Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750712637.pdf (New Zealand)
2020/164 Education (School Trustee Elections) Amendment Regulations 2020 Patsy Reddy, Governor-General Order in Council At Wellington this 27th day of July 2020 Present: The Right Hon Jacinda Ardern presiding in Council These regulations are made under section 118 of the Education Act 1989 on the advice and with the consent of the Executive Council.
Contents Transitional, savings, and related provisions Title Commencement Principal regulations New regulation 3A inserted (Transitional, savings, and related provisions) 3A Regulation 9 amended (Call for nominations) Regulation 14 amended (Voting papers) Regulation 15 replaced (Validity of voting papers) 15 Regulation 16 amended (Declaration of result) New Schedule 1AA inserted Schedule 1 replaced Schedule 2 replaced Validity of voting papers Schedule 1 New Schedule 1AA inserted Page 2 2 2 2 2 2 2 3 3 3 3 3 3 4 1 r 1 Education (School Trustee Elections) Amendment Regulations 2020 2020/164 Schedule 2 Schedule 1 replaced Schedule 3 Schedule 2 replaced Regulations 5 6 1 2 3 4 Title These regulations are the Education (School Trustee Elections) Amendment Regulations 2020.
Commencement These regulations come into force on 1 September 2020.

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

New regulation 3A inserted (Transitional, savings, and related provisions) After regulation 3, insert: 3A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Regulation 9 amended (Call for nominations) Replace regulation 9(1)(a) and (b) with: (a) (b) issuing a notice to each person named on the roll; and notifying the school community and any other affected parties in the wider local community in a manner that best meets the needs of the school community and the wider local community.

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

In regulation 9(3), replace “posting” with “issuing”.
In regulation 9(4)(f), replace “posted or delivered” with “issued”.

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

Replace regulation 14(3)(b) with: (b) an envelope in which the voting papers may be returned.
5 (1) (2) (3) (4) 6 (1) (2) 2 2020/164 Education (School Trustee Elections) Amendment Regulations 2020 r 11 7 Regulation 15 replaced (Validity of voting papers) Replace regulation 15 with: 15 Validity of voting papers A vote is invalid if— (a) (b) (c) (d) 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 does not, in the returning officer’s opinion, clearly indi- cate 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.
8 (1) Regulation 16 amended (Declaration of result) In regulation 16(5)(b), replace “publishing a notice in 1 or more newspapers circulating in the area of the school” with “notifying the school community and any other affected parties in the wider local community in a manner that best meets the needs of the school community and the wider local community”.

(2) In regulation 16(5)(c), replace “sending” with “issuing”.
9 New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 1 of these regulations as the first schedule to appear after the last regulation of the principal regulations.

10 Schedule 1 replaced Replace Schedule 1 with the Schedule 1 set out in Schedule 2 of these regula- tions.

11 Schedule 2 replaced Replace Schedule 2 with the Schedule 2 set out in Schedule 3 of these regula- tions.
3 Schedule 1 Education (School Trustee Elections) Amendment Regulations 2020 2020/164 Schedule 1 New Schedule 1AA inserted Schedule 1AA Transitional, savings, and related provisions r 9 r 3A Part 1 Provisions relating to Education (School Trustee Elections) Amendment Regulations 2020 1 Interpretation In clause 2, amendment regulations means the Education (School Trustee Elections) Amendment Regulations 2020.
Application of amendment regulations The principal regulations, as in force immediately before the commencement of the amendment regulations, continue to apply in relation to any process required by the principal regulations that was commenced but not completed before the date on which the amendment regulations come into force.
Schedules 1 and 2, as in force immediately before the commencement of the amendment regulations, continue to apply to elections of student representa- tives to boards that are commenced after the date on which the amendment regulations come into force and before the close of 31 December 2020.
2 (1) (2) 4 2020/164 Education (School Trustee Elections) Amendment Regulations 2020 Schedule 2 Schedule 2 Schedule 1 replaced Schedule 1 Short election timetable r 10 r 4(1) Process Date and time frame Appoint Returning Officer At least 63 days before election day Close roll Call for nominations At noon, 56 days before election day At least 54 days before election day Close supplementary roll At noon, 35 days before election day Close of nominations Issue voting papers Close poll Accept postal votes Count votes Declare results At noon, 33 days before election day After close of nominations and at least 28 days before election day 4 pm on election day Up to 5 days after election day On sixth day after election day As soon as result is known 5 Schedule 3 Education (School Trustee Elections) Amendment Regulations 2020 2020/164 Schedule 3 Schedule 2 replaced Schedule 2 Long election timetable r 11 r 4(2) Process Date and time frame Appoint Returning Officer At least 83 days before election day Close roll Call for nominations Close of nominations Issue voting papers Close poll Accept postal votes Count votes Declare results At noon, 76 days before election day At least 71 days before election day At noon, 50 days before election day After close of nominations and at least 30 days before election day 4 pm on election day Up to 5 days after election day On sixth day after election day As soon as result is known Michael Webster, Clerk of the Executive Council.
Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 September 2020, amend the Education (School Trustee Elections) Regulations 2000 (the principal regulations) to modern- ise the processes for electing representatives to school boards and to extend the time frames relating to elections.
The main changes these regulations make are— to replace the requirements in regulations 9 and 14 for a returning officer to post or personally deliver nominations and voting papers with the requirement for the returning officer to issue nominations and voting papers: to replace the requirement in regulation 14(3)(b) that, to be valid, voting papers must be returned in the envelope included with the voting paper with a require- ment for the returning officer, when issuing voting papers, to include an enve- lope in which a voting paper may be returned: to replace the requirement in regulation 16(5) for returning officers to publish election-related notices in a local newspaper with a requirement to notify the • • • 6 2020/164 Education (School Trustee Elections) Amendment Regulations 2020 Explanatory note school community and any other affected parties in the wider local community in a manner that best meets the needs of the community: • to replace Schedules 1 and 2, which set out the short election timetable and the long election timetable, with new Schedules 1 and 2 that extend the time frames relating to the election process.
Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 July 2020.

These regulations are administered by the Ministry of Education.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2020 7