Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750312037.pdf (New Zealand)
Reprint as at 1 August 2020 Education (Board Elections) Regulations 2000 (SR 2000/195) Regulation name: replaced, on 1 August 2020, by Schedule 1 clause 5(1) of the Education and Train- ing Act 2020 (2020 No 38).
Michael Hardie Boys, Governor-General Order in Council At Wellington this 2nd day of October 2000 Present: The Right Hon Helen Clark presiding in Council Pursuant to section 118 of the Education Act 1989, His Excellency the Governor- General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Interpretation Election timetables Schools use either short election timetable or long election timetable Page 2 2 2 3 1 2 3 4 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Education.
1 r 1 Education (Board Elections) Regulations 2000 Reprinted as at 1 August 2020 Returning officers Returning officers Rolls and nominations Roll Supplementary roll People not to participate in 2 elections Call for nominations Acceptance of nomination Statements by nominees Withdrawal of nomination Election Election not necessary in certain circumstances Voting papers Validity of voting papers Declaration of result Custody of voting papers Miscellaneous Secretary to approve nomination papers and voting papers Scrutineers Maintaining secrecy of election Revocation Schedule 1 Short election timetable Schedule 2 Long election timetable Regulations 3 4 4 4 5 6 6 7 7 7 8 8 9 9 9 10 10 10 10 1 Title These regulations are the Education (Board Elections) Regulations 2000.
Regulation 1: replaced, on 1 August 2020, by Schedule 1 clause 5(1) of the Education and Training Act 2020 (2020 No 38).

2 Commencement These regulations come into force on 30 October 2000.
Interpretation In these regulations, unless the context otherwise requires,— Act means the Education and Training Act 2020 election day means the day on which the poll for the election closes 3 (1) 2 Reprinted as at 1 August 2020 Education (Board Elections) Regulations 2000 r 5 nomination papers means the appropriate form of nomination papers as approved by the Secretary under regulation 18 returning officer, in relation to an election, means the returning officer appointed under regulation 5 to be the returning officer for that election voting papers means the appropriate form of voting papers as approved by the Secretary under regulation 18.
In these regulations, a reference to an election for a parent representative includes a reference to an election for 1 or more parent representatives.

In these regulations, unless the context otherwise requires, terms defined in the Act and used, but not defined, in these regulations have the same meaning as in the Act.

Regulation 3(1) Act: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Regulation 3(3): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Election timetables Schools use either short election timetable or long election timetable Every school must use the timetable for trustee elections set out in Schedule 1 (the short election timetable), unless the school is a school to which subclause (2) applies.
The following schools must use the timetable for trustee elections set out in Schedule 2 (the long election timetable): (a) (b) a distance school: a school whose Board has applied to the Secretary for permission to use the long election timetable and received permission to do so from the Secretary.

(2) (3) 4 (1) (2) (3) A school (other than a distance school) that uses the long election timetable may change to using the short election timetable if, on application, the Secre- tary gives permission.
Regulation 4(2)(a): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 4(3): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Returning officers 5 (1) Returning officers The Board of every school must appoint a returning officer for each board elec- tion held to elect any of the following: (a) (b) a parent representative: a staff representative: 3 r 6 (2) (3) Education (Board Elections) Regulations 2000 Reprinted as at 1 August 2020 (c) a student representative.
If a Board fails to appoint a returning officer for an election within the time required under the relevant election timetable, the Secretary must appoint a returning officer for that election.

If a returning officer becomes unable to carry out the duties of a returning offi- cer, the Board or the Secretary (depending on who appointed the original returning officer) must appoint a replacement returning officer.
(4) Every returning officer must conduct the election— (a) (b) (c) in accordance with these regulations; and in accordance with the relevant election timetable; and otherwise as he or she thinks fit.

Regulation 5(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Rolls and nominations 6 (1) (2) Roll The returning officer must prepare a roll for the election.

The roll must contain the name and address of every person entitled to vote in the election.
(3) At any time before election day, the name (but not the address) of every person on the roll or supplementary roll must be available for inspection at any reason- able time at the school.

7 (1) Supplementary roll This regulation applies only to schools that use the short election timetable.
(2) After the close of the roll (in this regulation, the main roll), the returning offi- cer must prepare a supplementary roll that contains the names and addresses of every person— (a) who becomes eligible to vote in the election after the close of the main roll; or (b) whose name was wrongly omitted from the main roll.

(3) Once the supplementary roll has closed, it forms part of the main roll for the election.
The returning officer must ensure that any notices relating to the election that were given to electors on the main roll before the close of the supplementary roll are also given to electors on the supplementary roll.
People not to participate in 2 elections This regulation applies to a person who is eligible to stand or vote in both an election for a staff representative and an election for a parent representative, (4) 8 (1) 4 Reprinted as at 1 August 2020 Education (Board Elections) Regulations 2000 r 9 but who (by virtue of clause 3(7) of Schedule 23 of the Act) is not entitled to stand or vote in both elections.
(2) A person to whom this regulation applies must be enrolled only on the staff representative roll unless, before the close of that roll, the person advises the returning officer in writing that he or she wishes to be enrolled on the parent representative roll instead.
(3) If the returning officer receives advice from a person under subclause (2), the returning officer must ensure that— (a) (b) the person’s name does not appear on the staff representative roll; and the person’s name appears on the parent representative roll.
(4) The name of a person that is entered on the parent representative roll under subclause (3) must remain on that roll until either— (a) (b) 3 years have elapsed, and the person gives notice in writing that he or she wishes to be enrolled on the staff representative roll instead of the parent representative roll; or the person ceases to be eligible to be enrolled on the parent representa- tive roll.
The returning officer must take reasonable steps, before the close of the staff representative roll, to notify all persons to whom this regulation applies of the effect of this regulation.

Regulation 8(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Call for nominations The returning officer for all schools except distance schools must call for nom- inations for the election of a parent representative by— (a) posting or personally delivering a notice to each person named on the roll; and (b) publishing a notice in a newspaper circulating in the area of the school.
(5) 9 (1) (2) The returning officer for all schools except distance schools must call for nom- inations for the election of a staff representative or a student representative— (a) (b) by posting or personally delivering a notice to each person named on the roll; or if the returning officer is satisfied that displaying notices will adequately inform electors about the call for nominations, by displaying notices in prominent places around the school.
(3) The returning officer for a distance school must call for nominations for the election of any board member by posting a notice to each person on the rele- vant roll.
(4) Every notice under this regulation must— 5 r 10 Education (Board Elections) Regulations 2000 Reprinted as at 1 August 2020 (a) (b) (c) (d) (e) (f) (g) invite nominations for election; and state how many board members are to be elected, and for what term (if applicable); and give the closing date and time for nominations; and state that the roll is open for inspection, and say where it may be inspec- ted; and give the date of the election, and the time on which the poll closes; and in the case of a notice that is posted or delivered, include a nomination paper; and in the case of a notice that is published or displayed, say where nomin- ation papers may be obtained.
Regulation 9(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 9(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 9(3): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 9(4)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
10 (1) Acceptance of nomination Every nomination must give the name of the nominator and the nominee, and must be signed by both the nominator and the nominee.

(2) A nomination for a parent representative is not valid unless the name of the nominator is on the roll; but the name of the nominee need not be on the roll.

(3) A nomination for a staff representative is not valid unless the name of both the nominator and the nominee are on the roll.
(4) A nomination for a student representative is not valid unless the name of both the nominator and the nominee are on the roll.

(5) At any time before election day, the names (but not the addresses) of every can- didate for election (being a person whose nomination has been accepted and not withdrawn) must be available for inspection at any reasonable time at the school.
11 Statements by nominees (1) A nominee may, before the close of nominations, give the returning officer a brief statement, signed by the nominee, about his or her experience, qualifica- tions, abilities, previous involvement with the school, interests, and reasons for standing for election.
(2) For the purpose of including a copy of any such statement in the voting papers issued to electors, the returning officer may omit or abridge any part of the 6 Reprinted as at 1 August 2020 Education (Board Elections) Regulations 2000 r 14 statement if the returning officer considers, on reasonable grounds, that the part is likely to be defamatory or offensive, or is too long.
12 Withdrawal of nomination (1) A person who has been nominated may, by written notice to the returning offi- cer, withdraw from the election.

(2) 13 (1) (2) (3) 14 (1) (2) The returning officer must take reasonable steps to ensure that voters are noti- fied of the withdrawal of any candidate that occurs after voting papers are issued.
Election Election not necessary in certain circumstances If the number of valid nominations received by the close of nominations does not exceed the number of board members to be elected, the returning officer must immediately declare the nominee or nominees duly elected, and no elec- tion may be held.
If at any time between the close of nominations and election day a candidate withdraws and, as a result of that withdrawal, the number of nominations does not exceed the number of board members to be elected, the returning officer must immediately declare the remaining nominee or nominees duly elected, and no election may be held.

If no election is to be held because subclause (1) or subclause (2) applies, the returning officer must take all reasonable steps to ensure that voters are notified of that fact.
Regulation 13(1): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 13(2): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Voting papers If an election is to be held, the returning officer must issue voting papers by posting or personally delivering them to every person whose name appears on the roll for the election.
In the case of an election for a staff or a student representative, if the returning officer is satisfied that electors can collect their own voting papers, the return- ing officer may, as well as or instead of issuing voting papers in accordance with subclause (1),— (a) (b) display notices in prominent places around the school advising where and when voting papers may be collected; and issue voting papers to any elector who seeks to collect his or her voting papers from the place, and at a time, specified in the notice.
(3) When voting papers are issued, the following must be included with them: 7 r 15 Education (Board Elections) Regulations 2000 Reprinted as at 1 August 2020 (a) copies of any statements provided by nominees under regulation 11, other than statements by nominees who have withdrawn: (b) the envelope in which the voting papers must be returned.
15 Validity of voting papers (1) A voting paper received after noon on election day is invalid, unless the voting paper was posted and the date stamp on the envelope shows that it was posted before noon on election day.
(2) A vote is also invalid if— (a) (b) (c) (d) (e) the voter votes more than once in the election; or the voter votes for more candidates than there are board members to be elected; or the voting paper was not contained in the envelope included with the voting papers; or the voting paper does not, in the opinion of the returning officer, clearly indicate the candidate or candidates for whom the voter intended to vote; or the returning officer believes on reasonable grounds that the voting paper was not issued to the voter by the returning officer.
Regulation 15(2)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

16 Declaration of result (1) After counting the number of valid votes cast for each candidate, the returning officer must, subject to subclause (2), declare the result of the election.

(2) (3) (4) If 2 or more candidates receive the same number of valid votes, the returning officer must decide which of them is elected by conducting a lot.
The lot must be conducted in the presence of the candidates’ scrutineers (if any) and— (a) (b) 2 members of the Board; or if 2 members of the Board are not available within a reasonable time, 2 members of staff of the Board.

The returning officer must declare the result of an election by giving written notice to the Board and to the Secretary of the names of the candidates elected, the number of valid votes cast for each candidate, and the number of invalid votes cast.
(5) After declaring the result, the returning officer must give notice of the names of the candidates elected, the number of valid votes cast for each candidate, and the number of invalid votes cast, by— (a) prominently displaying notices at the school; and 8 Reprinted as at 1 August 2020 Education (Board Elections) Regulations 2000 r 19 (b) (c) in the case of a school that uses the short election timetable, publishing a notice in 1 or more newspapers circulating in the area of the school; and in the case of a school that uses the long election timetable, sending a notice to all electors on the roll.
17 Custody of voting papers (1) Until the result of an election is declared, the returning officer must keep all voting papers received by the returning officer in his or her custody.
(2) As soon as practicable after declaring the results of an election, the returning officer must seal up the voting papers and give them, along with a copy of the roll for the election, to the Registrar of the nearest District Court, who, subject to any order to the contrary made by a court of competent jurisdiction,— (a) must not open the papers; and (b) must destroy the voting papers and the copy of the roll at the end of 6 months.
Miscellaneous 18 (1) Secretary to approve nomination papers and voting papers The Secretary may approve different forms of nomination papers and voting papers for use in different schools or types of school, and in different circum- stances.
(2) When the Secretary approves a form of nomination paper or voting paper, he or she must publish a notice in the Gazette— (a) (b) setting out the approved form of nomination or voting paper; and specifying the schools or types of school that must use that form, or the circumstances in which that form must be used, or both.

(3) All or part of any approved form of nomination or voting paper may be written in te reo Maori or any other language.
19 Scrutineers (1) Any candidate for election may, by written notice to the returning officer received before election day, appoint a scrutineer.

(2) The role of a scrutineer is— (a) (b) (c) to be present and observe the opening of envelopes containing voting papers; and to examine the envelopes and voting papers; and to observe the counting of the votes.
9 r 20 Education (Board Elections) Regulations 2000 Reprinted as at 1 August 2020 20 Maintaining secrecy of election No returning officer, scrutineer, or other person involved in the conduct of an election may, directly or indirectly, give any person information likely to defeat the secrecy of the election, and in particular may not— (a) give or pretend to give information by which the final result may be made known before its declaration; or (b) make known who has voted for whom.
21 Revocation The Education (Trustee Elections) Regulations 1992 (SR 1992/78) are revoked.
Schedule 1 Short election timetable r 4(1) Process Date and time frame Appoint Returning Officer At least 37 days before election day Close roll At noon, 30 days before election day Call for nominations At least 28 days before election day Close supplementary roll At noon, 16 days before election day Close of nominations Issue voting papers Close poll Accept postal votes Count votes Declare results At noon, 14 days before election day After close of nominations and at least 9 days before election day Noon on election day Up to 5 days after election day (if postmarked before noon on election day) On sixth day after election day As soon as result is known Schedule 2 Long election timetable r 4(2) Process Date and time frame Appoint Returning Officer At least 72 days before election day Close roll Call for nominations Close of nominations At noon, 65 days before election day At least 60 days before election day At noon, 50 days before election day 10 Reprinted as at 1 August 2020 Process Issue voting papers Close poll Accept postal votes Education (Board Elections) Regulations 2000 Schedule 2 Date and time frame After close of nominations and at least 30 days before election day Noon on election day Up to 5 days after election day (if postmarked before noon on election day) Count votes On sixth day after election day Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 5 October 2000.

Marie Shroff, Clerk of the Executive Council.

11 Notes Education (Board Elections) Regulations 2000 Reprinted as at 1 August 2020 Reprints notes 1 General This is a reprint of the Education (Board Elections) Regulations 2000 that incorporates all the amendments to that regulations as at the date of the last amendment to them.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint Education and Training Act 2020 (2020 No 38): section 668, Schedule 1 clause 5(1) Wellington, New Zealand: Published under the authority of the New Zealand Government—2020 12