to be telephoned at another location or to be advised by email.The completed preliminary results will be announced later on Saturday, 12 October, or onSunday, 13 October 2013. For this announcement, the results will be emailed to addressesnominated by candidate if an email address has been provided. Alternatively candidates willbe telephoned if they prefer.Following this announcement, the preliminary results will be:- Relayed to the media- Posted on the main entrance doors to the Customer Service Centre, CivicAdministration Building- Placed on the <strong>Council</strong>’s website www.pncc.govt.nzAlthough the Electoral Officer and his staff will do their best to have progress and preliminaryresults available at the nominated time, absolutely no guarantee can be given as to whenprogress or preliminary results will be available.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201355


20OFFICIAL COUNT AND RESULTSThe official count will commence immediately following the completion of the preliminarycount. The principal venue will be the Election Services processing centre located at Level10, 45 Queen Street, Auckland. Further information on this process can be obtained fromthe Electoral Officer.Scrutineers wishing to view the official count should report in the first instance to reception atElection Services premises in Auckland. Each candidate is required to advise theElectoral Officer in writing of any scrutineer appointed by him/her by 12.00 noon onFriday, 11 October 2013.The official count involves counting votes which may not have been previously counted asecond time, and adding all allowed special votes.As part of the official count, special votes that cannot be allowed by the Electoral Officer willbe forwarded to the Registrar of Electors for the Parliamentary electorate concerned, toenable the Registrar to determine whether or not the voter is qualified to vote under thespecial voting provisions.It is anticipated that the official result will be given by public notice in the Manawatu Standardon Saturday, 19 October 2013.All candidates will be individually notified in writing immediately the official result of theelection is available. In accordance with the provisions of the legislation, a refund of thedeposit will be separately forwarded to:- The successful candidates.- Unsuccessful candidates who receive more than one quarter of the votes of thesuccessful candidate, or, if more than one, of the successful candidate with the fewestvotes.Any deposit that is refunded will be forwarded to the candidate concerned only after he/shehas completed their Return of Electoral Donations and Expenses Form and that form hasbeen received by the Electoral Officer.The deposit will be forfeited where a defeated candidate obtains less than 25% of the finalquota, as determined at the last iteration.56 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


21ELECTION OFFENCESThe Local Electoral Act 2001 has some provisions relating to offences at elections. Inparticular, candidates are asked to note the following legal requirements:Ensure all election advertising includes a proper authorisation statement. Such astatement will include your name (or your agent’s name) and the street address forthe appropriate place of residence or business. A website or postal address does notsuffice.Do not interfere or try to influence anyone who is about to vote. Do not offer tocollect, post or deliver to the <strong>Council</strong> completed voting papers from any other elector.Do not give, as part of your campaign, any gift or item of value to any other person.An item of value is anything you would expect to pay for and typically may be usefulto the recipient other than as election literature. Examples of such items in the lowervalue category might include pens, biros, message or note pads, rulers, fridgemagnets, key-chains and the like.Do not, as part of your campaign, provide anyone with anything they can eat or drink,or with any entertainment or other provision. However, light refreshments providedafter any meeting relating to an election does not amount to treating, but such lightrefreshments probably should not include alcoholic drinks.The electoral process in New Zealand is jealously guarded and electoral law is written insuch a way so as to reinforce this through prescribing high standards for electoral behaviour.The penalties for election offences differ. For unauthorised advertisements, the penalty is afine up to $1,000. Other offences could result in a larger fine or imprisonment and, in somecases, loss of office as an elected member.If the Electoral Officer receives any formal complaint about an offence, or become aware ofan offence, the matter will be referred the matter to the Police, as required by the LocalElectoral Act 2001. The Electoral Officer generally does not have discretion to refuse toreport offences.<strong>Information</strong> on advertising and election offences is set out in full below, or in other parts ofthis handbook for advertising, donations and expenses. The detailed law is a little complexin some instances, so the statements presented above are a simplification of the law andshould not be regarded as a substitute for reading the statutory provisions.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201357


<strong>Candidates</strong> are requested to read the following provisions carefully and to ensure that thereis no infringement of these provisions either prior to or during the election:SECTIONS 121-138AA OF THE LOCAL ELECTORAL ACT 2001121 Illegal nomination, etcEvery person commits an offence, and is liable on summary conviction to a fine not exceeding$2,000, who-(a) consents to being nominated as a candidate for an elective office knowing that he or sheis incapable under any Act of holding that office; or(b) signs a nomination paper purporting to nominate as a candidate a person who is, to theknowledge of the person signing, incapable under any Act of holding that office; or(c) signs a nomination paper purporting to nominate another person as a candidate knowingthat he or she is not qualified to vote at the election of the person named in thenomination paper as the candidate.122 Interfering with or influencing voters(1) Every person commits an offence, and is liable on summary conviction to a fine notexceeding $5,000, who-(a) interferes in any way with any person who is about to vote with the intention ofinfluencing or advising that person as to how he or she should vote;(b) prints, publishes, distributes, or delivers to any person (using any medium or meansof communication) a document, paper, notice, or message, being or purporting to bein imitation of any voting document to be used at the election or poll that,-(i)(ii)in the case of an election, includes the name of a candidate or candidates,together with any direction or indication as to the candidate or candidates forwhom any person should vote:in the case of a poll, includes a statement or indication as to how any personshould vote:(iii) in any way contains or suggests any such direction or indication or other matterlikely to influence how any person votes:(c) prints, publishes, or distributes any instruction on the method of marking the votingdocument that differs in any material way from the instructions required by this Actor any regulations made under this Act to accompany the voting document.(2) Despite subsection (1)(b), it is not an offence under that subsection to print, publish,distribute, or deliver a card or leaflet (not being an imitation voting document) on which isprinted-(a) the names of all or any of the candidates and the elective offices for which they arecandidates (with or without the name of the organisations or groups to which thosecandidates are affiliated, and including those who are independent); and(b) nothing else.(3) Nothing in this section applies to-(a) any official statement or announcement made or exhibited under the authority of thisAct or regulations made under this Act; or58 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


(b) any candidate profile statement, published, displayed or distributed under theauthority of this Act or regulations made under this Act.123 Offences in respect of official documents(1) Every person commits an offence who-(a) intentionally removes, obliterates, or alters any official mark or official writing on anyvoting document, or other official document used at an election or poll:(b) intentionally places any mark or writing that might be mistaken for an official mark orofficial writing on any voting document, or other official document used at anelection or poll:(c) forges, counterfeits, fraudulently marks, defaces, or fraudulently destroys any votingdocument, or other official document used at an election or poll, or the official markon that document:(d) supplies, without authority, a voting document to any person:(e) obtains or has possession of any voting document, other than one issued to thatperson under this Act or any regulations made under this Act for the purpose ofrecording his or her vote, without authority:(f)intentionally destroys, opens, or otherwise interferes with any ballot box or box orparcel of voting documents without authority.(2) Every person who commits an offence against subsection (1) is liable on conviction onindictment,-(a) in the case of an electoral officer or other electoral official, to imprisonment for aterm not exceeding 2 years:(b) in the case of any other person, to imprisonment for a term not exceeding 6 months.124 Voting offencesEvery person commits an offence, and is liable on conviction on indictment to imprisonmentfor a term not exceeding 2 years, who-(a) votes or applies to vote more than once at the same election or poll; or(b) without authority, removes, deletes, or otherwise interferes with any voting document, orother record of a vote that has been cast.125 Bribery(1) Every person commits the offence of bribery who, directly or indirectly, on that person'sown or by another person,-(a) gives, lends, agrees to give or lend, offers, promises, or promises to obtain anymoney or valuable consideration to or for any elector, or to or for any person onbehalf of any elector, or to or for any other person, in order to induce any elector tovote or refrain from voting; or(b) gives or obtains, agrees to give or obtain, offers, promises, or promises to obtain orto try to obtain any office or place of employment to or for any elector, or to or forany person on behalf of any elector, or to or for any other person, in order to inducethe elector to vote or refrain from voting; or(c) corruptly does any act referred to in paragraph (a) or paragraph (b) on account of anelector having voted or refrained from voting; or<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201359


(d) makes any gift, loan, offer, promise, or agreement referred to in paragraph (a) orparagraph (b) for, or with, any person in order to induce that person to obtain or tryto obtain the election of any person or the vote of any elector; or(e) upon or as a consequence of any gift, loan, offer, promise, or agreement referred toin paragraph (a) or paragraph (b) obtains, or tries to obtain, the election of anyperson or the vote of any elector; or(f)advances or pays, or causes to be paid, any money to or for the use of any otherperson, intending that that money or any part of it will be used for bribery at anyelection or poll; or(g) knowingly pays or causes to be paid any money to any person in discharge orrepayment of any money wholly or partly used for bribery at any election or poll.(2) An elector commits the offence of bribery if,-(a) before or during the voting period at the election or poll, he or she, directly orindirectly, on his or her own or by another person, receives, or agrees or contractsfor, any money, gift, loan, or valuable consideration, office, place, or employment forhimself or herself or for any other person for voting or agreeing to refrain fromvoting:(b) after the voting period at the election or poll, he or she directly or indirectly, on his orher own or by another person, receives any money or valuable consideration onaccount of any person having voted or refrained from voting or having induced anyother person to vote or refrain from voting.(3) Every person who commits bribery is liable on conviction on indictment to imprisonmentfor a term not exceeding 2 years.126 Treating(1) Every person commits the offence of treating who corruptly, before, during, or after anelection or poll, and directly or indirectly, on that person's own or by another person,gives or provides, or pays wholly or in part the expense of giving or providing, any food,drink, entertainment, or provision to or for any person-(a) for the purpose of influencing that person or any other person to vote or refrain fromvoting; or(b) for the purpose of obtaining his or her election; or(c) on account of that person or any other person having voted or refrained from voting,or being about to vote or refrain from voting.(2) Every holder of a licence under the Sale of Liquor Act 1989 commits the offence oftreating who knowingly supplies any food, drink, entertainment, or provision-(a) to any person, if the supply is demanded for 1 or more of the purposes specified insubsection (1); or(b) to any person, whether an elector or not, for the purpose of obtaining the election ofa candidate or affecting the result of a poll, and without receiving payment for it atthe time when it is supplied.(3) Every elector who corruptly accepts or takes any such food, drink, entertainment, orprovision also commits the offence of treating.(4) Despite subsections (1) to (3), the provision of light refreshments after any meetingrelating to an election or poll does not constitute the offence of treating.60 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


(5) Every person who commits the offence of treating is liable on conviction or indictment toimprisonment for a term not exceeding 2 years.127 Undue influence(1) Every person commits the offence of undue influence-(a) who, directly or indirectly, on that person's own or by another person, makes use ofor threatens to make use of any force, violence, or restraint against any person-(i)in order to induce or compel that person to vote or refrain from voting:(ii) on account of that person having voted or refrained from voting:(b) who, by abduction, duress, or any fraudulent device or means,-(i)impedes or prevents the free exercise of the vote of any elector:(ii) compels, induces, or prevails upon any elector either to vote or to refrain fromvoting.(2) Every person who commits the offence of undue influence is liable on conviction onindictment to imprisonment for a term not exceeding 2 years.128 Personation(1) Every person commits the offence of personation who, at any election or poll,-(a) votes in the name of some other person (whether living or dead), or of a fictitiousperson:(b) having voted, votes again at the same election or poll:(c) having returned a voting document, applies for or returns another voting documentwith the intention of returning an additional valid voting document or invalidating avote already cast at the same election or poll (whether or not any voting documenthe or she returns is valid).(2) Every person who commits the offence of personation is liable on conviction onindictment to imprisonment for a term not exceeding 2 years.129 Infringement of secrecy(1) Every electoral officer, deputy electoral officer, and other electoral official-(a) must maintain and assist in maintaining the secrecy of the voting; and(b) must not communicate to any person, except for a purpose authorised by law, anyinformation likely to compromise the secrecy of the voting.(2) No person, except as provided by this Act or regulations made under this Act, may-(a) interfere with or attempt to interfere with a voter when marking or recording his orher vote; or(b) attempt to obtain, in the building or other place where the voter has marked orrecorded his or her vote and immediately before or after that vote has been markedor recorded, any information as to any candidate for whom, or the proposal for oragainst which, the voter is about to vote or has voted; or(c) communicate at any time to any person any information obtained in the building orother place where the voter has marked or recorded his or her vote and immediatelybefore or after that vote has been marked or recorded, as to-(i)any candidate for whom, or the proposal for or against which, the voter is about tovote or has voted; or(ii) any number on a voting document marked or transmitted by the voter.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201361


(3) Every person present at the counting of votes must-(a) maintain and assist in maintaining the secrecy of the voting; and(b) must not, except as is provided by this Act or regulations made under this Act,communicate any information obtained at that counting as to any candidate forwhom, or proposal for or against which, any vote is cast by a particular voter.(4) No person may, directly or indirectly, induce any voter to display or provide access to hisor her voting document or any copy of that document after it has been marked ortransmitted, so as to make known to any person the name of any candidate for or againstwhom, or proposal for or against which, the voter has voted.(5) Every person commits an offence who contravenes or fails to comply with this section.(6) Every person who commits an offence against subsection (5) is liable on summaryconviction to imprisonment for a term not exceeding 6 months.130 Disclosing voting or state of election or poll(1) Every electoral officer, deputy electoral officer, other electoral official, Justice of thePeace, or scrutineer commits an offence who-(a) makes known for what candidate or candidates or for which proposal any particularvoter has voted for or against, except as provided by this Act or regulations madeunder this Act; or(b) before the close of voting, makes known the state of the election or poll or gives orpretends to give any information by which the state of the election or poll may beknown.(2) Subsection (1)(b) does not prevent an electoral officer from disclosing the total number ofvoting documents so far returned at an election or poll at any time during the votingperiod.(3) A person who commits an offence against subsection (1) is liable on summary convictionto a fine-(a) not exceeding $5,000 for an electoral officer or deputy electoral officer:(b) not exceeding $2,000 for any other person.131 Penalty for electoral officer, deputy electoral officer, and other electoral officialsEvery electoral officer, deputy electoral officer, or other electoral official commits an offence,and is liable on summary conviction to a fine not exceeding $2,000, who is guilty of anyintentional or reckless act of commission or omission contrary to the provisions of this Act orregulations made under this Act in respect of any election or poll, and for which no otherpenalty is imposed by this Act or regulations made under this Act.135 Unauthorised expenditure(1) Every person commits an offence who willfully contravenes section 113(1).(2) Every person who commits an offence against subsection (1) is liable on summaryconviction to a fine not exceeding $1,000.General Provisions137 Property may be stated as being in electoral officerIn any proceedings for an offence in relation to any voting documents or other officialdocuments, files, records, instruments, or devices used officially for an election or poll, the62 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


property in those documents, files, records, and instruments is to be treated as that of theelectoral officer at that election or poll.138 Duty to take action in respect of offences(1) Subsection (2) applies if an electoral officer—(a) receives a written complaint that an offence has been committed under—(i)Part 5; or(ii) this Part; or(b) believes for any other reason that an offence has been committed under either ofthe Parts specified in paragraph (a).(2) If this subsection applies, the electoral officer must—(a) report the complaint or belief to the Police; and(b) provide the Police with the details of any inquiries that he or she considers may berelevant.(3) Subsection (2) does not prevent any person from reporting an alleged offence to thePolice.(4) Despite subsection (2), an electoral officer is not required to report the failure by acandidate to file a return under section 112A if the candidate files the return promptlyafter being required to do so by the electoral officer.138AA Time limit for prosecutions(1) A prosecution under section 112C must be commenced within 6 months of the date onwhich the return was required to be filed.(2) A prosecution under section 103K or 112D must be commenced—(a) within 6 months of the date on which the prosecutor is satisfied that there issufficient evidence to warrant the commencement of the proceedings; but(b) not later than 3 years after the offence was committed.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201363


22THE COUNCILThe <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> consists of a Mayor and 15 <strong>Council</strong>lors. These positionsare subject to election every three years.Ultimate responsibility for all the <strong>City</strong> <strong>Council</strong>’s activities rests with the <strong>Council</strong>. The <strong>Council</strong>decides the range of services and activities to be provided, sets the policy for these servicesand activities, delegates the implementation of these to the staff and monitors theirperformance.While the <strong>Council</strong> has at times considerable freedom and opportunity to exercise its initiativein deciding its aims and policies, it must do this within the laws, regulations and requirementsset down by the central government.As well as providing services itself, the <strong>Council</strong> may collaborate or contract with outsideagencies for services to be provided. The <strong>Council</strong> also assists many other organisationsthrough membership, technical services, advice and financial grants.To fulfil these responsibilities, the Mayor and <strong>Council</strong>lors maintain a wide range of contacts,representing the <strong>City</strong> on many organisations.Decision-making for <strong>Council</strong> policy and general control of <strong>City</strong> operations occurs through aprogramme of formal meetings. The <strong>Council</strong>, its standing committees and some subcommitteesmeet regularly, and special purpose working parties and advisory groups meetas required.Jointly, elected members have the responsibility for making decisions to be implemented bythe staff. As a general rule, members will be concerned with matters of policy and principle,leaving the day-to-day administration of the <strong>Council</strong>’s affairs to staff. Staff are accountableto the <strong>Council</strong> for effective and efficient performance.64 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


23LEGISLATIONLocal authorities have only those powers and functions granted to them by Parliament. Forthe <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>, the primary statute is the Local Government Act 2002.The Local Government Act 2002 endeavours to simplify the law applying to local authorities.The previous statute, namely the Local Government Act 1974, had been revised manytimes, particularly since 1989 when there was a major reorganisation of Local Government inNew Zealand. Parts of the Local Government Act 1974 are still in force.The purpose of the Local Government Act 2002 is to provide for democratic and effectivelocal government that recognises the diversity of New Zealand communities. To that end,the Act:- States the purpose of local government.- Provides a framework and powers for local authorities to decide which activities theyundertake and the manner in which they will undertake them.- Promotes the accountability of local authorities to their communities.- Provides for local authorities to meet the current and future needs of their communitiesfor good-quality local infrastructure, local public services, and performance of regulatoryfunctions in a manner that is most cost-effective for households and businesses.The reorganisation of 1989, and further reforms since that time, have endeavoured to makelocal government more effective, efficient and accountable. At the same time, the number oflocal authorities has been substantially reduced. Before 1989, there were over 600 localauthorities. Following the reorganisation of Auckland local authorities, there are now:- 11 Regional <strong>Council</strong>s- 66 Territorial Authorities (12 <strong>City</strong> <strong>Council</strong>s and 54 District <strong>Council</strong>s)- One Auckland <strong>Council</strong>The relationship between central, regional and territorial councils is shown in the triangularmodel on the following page. In this model, regional councils and city/district councils bothhave a direct relationship with central government, principally because regional councils andcity/district councils undertake separate and different activities:<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201365


Central GovernmentRegional <strong>Council</strong>s<strong>City</strong>/District <strong>Council</strong>sApart from the Local Government Act 2002, there are many other general Acts of Parliamentthat confer powers, functions and responsibilities on the <strong>Council</strong>. Some of the moreimportant Acts include:Building Act 2004Burial and Cremation Act 1964Civil Defence Emergency Management Act 2002Dog Control Act 1996Fencing of Swimming Pools Act 1987Food Act 1981Gambling Act 2003Hazardous Substances and New Organisms Act 1996Health Act 1956Historic Places Act 1993Land Transport Act 1998Land Transport Management Act 2003Litter Act 1979Local Authorities (Members’ Interests) Act 1968Local Electoral Act 2001Local Government Official <strong>Information</strong> and Meetings Act 1987Local Government (Rating) Act 2002Privacy Act 1993Prostitution Reform Act 2003Rates Rebates Act 1973Residential Tenancies Act 1986Public Works Act 1981Rating Valuations Act 1998Reserves Act 1977Resource Management Act 1991Sale of Liquor Act 1989Sale and Supply of Alcohol Act 2012Transit New Zealand Act 198966 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


24ACTIVITIESThe <strong>Council</strong> undertakes 19 Activities. These have been put into 6 Groups of Activities.Activities are groups and services that the <strong>Council</strong> provides for the community: Leadership <strong>Council</strong>lor Leadership and Decision MakingDirection Setting Social CemeteriesCivil DefenceCommunity DevelopmentHousing Economic Works and <strong>City</strong> Promotion Leisure Arts and Culture<strong>City</strong> LibrariesParks and Recreation Environment RegulatoryRoading and ParkingRubbish and RecyclingStormwaterWastewaterWater Support Services Commercial or Strategic InvestmentsCorporate SupportCustomer ServicesFor a detailed description of each Activity refer to the <strong>Council</strong>’s Long Term Plan2012-2022.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201367


25POLITICAL STRUCTUREThe political structure of the <strong>Council</strong> at present comprises a number of committees, most ofwhich meet on a regular basis.The Standing Committees include:- Planning and Policy- Community Well-Being- Finance and Performance- Creative Communities NewZealand/Art & Culture Fund- Committee of <strong>Council</strong>- Audit and Risk- HearingsThere is one sub-committee:- The Gordon Kear Forest Management Sub-CommitteeThere is one joint committee:- Manawatu District/<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> Joint Strategic Planning CommitteeFor the 2010-2013 term of <strong>Council</strong>, meetings of the <strong>Council</strong> and its committees were held ona monthly cycle. Meetings of committees were generally held at 2.00 pm on a week-day andthe <strong>Council</strong> meeting held at 7.00pm, on the last Wednesday of the calendar month. Allmeetings are open to the public except where confidential matters are considered.All <strong>Council</strong>lors are members of the <strong>Council</strong> and, in the current political structure, of theCommittee of <strong>Council</strong>. In addition, all <strong>Council</strong>lors are members of one or more of the otherstanding committees.The political structure will be reviewed by the incoming <strong>Council</strong> following the October 2013elections. At that time, most existing committee arrangements will cease. The <strong>Council</strong> isfree to decide on its committee structure, membership, meeting dates and times can changethis as it wishes from time to time.68 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


26MANAGEMENT STRUCTUREThe <strong>City</strong> <strong>Council</strong> staff are headed by a Chief Executive who is directly responsible to theelected <strong>Council</strong> for:- Implementing the decisions of the <strong>Council</strong>.- Providing advice to the <strong>Council</strong>.- Ensuring that all responsibilities, duties and powers delegated to the Chief Executive orany person employed by him are properly performed or exercised.- Managing the activities of the <strong>Council</strong> effectively and efficiently.- Maintaining systems to enable effective planning and accurate reporting of the financialand service performance of the <strong>Council</strong>.- Providing leadership for the staff of the <strong>Council</strong>.- Employing staff (including negotiation of the terms of employment for the staff).To carry out its functions, the <strong>City</strong> <strong>Council</strong> staff are divided into the following units:- <strong>City</strong> Corporate- <strong>City</strong> Enterprises- <strong>City</strong> Future- <strong>City</strong> Networks- Customer Services- Libraries and Community ServicesThe Chief Executive is appointed by the <strong>Council</strong>. All other staffing responsibilities areconferred on the Chief Executive. The appointment of the Chief Executive is limited to amaximum of five years, although this contract can be renewed.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201369


27ACCOUNTABILITYUnder the Local Government Act 2002, the <strong>Council</strong> must ensure that:- The role of democratic governance to the community, and the expected conduct ofelected members, is clear and understood by elected members in the community.- The governance structures and processes are effective, open, and transparent.- As far as practicable, responsibility and processes for decision-making in relation toregulatory responsibilities is separated from responsibility and processes for decisionmakingfor non-regulatory responsibilities.- It is a good employer.- The relationship between elected members and management of the <strong>Council</strong> is effectiveand understood.The <strong>Council</strong> is required by the Local Government Act 2002 to engage in planning processeswhich include a Long-Term Plan, and an Annual Plan. These planning processes arebriefly described on the following pages. Members of the public have an opportunity forinput into these plans and other major policies and projects through consultation processes,including this special consultative procedure. Under this procedure, public notice is given of<strong>Council</strong> proposals, following which members of the public have between one and threemonths to make written submissions and, if they wish, appear before a <strong>Council</strong> Committee tobe heard in support of their submission.The <strong>Council</strong> is also required to prepare an Annual Report. This is a public report whichsets out how well the <strong>Council</strong> has carried out its intentions, as set out in the correspondingyear in the Long Term <strong>Council</strong> Community Plan and Annual Plan.Accountability of the <strong>Council</strong> is also maintained through:- Triennial local authority elections.- The Local Government Official <strong>Information</strong> and Meetings Act 1987 which promotes theopen conduct of local authority meetings and prescribes rights of access to information.- Scrutiny of <strong>Council</strong> decisions and activities by the Ombudsman, the Controller andAuditor-General, the Parliamentary Commissioner for the Environment, and the PrivacyCommissioner.- Scrutiny by the Minister of Local Government, who may appoint a Crown Observer,Manager, or Review Team, or a Commission to run the <strong>Council</strong>, depending on themagnitude of the perceived problem.- Scrutiny by the media, public interest organisations and the public generally.70 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


28PLANSKey Planning ProcessesThe Local Government Act 2002 sets out several key planning processes.Long-Term PlanThe Long-Term Plan (LTP) is the <strong>Council</strong>’s long term plan (10 Year Plan). It showswhat the <strong>Council</strong> will do to help contribute to the community’s desired social, economic,environmental and cultural outcomes. It identifies:- What services the <strong>Council</strong> will provide over ten years- Why it provides these services- What they will cost- How they will be funded- How success will be judgedThe <strong>Council</strong> has to prepare an LTP every three years. This includes a draft LTP forpublic consultation (in about March of the year in which it is adopted).The current LTP sets out the <strong>Council</strong>’s vision and goals. There are five goals – threefor the <strong>City</strong> and two for the organisation:Vision:<strong>Palmerston</strong> <strong>North</strong> is recognised as a vibrant, caring, creative and sustainablecity.<strong>City</strong> Goals:- <strong>Palmerston</strong> <strong>North</strong> is a city where people want to live because of its easy lifestyleand its many social, economic and leisure opportunities.- <strong>Palmerston</strong> <strong>North</strong> is a leading city in the quest to become environmentallysustainable.- <strong>Palmerston</strong> <strong>North</strong> is a city which attracts, fosters and retains businesses because ofthe creativity and innovation of its education, research and knowledge base.Organisational Goals:- <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> is financially responsible and residents are satisfiedthat they get value for money from their rates.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201371


- <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> understands the many views of the <strong>City</strong>’s people andthose people understand what the <strong>Council</strong> is doing and why.The LTP is based on the <strong>Council</strong>’s policies and plans. These show in more detail whatthe <strong>Council</strong> will do to make <strong>Palmerston</strong> <strong>North</strong> a more sustainable <strong>City</strong>. The frameworkfor <strong>Council</strong>’s strategies is in the diagram on the next page. Specific strategies are on the<strong>Council</strong>’s website achieve for Community Outcomes. They include the <strong>Council</strong>’s corepolicies (social, economic, leisure, and natural and built environmental) and the DistrictPlan.The <strong>Council</strong> prepared its first LTP (as required by the Local Government Act 2002) inJune 2004. The current LTP was adopted in 2012.The next LTP has to be adopted in June 2015.Annual PlanIn the in-between years (ie years two and three) the <strong>Council</strong> will produce an Annual Plan.This will focus on the budget implications of the LTP for that year.A draft Annual Plan will be produced for public comment, but the main planningdocument for community consultation on <strong>Council</strong>’s direction is the LTP.72 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201373


29RAISING MATTERS WITH THE COUNCILThere are five main ways for citizens to put matters of concern before the <strong>City</strong> <strong>Council</strong>:- Talk to a <strong>Council</strong>lor- Write to the <strong>Council</strong>- Talk to a <strong>Council</strong> Committee (Deputation)- Talk to a <strong>Council</strong> Committee (Public Comment)- Present a PetitionTalking to a <strong>Council</strong>lorInstead of approaching the <strong>Council</strong>, citizens can speak to a <strong>Council</strong>lor. Citizens maytelephone or email a <strong>Council</strong>lor, or may arrange to meet a <strong>Council</strong>lor in person. Contactdetails for individual <strong>Council</strong>lors may be obtained from the Customer Service Centre (06)356 8199 or from the <strong>Council</strong>’s website www.pncc.govt.nz.Writing to the <strong>Council</strong>A letter may be written to the Chief Executive outlining a concern. While the letter shouldbe as complete as possible, it should also be brief. The Chief Executive will pass theletter to the <strong>Council</strong> Committee responsible for the matter. Sometimes, it may bepossible for a staff member to deal with the letter. Otherwise, the Chief Executive willrefer the letter to the appropriate <strong>Council</strong> Committee. Usually, the writer of the letter willbe advised of the meeting and invited to attend. Normally, they would join in thediscussion only if the Chairperson agrees. The writer of the letter will be advised of theCommittee’s decision, which may take more than one meeting if additional information isneeded, or if involvement of the full <strong>Council</strong> is required.Talking to a <strong>Council</strong> Committee (Deputation)The principal way for concerned citizens to talk to a <strong>Council</strong> committee is by making adeputation. The first step is for a letter to be written to the Chief Executive or theappropriate Committee Administrator requesting that a deputation be heard, andoutlining the matter concerned. This letter should be received by the Chief Executive orCommittee Administrator at least 7 working days before the appropriate Committeemeeting. When making a deputation, one or two persons can speak in support of it, for 5minutes each. Again, it may take more than one meeting before any decision arisingfrom the deputation is made. If people are unsure which Committee to address, or needmore advice on the procedure, then contact the Governance and Support Team Leaderor a Committee Administrator.The 7 working days is needed because, assuming the Committee Chairperson agrees tohear the deputation (this should not be taken for granted), the members of the deputation74 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


will need time to be briefed on how deputations are received by <strong>Council</strong> committees, andhow their material should be organised.Talking to a <strong>Council</strong> Committee (Public Comment)Most Committees allow public comment at the start of their meetings. Public commentcan be made on items appearing on the order paper for the particular meetingconcerned, or if time permits, on any other matter. Persons making comments canaddress the meeting for up to 3 minutes although this time can be extended at thediscretion of the Chairperson. Each person may address a meeting once only,regardless of whether or not they wish to comment on more than one item or matter.If people wish to talk to a <strong>Council</strong> Committee, the most effective way, generally speaking,is to make a deputation. The Committee is more likely to fully debate a deputationbecause most of the deputation is included on the meeting agenda. Speaking times arealso more generous.Presenting a PetitionA petition to the <strong>Council</strong> is a written request from a group of people, all of whom sign it.Usually, the petition concerns a single item. No petition should exceed 500 words, andany petition with disrespectful content may be rejected.The petition may be received by the local authority or any of its committees provided thatthe petition has been lodged with the Chief Executive, at least 7 working days before thedate of the meeting concerned. The principal petitioner will be advised of the meetingand invited to hear the matter discussed. Normally, petitioners will not be able to join thediscussion of the petition unless the Chairperson agrees.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201375


30MAYOR<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> has a Mayor, who is elected by all electors in <strong>Palmerston</strong><strong>North</strong> <strong>City</strong>.The Mayor is the presiding member of the <strong>Council</strong> and is an ex-officio member of mostCommittees. He or she is also a Justice of the Peace for the time he or she holds office asMayor. Recent amendments to the Local Government Act 2002 have given the Mayorpower to appoint the Deputy Mayor, establish committees, and appoint their chairs and othermembers.There is no detailed job description for the position of Mayor nor are the Mayor’s duties setout fully in legislation and practice. By way of custom and practice, the following duties havegenerally evolved as the responsibility of the Mayor of <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong>:- Presiding at <strong>Council</strong> meetings.- Attending and participating at meetings of committees and working parties.- Reading agenda and other materials before meetings.- Leading the <strong>Council</strong> and co-ordinating <strong>Council</strong> political activity.- Speaking on behalf of the <strong>Council</strong> and responding to media enquiries.- Liaising between the elected <strong>Council</strong> and the Chief Executive and other staff.- Representing the <strong>Council</strong> on related organisations, where appointed.- Attending and participating at conferences and seminars.- Attending to complaints and enquiries from members of the public.- Being the First Citizen of the <strong>City</strong>.- Presiding at civic ceremonies.- Hosting visiting groups, including overseas delegations.- Attending and speaking at local functions, sometimes opening them.- Declaring a state of civil defence emergency in the <strong>City</strong> if the need arises.Before commencing his or her duties, the Mayor is required to make a declaration. (Seepage 82 of this handbook.)It is difficult to provide guidance on the time endeavour required in being Mayor. RecentMayors have undertaken this role in a full-time capacity and, when in <strong>Palmerston</strong> <strong>North</strong>, theyhave been in the office most working days except when attending meetings. The currentMayor undertakes the role in a full-time capacity and, when in <strong>Palmerston</strong> <strong>North</strong>, is in hisoffice most working days except when attending meetings. Nonetheless, there is no legalrequirement or expectation that a Mayor should carry out his or her duties in the samemanner as might be expected of a full-time or even a substantial part-time employee. Theone legal obligation is to attend at least some <strong>Council</strong> meetings. Should a Mayor miss fourconsecutive ordinary <strong>Council</strong> meetings in a row without leave of absence being granted thenhe or she is deemed automatically to be no longer in office.76 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


31COUNCILLORSAs for the Mayor, there is no detailed defined job description for <strong>Council</strong>lors.<strong>Council</strong>lors, nonetheless, have roles in addition to those of other <strong>Council</strong>lors.SeveralThe Deputy Mayor is expected to be appointed by the Mayor. The Deputy Mayor exercisesthe same roles as other elected members, and if the Mayor is absent or incapacitated, theDeputy Mayor must perform all of the responsibilities and duties, and may exercise thepowers of the Mayor. The Deputy Mayor may be removed from office by resolution of the<strong>Council</strong>.The appointment of Chairpersons to committees is likewise expected to be undertaken bythe Mayor. Committee Chairpersons are responsible for chairing meetings of theircommittees, and also for assisting in the preparation of agenda for their committee meetings.Otherwise, the duties of <strong>Council</strong>lors, as established by practice and custom, include:- Attending and participating at meetings of the <strong>Council</strong>, committees, and workingparties.- Reading agenda and other materials before meetings.- Attending internal workshops (which in recent times, have consisted of full dayworkshops held on a monthly basis).- Attending to enquiries from members of the public.- Attending and hosting civic functions.- Representing the <strong>Council</strong> on related organisations, where appointed.- Attending and participating community meetings.- Attending and participating at conferences and seminars.Before commencing their duties, <strong>Council</strong>lors are required to make a declaration. (See page82 of this handbook.)Once again, it is difficult to provide guidance on the time endeavour required in being a<strong>Council</strong>lor. The individual contribution of <strong>Council</strong>lors, in terms of their time, is personal andoften depends on their own particular circumstances. It is accepted, nonetheless, that theposition is clearly part-time and not intended to be a full-time or near full-time position asoften is the case of the Mayor. This is reflected in the different maximum salaries that canbe paid to the Mayor as opposed to <strong>Council</strong>lors and Chairpersons of <strong>Council</strong> committees.As for the Mayor, the one legal obligation is to attend at least some <strong>Council</strong> meetings.Should a <strong>Council</strong>lor miss four consecutive ordinary <strong>Council</strong> meetings in a row without leaveof absence being granted then he or she is deemed automatically to be no longer in office.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201377


32CODE OF CONDUCTSchedule 7 of the Local Government Act 2002 (the Act) requires each local authority toadopt a code of conduct. Once adopted, all elected members are required to comply withthe code.The code of conduct provides guidance on the standards of behaviour that are expectedfrom the Mayor and elected members of the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong>. The codeextends to all elected and appointed members of <strong>Council</strong> committees and sub-committees.The code applies to the Mayor and elected and appointed members in their dealings with:- Each other.- The Chief Executive.- All staff employed by the Chief Executive on behalf of the <strong>Council</strong>.- The media.- The general public.The objective of the code is to enhance:- The effectiveness of the <strong>Council</strong> as the autonomous local authority with statutoryresponsibilities for the good local governance of <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong>.- The credibility and accountability of the <strong>Council</strong> within its community.- Mutual trust, respect and tolerance between the elected and appointed members as agroup and between the elected and appointed members and management.The code of conduct seeks to achieve its objectives by recording:- An agreed statement of roles and responsibilities.- Agreed general principles of conduct.- Specific codes of conduct applying to particular circumstances or matters.Elected members are primarily accountable to the electors of the <strong>City</strong> through thedemocratic process. However both elected and appointed members must note that theAuditor-General may hold them to account for unlawful actions or expenditure or forbreaches of the Local Authorities (Members’ Interests) Act 1968.78 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


The code of conduct is based on the following general principles of good governance:- Public Interest: Members should serve only the interests of the <strong>City</strong> as a whole andnever improperly confer an advantage or disadvantage on any one person.- Honesty and Integrity: Members should act with honesty and integrity and not placethemselves in situations where those qualities may be questioned, nor behaveimproperly and on all occasions avoid the appearance of such behaviour.- Objectivity: Members should impartially make decisions on merit including makingappointments, awarding contracts, or recommending individuals for rewards orbenefits. Elected members should also note that, once elected, their primary duty isto the interests of the entire <strong>City</strong>.- Accountability: Members should be accountable to the public for their actions and themanner in which they carry out their responsibilities, and cooperate fully andhonestly with the scrutiny appropriate to their particular office.- Openness: Members should be as open as possible about their actions and those ofthe <strong>Council</strong>, and be prepared to justify their actions.- Personal Judgment: Members can and will take account of the view of others, butshould reach their own conclusions on the issues before them, and act inaccordance with those conclusions.- Respect for Others: Members should promote equality by not discriminating unlawfullyagainst any person and by treating people with respect, regardless of their race,age, religion, gender, sexual orientation, or disability. They should respect theimpartiality and integrity of the <strong>Council</strong> staff.- Duty to Uphold the Law: Members should uphold the law, and on all occasions, act inaccordance with the trust the public places in them.- Stewardship: Members must ensure that the <strong>Council</strong> uses resources prudently and forlawful purposes, and that the <strong>Council</strong> maintains sufficient resources to meet itsstatutory obligations.- Leadership: Members should promote and support these proposals by example, andalways endeavour to act in the best interests of the community.All alleged breaches of the Code will be investigated, initially by the Mayor and ChiefExecutive and then, where there is a complaint to answer, by an ad-hoc Code of Conducthearing committee. Breaches may result in prosecution, censure or removal fromCommittee or special position.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201379


33REMUNERATION AND EXPENSESThe remuneration paid to the Mayor and <strong>Council</strong>lors for <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> isdetermined by the Remuneration Authority. The salaries set out in the table below will applyfrom the date the election results are declared:OfficeMayor<strong>Council</strong>lorAnnual Salary$124,550 per annumFrom $38,400 per annumThe Deputy Mayor and Committee Chairs are likely to be paid an additional sum torecognise their responsibilities. These additional payments will be made from the date theappointments are made. The <strong>Council</strong> has proposed to the Remuneration Authority that theDeputy Mayor receive an additional annual payment of $11,250, and Committee Chairsadditional annual payments of up to $5,760, depending on the committee and frequency ofits meetings.Apart from Resource Consent Hearings, no meeting fees are payable. Fees paid tomembers of the Hearings Committee, when hearing a resource consent application, are setat $100 per hour of hearing time for the Chairperson and $80 per hour of hearing time forother members. Payment can also be made for preparation time. The <strong>Council</strong> hasproposed to the Remuneration Authority that additional payments be made to those<strong>Council</strong>lors who participate in hearings associated with the on-going review of the DistrictPlan.The Mayor and <strong>Council</strong>lors are entitled to be reimbursed for any travel and conference costsincurred for <strong>Council</strong> purposes, although this currently does not include a mileage allowancefor travelling to <strong>Council</strong> and Committee meetings from home.The Mayor is provided with a vehicle to enable him or her to carry out official duties. He orshe may also use it for personal purposes, but in this case there would be an adjustment tothe Mayoral salary. The Mayoral salary shown above does not include such an adjustment.Salaries and allowances are paid at intervals of every two weeks, and are subject to tax.80 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


34CONFLICTS OFINTERESTProspective candidates should be aware of the requirements of the Local Authorities(Members’ Interests) Act 1968.Under Section 3 of the Act, elected members may not be concerned or interested incontracts made by the <strong>Council</strong> when payments made for the contracts entered into during aparticular year exceed $25,000 including GST. That amount may only be exceeded if the<strong>Council</strong> has either obtained the prior approval of the Audit Office or, in specialcircumstances, obtained retrospective approval. When payments exceed $25,000 or anyother approved amount, the elected member concerned is automatically disqualified fromoffice. He or she also commits an offence if he or she continues to act as a member.Under Section 6 of the Act, elected members may not discuss or vote on any matter in whichthey have a pecuniary interest when it is being considered by the <strong>Council</strong> or a committee.Elected members failing to observe this prohibition commit an offence and can beprosecuted. Conviction leads to disqualification from office.A member of the <strong>Council</strong> is deemed to be concerned or interested in any contract betweenthe <strong>Council</strong> and an incorporated company where the extent of the association the member orhis or her spouse has with the company is above a prescribed threshold. That is, themember or spouse, singly or together, own 10% or more of the issue capital of the company,or the member or spouse own any issued capital of the company and either of them is themanaging director or general manager of the company.When a matter is raised at a meeting of the <strong>Council</strong> or a committee in which a member has apecuniary interest, the member prohibited from voting or discussing the matter must declarethe pecuniary interest. The fact of that disclosure and abstention from discussion and votingon it is also recorded in the minutes. While it is not necessary to withdraw from the meeting,it is good practice to do so.Elected members should also be aware of possible non-pecuniary conflicts of interest whichmay arise from time to time. Examples include predetermination or a closed mind towards amatter before the <strong>Council</strong>, or outside relationships which may have implications for <strong>Council</strong>decision-making.Possible conflicts of interest are outlined in the <strong>Council</strong>’s Code of Conduct. The code alsorequires elected members to make a general declaration of interest annually, and as soon aspracticable after becoming aware of any new interests. These declarations are available forpublic inspection at any time.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201381


35INAUGURAL MEETINGThe successful candidates will take office on the day after the Electoral Officer gives hisofficial notification of the result of the election. However, no person is permitted to act as amember of the <strong>Council</strong> before making a declaration. This declaration will be made at theInaugural Meeting.The Inaugural Meeting is proposed to be held at 7.00 pm on Wednesday 30 October 2013.The business to be conducted at that meeting will include:The making and attesting of declarations required of the Mayor and <strong>Council</strong>lors.Traditionally, this has been a ceremonial occasion.A general explanation of the Local Government Official <strong>Information</strong> and Meetings Act1987 and other laws affecting elected members.The fixing of the date and time of the first ordinary meeting of the <strong>Council</strong>, or theadoption of the schedule of ordinary meetings.The election or announcement about the appointment of the Deputy Mayor.The declaration required to be made by the Mayor and <strong>Council</strong>lors is as follows:Declaration by Mayor and <strong>Council</strong>lorsI, AB, declare that I will faithfully and impartially, and according to the best of myskill and judgment, execute and perform, in the best interests of <strong>Palmerston</strong> <strong>North</strong><strong>City</strong>, the powers, authorities, and duties vested in, or imposed upon, me as Mayor(or as a member) of the <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> by virtue of the LocalGovernment Act 2002, the Local Government Official <strong>Information</strong> and MeetingsAct 1987, or any other Act.82 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


36PRE-ELECTION PROGRAMMEDuring the period prior to the close of nominations, the <strong>Council</strong> is undertaking some activitiesto provide prospective candidates with information about both the electoral process and the<strong>Council</strong> itself. Details of these activities are set out on the next page.Before the elections in October 2013, prospective candidates may find it useful to familiarisethemselves with the work undertaken by the <strong>Council</strong> or its committees. They are welcome toattend meetings of the <strong>Council</strong> or committees and, on request, can obtain copies of agendasfrom the Customer Service Centre. Agendas are also displayed at:- Civic Administration Building, The Square (Customer Service Centre)- <strong>City</strong> Library, The Square (New Zealand and Pacific Room, and Administration Desk,Mezzanine Floor)- Libraries at Ashhurst, Roslyn, Highbury (Te Pātikitiki), Awapuni and Linton- Ashhurst Service Delivery CentreProspective candidates may also wish to consult information about the <strong>Council</strong> that appearson its website www.pncc.govt.nz, and may also wish to peruse the following documentswhich are available at the Customer Service Centre:- Long-Term Plan 2012-2022 (10-Year Plan).- Local Governance Statement.- Code of Conduct.If prospective candidates have any enquiries about the electoral system or how the <strong>Council</strong>operates, they are welcome to contact the Electoral Officer, John Annabell or the DeputyElectoral Officer, Priscilla Jeffrey of <strong>City</strong> Corporate telephone (06) 356 8199. See page 4 forfull contact details.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201383


PRE-ELECTION SEMINARSTime Date Venue/Start Point Activity Description1.00pm(1 hour)7.00pm(2 hours)7.00pm(2 hours)Thursday4 July 2013Wednesday17 July 2013Tuesday6 August2013<strong>Council</strong> ChamberFirst Floor,Civic AdministrationBuilding32 The Square,<strong>Palmerston</strong> <strong>North</strong><strong>Council</strong> ChamberFirst Floor,Civic AdministrationBuilding32 The Square,<strong>Palmerston</strong> <strong>North</strong><strong>Council</strong> ChamberFirst Floor,Civic AdministrationBuilding32 The Square,<strong>Palmerston</strong> <strong>North</strong>SeminarSeminarSeminarOutline of the electoralprocess and anintroduction to the<strong>Council</strong>Outline of the electoralprocess and anintroduction to the<strong>Council</strong>Outline of the electoralprocess and anintroduction to the<strong>Council</strong>84 <strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 2013


37POST-ELECTION PROGRAMMETo assist elected members in learning about their role and responsibilities, a full postelectionprogramme will be carried out commencing shortly after the announcement ofelection results.The proposed programme is set out on page 87.Final responsibility for deciding the content of the post-election programme rests with thenew <strong>Council</strong>. Immediately following the elections, the proposed programme will be referredto the incoming Mayor for his or her consideration. It is anticipated that the programme willbe finalised fairly quickly as the programme is scheduled to begin shortly after the election.Members elected to the <strong>Council</strong> are expected to know or learn about:- The <strong>Council</strong>’s administrative system as it applies to them. This includes meetingprocedures, and services and facilities for <strong>Council</strong>lors.- The organisation of, and services provided by, the <strong>Council</strong>.- The roles of elected members and officers respectively.- How to handle complaints and enquiries from constituents.- A working knowledge of the relevant statutory law.During their term as a member of the <strong>Council</strong>, elected members may have the opportunity toattend conferences, seminars and other educational opportunities.<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201385


PROPOSED POST-ELECTION PROGRAMME2013 LOCAL AUTHORITY ELECTIONSDate Time Activity Venue DescriptionWednesday16 October5.00pm -5:45pm5:45pm –6:30pmMihi,Introductions,SocialisingIntroductorySessionLinkspan<strong>Council</strong>ChamberWelcome and Introductionsfor Elected Members,Management TeamDistribution of <strong>Information</strong>Conflict of InterestPresentationThursday 17OctoberFriday 18OctoberThursday 17OctoberFriday 18OctoberThurs 9:30-5pm anddinnerFri 8:30-12:30amThurs 12noon-5pm anddinnerFri 8:30-12:30amTrainingLocalGovernmentNZ(LGNZ)Training(LGNZ)WellingtonWellingtonTraining for New MayorsTraining for Re-electedMayorsFriday 25October9:00am -5:00pmWorkshopMissoulaRoomPolitical structure/AspirationsMonday 28 October Labour DayWednesday30 October 7pmInauguralMeeting<strong>Council</strong>ChamberDeclarations of ElectedMembers Election of DeputyMayor, SocialisingMonday 11November7pm<strong>Council</strong>Meeting<strong>Council</strong>ChamberLGOIMA explanationReports on CommitteeStructure, Meeting Dates,RemunerationWednesday13 andThursday 14NovemberWed 12noon -5pm, Thurs8.30am -2pmTraining(LGNZ)ConventionCentreNewly Elected MembersCourseWednesday 4December10am-4pmTraining(LGNZ)MissoulaRoomDistrict Licensing CommitteeTuesday 24DecemberFrom mid-day<strong>Council</strong> closed for theChristmas Break. Re-opens6 January 2013<strong>Palmerston</strong> <strong>North</strong> <strong>City</strong> <strong>Council</strong> Elections 201386

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