CANDIDATE HANDBOOK - Wel Energy Trust
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CANDIDATE HANDBOOK
Prepared by electionz.com for the WEL Energy Trust 2020 Election of Trustees Disclaimer: Every effort has been made to ensure that the information contained in this handbook is accurate and consistent with the Deed of Trust and the Local Electoral Act 2001. The Electoral Officer and WEL Energy Trust takes no responsibility for any errors or omissions. It is recommended that candidates familiarise themselves with the Deed of Trust and the Local Electoral Act 2001.
CONTENTS 3
INTRODUCTION 4
WEL ENERGY TRUST 4
DUTIES OF TRUSTEES AND REMUNERATION 5
MAP OF WEL ENERGY TRUST AREA 7
ELECTION FAQS 8
CANDIDATE ELIGIBILITY 11
NOMINATIONS 12
CANDIDATE PROFILE STATEMENTS AND CAMPAIGNING 13
COUNCIL POLICIES ON ELECTION HOARDINGS 14
ELECTORAL ROLLS 14
SPECIAL VOTING 15
2020 TRIENNIAL ELECTION OF TRUSTEES
SCRUTINEERS 15
ELECTION RESULTS 16
ELECTION OFFENCES 17
Wel Energy Trust
CONTACT DETAILS
For election related enquiries: For Trust related enquiries:
Warwick Lampp, Electoral Officer Raewyn Jones, Chief Executive WEL Energy Trust
electionz.com Ltd Perry House, 360 Tristram St, Hamilton
3/3 Pukaki Rd, PO Box 1336, Hamilton 3240
Christchurch Airport Phone: 07 838 0093
Phone: 0800 666 031 www.welenergytrust.co.nz
iro@electionz.com4 INTRODUCTION
This handbook outlines information which may be of interest to you as a candidate in the 2020 WEL
Energy Trust election of Trustees.
Every three years the seven Trustees of the WEL Energy Trust are required to stand down and nominations
for Trustees are called. If more nominations are received than positions available, an election will be held
to fill these vacancies by postal and online voting. This is scheduled to conclude at 12 noon, Friday 26th
June 2020.
The conduct of the election is regulated by the WEL Energy Trust Deed of Trust. Where electoral
procedures are silent in the Deed, the procedures contained in the Local Electoral Act 2001 are followed.
A copy of the Deed of Trust is included in the nomination pack.
2020 KEY DATES
Nominations open Thursday 16th April 2020
Nominations close 12 noon, Thursday 14th May 2020
Delivery of voting papers Thursday 4th June 2020
Voting closes 12 noon, Friday 26th June 2020
Preliminary result announced Approx 4pm Friday 26th June 2020
Final result released Tuesday 30th June 2020
For further information please phone the Electoral Officer, Warwick Lampp or Deputy Electoral
2020 TRIENNIAL ELECTION OF TRUSTEES
Officer, Anthony Morton at electionz.com toll free on 0800 666 031.
WEL ENERGY TRUST
BACKGROUND Income beneficiaries are the Company, customers,
the community and energy related projects, at the
The WEL Energy Trust is a special purpose body Trust’s discretion.
consisting of seven (7) elected Trustees. The Trust
was originally formed in 1993 and distributes Capital beneficiaries are the Hamilton City Council
surplus income at its discretion to energy related (63%), Waikato District Council (35%) and the
Wel Energy Trust
projects and regional or community projects or Waipa District Council (2%).
grants. WEL Networks Ltd is a company wholly owned
by the Trust, and has over 87,000 consumers
TRUST DISTRICT connected to its network.
The WEL Energy Trust district comprises all of the Candidates should familiarise themselves with the
Hamilton City Council area, most of the Waikato Trust and its activities and are advised to visit the
District Council area and part of the Waipa District Trust website: www.welenergytrust.co.nz
Council area (see map in this handbook). The Trust has adopted a Diversity Policy, and
Within the Trust district are approximately candidates should familiarise themselves with that
134,000 electors. document. A copy is available from the Trust’s
website or the elections resource page (see next
RESPONSIBILITIES OF THE TRUST paragraph for link details).
Candidates should also familiarise themselves
The Trust has responsibilities to: manage its with the provisions of the Trust Deed, the
investment in WEL Networks Ltd (the Company); Trustees Act 1956 and the 2020 Pre-election
ensure WEL Networks Ltd operates as a successful Report. Copies of these documents can be
business; have regard to customer interests in viewed from the election resource page:
industry matters; distribute surplus income at its www.electionz.com/wel2020resource
discretion and to be accountable to the community.DUTIES OF TRUSTEES AND REMUNERATION 5
DUTIES OF TRUSTEES vii) To appoint an auditor of the Trust at each
annual general meeting or as required.
1. WEL Energy Trust (‘Trust’) is established by a trust
deed dated 26th May 1993 which has from time viii) To ensure that the financial statements are
to time been varied. audited every year and at such other times
as the Trustees require.
2. WEL Networks Limited (‘Company’) is a company
wholly owned by the Trust. ix) Immediately upon completion of the audit
3. Trustees must become familiar with the terms of of the financial statements, to give public
the Trust Deed. notification that the statements are available
for public inspection at the office of the
4. Trustees must become familiar with the Company’s Trust.
Strategic Direction, Targets and Measures and
information relating to its current performance, x) To adopt and follow a meeting procedure that
financial and otherwise. complies with the Guiding Principles to the
5. The primary purpose of the Trust is for the Trustees extent of Accountability and Transparency.
to hold the shares in the Company for the benefit xi) To hold an annual general meeting within
of the persons and objects described in the Trust four months after the end of each financial
Deed and for the Trustees to exercise their rights
year of the Trust, and at that meeting to
as shareholders in the Company to ensure that the
report on the operation of the Trust during
Company operates as a successful business.
the financial year under review and on the
6. The Trustees must act as a diligent shareholder financial statements of the Trust for that
and monitor the performance of the directors of same year.
the Company with reference to the Company’s
Strategic Direction, Targets and Measures. xii) To prepare an annual “intentions” plan
for the public concerning the Trust’s plans
7. The Trust Deed imposes the following specific
for the financial year to which it relates,
2020 TRIENNIAL ELECTION OF TRUSTEES
duties on Trustees:
and in general for the following financial
i) To enhance their ability to administer the year including the Trustees’ intentions in
Trust by taking timely and competent advice. respect of distributions from the Trust for
ii) To assume the rights and responsibilities of the financial year to which the annual
the Trust under “intentions” plan relates. To issue an annual
“intentions” plan in draft form and to invite
a) those contractual arrangements (if any) and consider public submissions on the draft
in existence as at the 1993 vesting date before issuing the annual “intentions” plan
of the Trust and which may still be in in final form.
existence; and
xiii)To prepare an annual performance report
b) the present contractual arrangements of to the public assessing the Trust’s own
the Trust performance and stating the results of the
iii) To comply with the Guiding Principles in Trustees’ review of the Trust’s involvement Wel Energy Trust
relation to the Trust and to encourage and in the Company and whether or not there
facilitate the Directors of the Company to have been any changes to the Trust Deed.
act in accordance with the Guiding Principles xiv) Review and comment on the Company’s
as defined in the Trust Deed. compliance with the Company’s then
iv) To appoint as Directors of the Company current Strategic Direction, Targets and
persons who, in the opinion of the Trustees, Measures and to consider and comment on
are qualified to ensure that the Company any altered Strategic Direction, Targets and
operates as a successful business. Measures intent delivered to the Trustees
by the Company and within the time limits
v) To ensure that full and correct accounts of referred to in the Trust Deed.
all the financial transactions of the Trust and
its assets and liabilities are kept. xv) To maintain appropriate indemnity covers
to the extent that insurance against loss or
vi) Within three months after the end of each damage is available.
financial year, to have financial statements
prepared including a statement of financial
position, and a statement of financial
performance showing a true and fair view
of the financial affairs of the Trust for that
financial year in accordance with accepted
accounting standards.6
xvi) To provide a pre-election report to the public TRUST MEETINGS
not earlier than nine months and not later
than three months prior to every election The last Trust meeting to be held before the
and to review the purposes of the Trust and election will be held on 24th June 2020.
report the results of that review publicly, as The first meeting for the new Trust will be
if it were an annual performance report. scheduled once the new Trustees are known.
As part of such review to consider whether
the rules and policies of the Trust provide Further information on Trust meetings, roles of
adequate protection for customers, and Trustees, governance issues, meeting agendas etc
whether the Trust should continue in its should be referred to the Chief Executive, Raewyn
existing form or be amended or whether the Jones on (07) 838 0093.
Trust should be wound up. As a general rule, Trust meetings are held during
xvii) To comply with the standards of conduct the afternoon on the fourth Wednesday of
under the Trust Deed. Specifically the the month. Additional meetings are held if the
requirements of Trusteeship protocol workload requires it, or if there are particular issues
dealing with confidentiality and conflicts that need addressing.
of interest. The Trust Deed sets out the As an indication of the amount of time involved
requirements imposed upon Trustees relating – In 2019, 11 ordinary meetings, one special
to confidentiality and conflict of interest and meeting, one extraordinary meeting and the
the potential for removal from office in the AGM were held, as well as two workshops and a
event of non-compliance. number of non-compulsory engagements. Some
of the ordinary meetings include briefings from
GENERAL DUTIES WEL Networks, investment and other updates.
In addition, the Trust’s Finance, Audit and Risk
In the administration of the Trust, the Trustees have Sub-Committee and newly-formed Investment
the following general duties: Committee, comprising three and two Trustees
1. To act in the best interests of the beneficiaries of respectively, meet regularly throughout the year
the Trust. to develop and monitor these specific areas. The
2020 TRIENNIAL ELECTION OF TRUSTEES
2. To act in an even handed manner between Grants Committee meets after each of the five
beneficiaries and between groups of beneficiaries. annual Quick Response rounds, and this includes
one Trustee at each meeting (on rotation).
3. Not to use knowledge, or influence, gained as a
result of the Trusteeship, to derive a personal gain Before each meeting agenda papers and
or profit. supporting documents are circulated to Trustees.
4. To act personally and not to delegate the office
to others except where expressly permitted by the TRUSTEE REMUNERATION
Trust document.
As per Trust policy, a pre-election review of Trustee
5. To act honestly and with that level of skill and remuneration has been conducted. The maximum
prudence which would be expected of the remuneration levels for Trustees from 1 July 2020
reasonable business person in the administration
will be:
of his or her own affairs.
Wel Energy Trust
6. To develop, maintain and review an appropriate Chairperson $46,395
investment strategy, and in doing so, to exercise Deputy Chairperson $38,662
the care, diligence, and skill that a prudent person
of business would exercise in managing the affairs Trustees $30,930
of others.
All expenses incurred in the Hamilton City area by
7. To furnish beneficiaries with such information as Trustees for the term are deemed for the purposes
they may from time to time be entitled to request of the Trust as fully remunerated from within the
about the operation and assets of the Trust.
salary assigned to Trustees.
8. To ensure that all tax returns are prepared and
filed as necessary. Expenses claimed for outside the Hamilton City
area are reimbursed on an actual and reasonable
9. To exercise reasonable care in all matters basis subject to pre-approval by the Chairperson.
affecting the Trust, its assets or the interest of the
beneficiaries in the Trust property. All salaries are taxable. Trustees are considered to
be self-employed for tax and ACC purposes.MAP OF WEL ENERGY TRUST AREA 7
2020 TRIENNIAL ELECTION OF TRUSTEES
Wel Energy Trust
The Trust’s area is located within the blue line.8 ELECTION FAQs
Frequently asked questions about the WEL Energy Trust election.
What is the WEL Energy Trust and what How often does the Trust meet?
does it do?
The Trust meets once a month throughout the
The WEL Energy Trust was established in 1993 to year. Meetings generally last between 3-4 hours
administer the community’s one-third shareholding each month, with the public welcome to attend
in WEL Energy Group. from 2.30 pm for the Open Section. Trustees are
expected to attend all monthly meetings.
Since then, the Trust has become the 100% owner
of WEL Networks Ltd (formerly WEL Energy Group). Special meetings or workshops can be held to deal
WEL Networks Ltd in turn owns and maintains the with matters that require action outside the normal
power lines and equipment that deliver electricity meeting schedule, or require more time than is
to over 87,000 homes, farms and businesses in available at normal meetings. Additionally, the Trust
Hamilton, most of the Waikato District and a small operate a number of sub-committees. Trustees are
part of the Waipa District. expected to attend any sub-committee meetings
they are appointed to.
The Trust operates under the terms of its Trust
Deed, which sets out exactly what powers the What additional time commitments are
Trustees have and what they must do. expected?
Trustees: (1) are responsible for ensuring the As with all governance organisations, Trustees can
Trust’s 100% owned company WEL Networks expect to spend 2-3 hours prior to each meeting
Ltd, operates as a successful company, (2) have reading the agenda, background papers, and other
regard to customer interests in electricity industry material circulated.
2020 TRIENNIAL ELECTION OF TRUSTEES
matters and (3) distribute surplus income to the
beneficiaries of the Trust. Trustees also receive many invitations from
organisations that have received a grant and are
The Trust appoints the directors of WEL Networks expected to attend these when they can.
Ltd and monitors the Company’s performance to
ensure it is meeting the successful company test. How many Trustees are there?
From its investment in WEL Networks Ltd, the There are seven Trustees, all elected on a three
Trust receives dividends and interest. It is from this yearly cycle. Incumbent Trustees are eligible to re-
income that the Trust at its discretion provides stand and there is no restriction on the number of
funding for energy efficiency initiatives and funding terms any Trustee may serve.
for community groups in the Trust’s area.
How do the Chairperson and Deputy
Each year the Trust must prepare a Draft Annual Chairperson get elected?
“Intentions” Plan that is advertised for public
Wel Energy Trust
submissions, prior to final consideration and sign The election of Chairperson and Deputy Chairperson
off of an approved Annual “Intentions” Plan. The is done on a majority vote of Trustees at the first
Trust must also prepare and publish an Annual meeting after the election and annually thereafter.
Performance Report. Do Trustees get paid?
Who are the beneficiaries? A review of Trustee remuneration has been
There are two classes of beneficiaries – capital and conducted. From 1 July 2020 the Chairperson
income. will receive $46,395, the Deputy Chairperson will
receive $38,662 and the Trustees will each receive
The capital (or residual) beneficiaries are the $30,930. The percentages of the median are as
Hamilton City Council (63%), Waikato District per Trust policy and can be reviewed once the new
Council (35%) and Waipa District Council (2%). Trust is in place.
They will receive the assets of the Trust when it
winds up in 2073 if not before then. There are no meeting allowances. All expenses
incurred in the Hamilton City area by Trustees
Income beneficiaries are variously the customers, for the term are deemed for the purposes of the
the community, the three Councils and WEL Trust as fully remunerated from within the salary
Networks Ltd, at the Trust’s discretion. assigned to Trustees.
Expenses claimed for outside the Hamilton City
area are reimbursed on an actual and reasonable
basis subject to pre-approval by the Chairperson.Who is eligible to stand for a Trustee of Is the Trust carrying out any general 9
the WEL Energy Trust? election publicity?
Any person who is a customer of WEL Networks Yes. As well as the notices required as part of
Ltd (i.e. name singularly or jointly appears on an the statutory election process, the Trust will be
electricity account) and who is a resident within issuing media releases alerting people to the call
the Trust’s district, aged 18 or older and is on the for nominations, the closing of nominations, the
Parliamentary electoral roll, subject to the Eligibility issuing of voting papers and the closing of the poll.
criteria outlined in Section 6 (Page 12) or the Trust
Deed Rule 2.2 Will the Trust be publishing a Candidate
Directory?
Who is a customer?
The Trust will be preparing a Candidate Profile
Customer means a person determined by the booklet for which every candidate must contribute
Trustees to be connected to the electricity lines a statement of up to 150 words and a photograph
network of WEL Networks Ltd within the Trust’s taken within the last 12 months.
district.
The 150 word statement will be subject to review
If your name is not on the power account, either by the Electoral Officer who will not accept any
singularly or jointly, even though you may pay part statement that is derogatory, defamatory or
of the bill, you are not eligible to be a Trustee. contains untrue statements.
Who is an elector? Photographs must be of a suitable quality for
publication and can be supplied either hard copy
An elector is a person who is on, or is eligible to or jpeg file, to the Electoral Officer on email at
be on, the Parliamentary electoral roll and is living nominations@electionz.com.
within the area previously serviced by the Hamilton
City Council’s Municipal Electricity Department or The Candidate Profile booklet will be included in
the Central Waikato Electric Power Board. This later the mailer to voters with the voting papers.
became the Waikato Electricity network area, and
What must I send in with my nomination
is the district of the Trust.
paper?
2020 TRIENNIAL ELECTION OF TRUSTEES
Who is eligible to nominate someone for Nominations will only be accepted as being
the WEL Energy Trust? complete if the nomination form is accompanied
Any person who lives in the Trust’s district who is by the 150 word statement, the photograph, and
also on the Parliamentary electoral roll. There is no a copy of the candidate’s latest electricity account
requirement for the nominator or seconder to also indicating that the candidate is a customer.
be a customer of WEL Networks Ltd. You can submit the statement and photo by email,
but your nomination will not be processed further
Who is conducting the election?
until all other documents have been received by
The Electoral Officer in charge of the election is the Electoral Officer.
Warwick Lampp. Warwick is from electionz.com, of
Christchurch. Warwick has considerable experience Can I erect election signs?
in elections management in New Zealand and has Yes, subject to the relevant bylaws of the Hamilton
been the Trust’s Electoral Officer for most elections Wel Energy Trust
City Council, Waikato District Council and Waipa
since 2002. District Council, copies of which are included with
the Candidate Information Pack.
Is there a nomination deposit to stand for
the Trust? Each has different rules, and compliance with those
rules will be monitored by each of the Councils.
No, there is no deposit required.
It is up to candidates to ensure they comply with
Can I stand as part of a ticket or group? the different Council bylaws.
Yes. Candidates have a choice as to how they are From an electoral point of view, the only
shown on the voting paper. They can either show requirement is that the signs must all be removed
no affiliation, declare themselves as independent, immediately after the election closes at 12 noon on
or state that they are part of a group or ticket. Friday 26th June 2020.
Is there any restriction on how much
money I can spend on my election
campaign?
No, there is no limit on the amount you can spend.10 What happens if I change my mind and What do I need to know about Internet
decide to withdraw my nomination? Voting?
A candidate can withdraw from the election at any The Trust has used internet voting for its elections
time up until the voting papers are issued. since 2005. Internet voting gives electors another
convenient and “easy to use” way of voting.
However, if a candidate withdraws after 29th May,
Internet voting helps to increase participation, and
it will be impossible to remove their name from the
makes the counting easier and faster by having all
voting papers and candidate booklet.
the internet votes already recorded by the close of
Any votes received for a candidate who has voting.
withdrawn, but who is still on the voting paper, will
Each elector will be provided with a unique
be deemed invalid.
PIN and password for use on the voting site
When will the votes be counted? which will be linked off the Trust’s website,
www.welenergytrust.co.nz
Actual vote processing will be carried out
progressively over the voting period, with all votes Instructions for how to vote by the internet will be
to be tallied after noon on polling day, with a provided on the voting paper, and on the website.
provisional result likely to be announced after 4 pm Candidate profiles will also be displayed on the
on election day. voting site.
Can I appoint a scrutineer for the official
count?
Yes, scrutineers can be appointed to observe the
scrutiny of the roll process and the counting of
votes after 12 noon on election day. As progressive
processing of the voting papers is being carried out
by electionz.com in Christchurch, scrutineers will
need to be in Christchurch on 26th June.
2020 TRIENNIAL ELECTION OF TRUSTEES
Is it possible to challenge the outcome of
the election?
Yes, a recount of votes can be applied for after
the final result is declared, by a candidate who
believes that the vote count is incorrect. A District
Court judge must decide whether a recount is to
be carried out under Court supervision. Costs may
be awarded against an applicant if the Judge so
decides.
A candidate or 5 or more electors have the right to
petition the Court for an enquiry into the conduct
of an election if they believe they have grounds to
do so.
Wel Energy Trust
Who can I talk to if I have any questions
about the election or the Trust?
For questions about the actual election processes,
call the Electoral Officer, Warwick Lampp toll free
on 0800 666 031.
For questions about the Trust’s operations, the Trust
Deed, or general inquiries about the WEL Energy
Trust, call the Chief Executive, Raewyn Jones on
(07) 838 0093.CANDIDATE ELIGIBILITY 11
A candidate for a TRUSTEE of WEL Energy Trust must be:
A customer of WEL Networks Ltd who is resident within the Trust district, aged 18 or older and
is on the Parliamentary electoral roll.
Restrictions on candidates for a Trustee of (i) Substantial Shareholder or Officer or Employee:
WEL Energy Trust: A person who holds or has a relevant interest
in more than 5% of the voting equity securities
In accordance with clause 2.2 of the Trust Deed, issued by the COMPANY or any other energy
the following persons are not eligible for election company, or who is an office holder, or is
or appointment as a TRUSTEE and may not hold employed by, a shareholder who holds such
office as a TRUSTEE: an interest. For the purpose of this paragraph
“relevant interest” has the meaning given to it by
(a) Bankrupt: A bankrupt who has not obtained a
section 235 of the Financial Markets Act 2013.
final order of discharge, has been suspended for
a term not yet expired, or is subject to a condition Note – As the Hamilton City Council and Waikato
not yet fulfilled or to any order under section 111 District Council currently hold a substantial
of the Insolvency Act 1967. interest in shares, their elected members and staff
(including the Mayors) are ineligible for election as
(b) Conviction: A person who has been convicted of
Trustees of the WEL Energy Trust.
any offence punishable by a term of imprisonment
of 2 or more years unless that person has obtained (j) Not a Resident and Customer: A person who is
a pardon or has served the sentence or otherwise not both a RESIDENT within the DISTRICT and a
suffered the sentence imposed upon that person. CUSTOMER.
(c) Imprisonment: A person who has been sentenced
to imprisonment for any offence unless that
2020 TRIENNIAL ELECTION OF TRUSTEES
person has obtained a pardon or has served the
sentence.
(d) Prohibition Order: A person to whom an order
made under sections 382, 383, or 385 of the
Companies Act 1993 applies.
(e) Mentally Disordered: A person who is mentally
disordered within the meaning of the Mental
Health (Compulsory Assessment and Treatment)
Act 1992.
(f) Property Order: A person who is subject to a
property order made under section 30 or section
31 of the Protection of Personal and Property
Rights Act 1988. Wel Energy Trust
(g) Parliamentary Elector: A person who is not a
parliamentary elector for the purposes of the
Electoral Act 1993.
(h) Director or Employee of Company or any other
Electricity Distribution or Supply Company: A
person who currently holds office as a Director
of, or is employed by, the COMPANY or any other
electricity distribution or supply company.12 NOMINATIONS
NOMINATIONS - KEY DATES CANDIDATE AFFILIATIONS
• Nominations open on Thursday 16th April 2020. • The nomination form provides for a party
• Nominations close at 12 noon, Thursday 14th May accreditation or other designation.
2020. • Individual candidates not part of a political party
• Public notices calling for nominations will appear may wish to nominate their designation as
in the Waikato Times, Hamilton This Week, North “Independent” or leave as blank (if left blank,
Waikato News and Raglan Chronicle during April nothing will show alongside the name on the
and May. voting paper).
• A candidate requiring a specific party accreditation
CANDIDATE BRIEFING must have authority to adopt the accreditation
from the party concerned (i.e. use of party
This year a candidate briefing is not being letterhead or letter of consent are acceptable).
held. Any queries regarding the Trust and the This is a safety measure to avoid any illegal
election process should be made to the Electoral adoption of party affiliations.
Officer, Warwick Lampp, in the first instance on • No party accreditation or other designation that is
0800 666 031 or iro@electionz.com. offensive in nature or likely to confuse or mislead
electors will be accepted.
COMPLETION OF NOMINATION FORM
LODGEMENT OF NOMINATION FORMS
• Each nomination must be made on the official
nomination form, enclosed with this information • Nomination forms should be scanned and emailed
pack. Further copies of the nomination form can to nominations@electionz.com.
be obtained from the Trust office (07) 838 0093 or If a candidate is unable to email through their
from the Electoral Officer on 0800 666 031. nomination forms they should ring the election
helpline on 0800 666 031 to check on other
• Each nomination must be accompanied by a
delivery options.
2020 TRIENNIAL ELECTION OF TRUSTEES
candidate profile and photo (see the next section
for further details). • Once lodged, nomination forms are checked to
ensure the candidate is eligible (name appears on
• Each nomination must be accompanied by a copy
a power a/c for an electricity connection within
of a recent power account in the name (singularly
the WEL network area and the Parliamentary
or joint) of the candidate.
electoral roll) and the nominators are two electors
• Each nomination form must have the consent of whose names appear on the electoral roll.
the candidate and be nominated by two electors
• The lodgement of nomination forms should not
whose names appear on the electoral roll for the
be left to the last minute. Should a nomination
Trust area. A candidate cannot nominate himself/
form be lodged late on the morning nominations
herself. Nominators and seconders do not have to
close, and be incorrectly completed or ineligible
be consumers.
nominators provided, there may be insufficient
• If a candidate is unable to sign the nomination time to correct the situation and the nomination
form (e.g. absent overseas), a letter of consent form could be invalidated.
signed by the candidate is acceptable to attach to
Wel Energy Trust
the nomination form. Nominations close at 12 noon, Thursday
• If a candidate is commonly known in the 14th May 2020.
community by a slightly different name (e.g. • Candidates do NOT have to pay a candidate
Edward Smith is commonly known as Ted Smith) deposit for the WEL Energy Trust election.
and has been known by this name for at least the
last six months (to the satisfaction of the Electoral • A candidate does NOT have to be a New Zealand
Officer), the commonly known name may appear citizen.
on the voting paper. • Nomination forms should not be mailed to the
• Titles (ie Dr, JP, Sir, Dame etc) are NOT permitted Electoral Officer.
next to the candidate’s name on the voting • Email or telephone confirmation of the accepted
paper or profile statement, but can be used by nomination will be given as soon as the
candidates as part of their 150 word profiles. nomination form is verified.
• Each candidate must submit a written statement • After the close of nominations, the Electoral
that he or she is aware of the responsibilities and Officer will advise each candidate of the
obligations as a Trustee, under the Deed of Trust confirmed candidates and election arrangements.
dated 26 May 1993, and under the Trustees Act Email contact, if possible, is the preferred form
1956 (this forms part of the nomination form). of contact with the Electoral Officer in the first
instance.
• Late nominations will NOT be accepted.CANDIDATE PROFILE STATEMENTS AND 13
CAMPAIGNING
The Trust Deed requires that each candidate must provide a candidate profile and photo with the
nomination paper. These are then collated by the Electoral Officer and forwarded to electors in a DLE size
booklet with the voting papers.
If a profile or photo is not supplied by a candidate, then the nomination is invalid.
Profile Statements must to be provided electronically by email with the nomination paper, in a Microsoft
Word document that has been spell checked. As the Electoral Officer could receive many profiles,
consistent format of delivery and content will be necessary. Photos should be provided in colour, and if
possible electronically (scanned as jpegs (.jpg) and emailed to nominations@electionz.com
CAMPAIGNING CAMPAIGN EXPENDITURE LIMITS
Election campaigning can commence anytime but There is no campaign expenditure limit for the WEL
must cease by the close of voting - 12 noon, Friday Energy Trust election.
26th June 2020.
Election signs are permitted on private property
(with the owner’s consent) at any time. Signs must
be erected in a stable fashion, and not be a hazard
to the public or traffic safety.
Election offences are detailed for your information
in this guide on page 19. Please refer to them
for your own protection. No election material
2020 TRIENNIAL ELECTION OF TRUSTEES
can contain any untrue statement defamatory of
any candidate calculated to influence the vote of
any elector. No election material may contain an
imitation voting paper which has the names of the
candidates with any direction or indication as to
the candidate a person should vote for, or in any
way contain such direction or indication likely to
influence the voter.
Voting papers are not permitted to be collected
from electors by candidates or their assistants. Each
elector is required by law to post or deliver his or
her own voting paper to the Electoral Officer, or
vote on the internet at www.welenergytrust.co.nz. Wel Energy Trust
Candidates should be aware that it is an offence
(carrying a fine of up to $5,000) to interfere
with an elector in any way with the intention of
influencing or advising that elector as to how
he or she should vote. Candidates and their
assistants should be mindful of this, particularly if
campaigning is to occur in rest homes or hospitals.
Candidates are NOT permitted to use the Trust
logos or branding on any campaigning material.
Candidates are not permitted to use the Trust’s
website or social media channels for electioneering
and campaigning. This includes the Trust’s
Facebook page.14 COUNCIL POLICIES ELECTORAL ROLLS
ON ELECTION
HOARDINGS If Covid-19 restrictions allow, the preliminary
electoral roll can be inspected at the Trust office
during normal office hours (9am to 2.30pm) until
A permit MUST be obtained for any election sign 2.30pm on Thursday 14 May 2020. If Covid-19
erected in the Trust area. restrictions don’t allow personal inspection of
the roll, enquiries can be made by phone to
Each Council in the Trust area has different the election helpline or by email enquiry to
requirements, bylaws, and policies for the erection iro@electionz.com.
of election hoardings. Copies of the respective
policies/bylaws from Hamilton City, Waikato The Preliminary electoral roll is printed in multiple
District, and Waipa District are available from each booklets. There are approximately 134,000
council. These, and other relevant information can parliamentary electors in the WEL Energy Trust
be accessed from these websites: area.
Any requests to correct changes required or
Hamilton City Council omissions found to the Parliamentary electoral
www.hamilton.govt.nz roll, should be made through any Post Shop or the
Electoral Enrolment Centre. Residents can update
Waikato District Council their residential details on the Electoral Enrolment
Centre’s website www.elections.org.nz.
www.waikatodistrict.govt.nz
Copies of the Preliminary electoral roll (whole
Waipa District Council district) may be purchased from the Electoral
Officer for $125 plus GST. Copies of the rolls
www.waipadc.govt.nz
will be available in hard copy only. It is illegal for
the Electoral Officer to provide the electoral roll
Signs on State Highways electronically.
2020 TRIENNIAL ELECTION OF TRUSTEES
www.nzta.govt.nz The Final electoral roll is produced once the
Preliminary electoral roll closes on 14th May 2020.
The Final electoral roll is the roll used for issuing
voting papers.
Wel Energy TrustSPECIAL VOTING SCRUTINEERS 15
Special Votes are available to electors: Candidates may appoint scrutineers to oversee
• whose names do not appear on the Final electoral various functions of the election, ie:
roll, but who qualify as electors, ie the elector has • the scrutiny of the roll
enrolled after the closing of the roll
• counting of the votes after 12 noon on Friday
• who did not receive a voting paper previously 26th June 2020.
posted to them
However, with the use of progressive processing,
• who spoil or damage a voting paper previously most of the voting papers will already have been
posted to them processed by 12 noon on the Friday.
• who are on the unpublished roll
electionz.com has systems in place to comply with
Special voter packs can be issued from Thursday the progressive processing legislation which allows
4th June to 12 noon Friday 26th June 2020. voting papers to be processed as they are received.
Requests for special voter packs can be made by This includes dual passwords and time locks on the
phone to the 0800 666 031 election helpline or by counting software so that no access to the results
email enquiry to iro@electionz.com. can be obtained. This means that come 12 noon
on 26th June, there will be very few voting papers
Special Votes can be posted directly out to electors.
that will need to be counted. The preliminary result
The completed voting paper however must be
will be produced and checked and then advised to
returned to the Electoral Officer by noon on
candidates as soon as possible. Hence there is likely
election day by delivering back to the Trust Office
to be very little for scrutineers to observe.
in Hamilton, or by post to the Electoral Officer,
WEL Energy Trust, PO Box 3138, Christchurch. Nevertheless, each candidate may appoint one or
more scrutineers for each of the above functions,
Special Votes require the completion of a statutory
but only one scrutineer for each candidate may be
declaration. This is a legal requirement and a
present at any one time. A candidate cannot be a
2020 TRIENNIAL ELECTION OF TRUSTEES
protection for electors against possible duplicate
scrutineer.
voting. Application for a special vote must be made
to an Electoral Official at the Special Voting Place The voting papers will be returned in the post
at the Trust office. direct to the electionz.com office in Christchurch
for processing. Therefore candidates should
If an elector requests a Special Vote and is not
appoint a scrutineer in Christchurch who is able to
on the Parliamentary Roll (e.g. just turned 18
attend the electionz.com office at 3/3 Pukaki Rd,
years of age), the person must enrol at any Post
Christchurch Airport.
Shop during normal business hours up to and
including Thursday 25th June 2020. Special Vote Each scrutineer must be appointed by a candidate,
declarations are forwarded to Registrars of Electors such appointment to be in writing to the Electoral
for verification that the elector is eligible and has Officer 24 hours before the close of voting (ie by
enrolled as a Parliamentary elector on our before 12 noon on Thursday 25th June 2020, on the
that date. appropriate form available from the Electoral
Officer). Wel Energy Trust
Special Votes cannot be collected by candidates or
their assistants for distribution to electors.16 ELECTION RESULTS
PROGRESS RESULT COUNTING PROCESS
A Progress Result can be made available to Processing of the voting papers will be carried out
candidates, members of the public and media as at the electionz.com office in Christchurch. Votes
soon as practicable from 12 noon on election day will be counted on a computerised system using
(26th June 2020). It is expected that preliminary progressive processing between the 4th and 26th
results will be announced by 4pm. of June 2020.
Results will be posted on the Trust website, After 12 noon the internet votes will be
www.welenergytrust.co.nz at this time. downloaded and entered into the database with
the paper votes.
All candidates will be personally advised by
phone/email as soon as possible after this time. All voting papers are required to be counted twice
to ensure complete accuracy of the count. The
The final result will be announced on Tuesday 30th
second count is carried out simultaneously with the
June 2020 once all postal votes received after the
preliminary count. It is expected that both counts
close of voting but postmarked prior have been
will be completed on the Friday.
processed.
Further information on the exact process and
The official declaraton of result will be published in
systems for processing the voting papers can be
the Waikato Times on Saturday 4th July 2020 and
obtained from the Electoral Officer.
in other regional publications across the following
week. It is expected that the Official Declaration of the
final result will be made no later than Tuesday 30th
June 2020, once all special votes have been verified
by the Waikato Electoral Registrar and final checks
and balances made.
2020 TRIENNIAL ELECTION OF TRUSTEES
Wel Energy TrustELECTION OFFENCES 17
Candidates are reminded that the following are all election offences pursuant to the Local
Electoral Act 2001. These will be enforced by the Electoral Officer.
LOCAL ELECTORAL ACT 2001 an imitation voting document) on which is
printed---
121 Illegal nomination, etc - Every person
(a) the names of all or any of the candidates
commits an offence, and is liable on
and the elective offices for which they are
summary conviction to a fine not
candidates (with or without the name of
exceeding $2,000 who -
the organisations or groups to which those
(a) consents to being nominated as a candidate candidates are affiliated, and including those
for any elective office knowing that he or she is who are independent); and
incapable under any Act of holding that office;
(b) nothing else.
or
(3) Nothing in this section applies to---
(b) signs any nomination paper purporting to
nominate as a candidate a person who is, to the (a) any official statement or announcement made
knowledge of the person so signing, incapable or exhibited under the authority of this Act or
under any Act of holding that office; or regulations made under this Act; or
(c) signs a nomination paper purporting to (b) any candidate profile statement, published,
nominate another person as a candidate displayed, or distributed under the authority of
knowing that he or she is not qualified to vote this Act or regulations made under this Act.
at the election of the person named in the 123 Offences in respect of official documents -
nomination paper as the candidate.
(1) Every person commits an offence who -
122 Interfering with or influencing voters - (1)
2020 TRIENNIAL ELECTION OF TRUSTEES
Every person commits an offence, and is (a) intentionally removes, obliterates, or alters any
liable upon summary conviction to a fine official mark or official writing on any voting
not exceeding $5,000, who - document, or other official document used at
an election or poll:
(a) interferes in any way with any person who is
about to vote with the intention of influencing (b) intentionally places any mark or writing that
or advising that person as to how he or she might be mistaken for an official mark or official
should vote: writing on any voting document, or other
official document used at an election or poll:
(b) prints, publishes, distributes, or delivers to
any person (using any medium or means of (c) forges, counterfeits, fraudulently marks,
communication) a document, paper, notice, or defaces, or fraudulently destroys any voting
message, being or purporting to be in imitation document, or other official document used at
of any voting document to be used at the an election or poll, or the official mark on that
election or poll that,--- document:
(d) supplies, without authority, a voting document Wel Energy Trust
(i) in the case of an election, includes the name
of a candidate or candidates, together to any person:
with any direction or indication as to the (e) obtains or has possession of any voting
candidate or candidates for whom any document, other than one issued to that person
person should vote: under this Act or any regulations made under
(ii) in the case of a poll, includes a statement this Act for the purpose of recording his or her
or indication as to how any person should vote, without authority:
vote: (f) intentionally destroys, opens, or otherwise
(iii) in any way contains or suggests any such interferes with any ballot box or box or parcel of
direction or indication or other matter likely voting documents without authority.
to influence how any person votes: (2) Every person who commits an offence against
(c) prints, publishes, or distributes any instruction subsection (1) is liable on conviction on
on the method of marking the voting indictment,---
document that differs in any material way from (a) in the case of an Electoral Officer or other
the instructions required by this Act or any electoral official, to imprisonment for a term not
regulations made under this Act to accompany exceeding 2 years:
the voting document.
(b) in the case of any other person, to
(2) Despite subsection (1)(b), it is not an offence imprisonment for a term not exceeding 6
under that subsection to print, publish, months.
distribute, or deliver a card or leaflet (not being124 Voting offences - Every person commits (b) after the voting period at the election or poll,
18 an offence, and is liable on conviction on he or she directly or indirectly, on his or her
indictment to imprisonment for a term not own or by another person, receives any money
exceeding 2 years, who - or valuable consideration on account of any
person having voted or refrained from voting
(a) votes or applies to vote more than once at the
or having induced any other person to vote or
same election or poll; or
refrain from voting.
(b) without authority, removes, deletes, or
(3) Every person who commits bribery is liable on
otherwise interferes with any voting document,
conviction on indictment to imprisonment for a
or other record of a vote that has been cast.
term not exceeding 2 years.
125 Bribery defined - (1) Every person commits
126 Treating defined -
the offence of bribery who, directly or
indirectly, on that person’s own or by (1) Every person commits the offence of treating
another person, - who corruptly, before, during, or after an
election or poll, and directly or indirectly, on
(a) gives, lends, agrees to give or lend, offers,
that person’s own or by another person, gives
promises, or promises to obtain any money or
or provides, or pays wholly or in part the
valuable consideration to or for any elector, or
expense of giving or providing, any food, drink,
to or for any person on behalf of any elector, or
entertainment, or provision to or for any person
to or for any other person, in order to induce
-
any elector to vote or refrain from voting; or
(a) for the purpose of influencing that person or
(b) gives or obtains, agrees to give or obtain, offers,
any other person to vote or refrain from voting;
promises, or promises to obtain or to try to
or
obtain any office or place of employment to or
for any elector, or to or for any person on behalf (b) for the purpose of obtaining his or her election;
of any elector, or to or for any other person, in or
order to induce the elector to vote or refrain (c) on account of that person or any other person
from voting; or having voted or refrained from voting, or being
(c) corruptly does any act referred to in paragraph about to vote or refrain from voting.
(a) or paragraph (b) on account of an elector (2) Every holder of a licence under the Sale of
2020 TRIENNIAL ELECTION OF TRUSTEES
having voted or refrained from voting; or Liquor Act 1989 commits the offence of
(d) makes any gift, loan, offer, promise, or treating who knowingly supplies any food,
agreement referred to in paragraph (a) or drink, entertainment, or provision---
paragraph (b) for, or with, any person in order (a) to any person, if the supply is demanded for 1
to induce that person to obtain or try to obtain or more of the purposes specified in subsection
the election of any person or the vote of any (1); or
elector; or
(b) to any person, whether an elector or not, for
(e) upon or as a consequence of any gift, loan, the purpose of obtaining the election of a
offer, promise, or agreement referred to in candidate or affecting the result of a poll, and
paragraph (a) or paragraph (b), obtains, or tries without receiving payment for it at the time
to obtain, the election of any person or the vote when it is supplied.
of any elector; or
(3) Every elector who corruptly accepts or takes any
(f) advances or pays, or causes to be paid, any such food, drink, entertainment, or provision
money to or for the use of any other person,
Wel Energy Trust
also commits the offence of treating.
intending that the money or any part of it will
be used for bribery at any election or poll; or (4) Despite subsections (1) to (3), the provision of
light refreshments after any meeting relating
(g) knowingly pays or causes to be paid any money to an election or poll does not constitute the
to any person in discharge or repayment of any offence of treating.
money wholly or partly used for bribery at any
election or poll. (5) Every person who commits the offence of
treating is liable on conviction or indictment to
(2) An elector commits the offence of bribery if,--- imprisonment for a term not exceeding 2 years.
(a) before or during the voting period at the 127 Undue influence -
election or poll, he or she, directly or indirectly,
on his or her own or by another person, (1) Every person commits the offence of undue
receives, or agrees or contracts for, any money, influence -
gift, loan, or valuable consideration, office, (a) who, directly or indirectly, on that person’s own
place, or employment for himself or herself or or by another person, makes use of or threatens
for any other person for voting or agreeing to to make use of any force, violence, or restraint
refrain from voting: 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 (3) Every person present at the counting of votes
device or means,--- must - 19
(i) impedes or prevents the free exercise of the (a) maintain and assist in maintaining the secrecy
vote of any elector: of the voting; and
(ii) compels, induces, or prevails upon any (b) must not, except as is provided by this Act or
elector either to vote or to refrain from regulations made under this Act, communicate
voting. any information obtained at that counting as
to any candidate for whom, or proposal for or
(2) Every person who commits the offence of
against which, any vote is cast by a particular
undue influence is liable on conviction on
voter.
indictment to imprisonment for a term not
exceeding 2 years. (4) No person may, directly or indirectly, induce any
voter to display or provide access to his or her
128 Personation defined -
voting document or any copy of that document
(1) Every person commits the offence of after it has been marked or transmitted, so as
personation who, at any election or poll, - to make known to any person the name of any
(a) votes in the name of some other person candidate for or against whom, or proposal for
(whether living or dead), or of a fictitious or against which, the voter has voted.
person: (5) Every person commits an offence who
(b) having voted, votes again at the same election contravenes or fails to comply with this section.
or poll: (6) Every person who commits an offence against
(c) having returned a voting document, applies for subsection (5) is liable on summary conviction
or returns another voting document with the to imprisonment for a term not exceeding 6
intention of returning an additional valid voting months.
document or invalidating a vote already cast at 130 Disclosing voting or state of election -
the same election or poll (whether or not any
(1) Every Electoral Officer, Deputy Electoral Officer,
voting document he or she returns is valid).
other electoral official, Justice of the Peace, or
(2) Every person who commits the offence scrutineer commits an offence who -
of personation is liable on conviction on
(a) makes known for what candidate or candidates
2020 TRIENNIAL ELECTION OF TRUSTEES
indictment to imprisonment for a term not
or for which proposal any particular voter has
exceeding 2 years.
voted for or against, except as provided by this
129 Infringement of secrecy - Act or regulations made under this Act; or
(1) Every Electoral Officer, Deputy Electoral Officer, (b) before the close of voting, makes known the
and other electoral official-- state of the election or poll or gives or pretends
(a) must maintain and assist in maintaining the to give any information by which the state of
secrecy of the voting; and the election or poll may be known.
(b) must not communicate to any person, (2) Subsection (1)(b) does not prevent an Electoral
except for a purpose authorised by law, any Officer from disclosing the total number of
information likely to compromise the secrecy of voting documents so far returned at an election
the voting. or poll at any time during the voting period.
(2) No person, except as provided by this Act or (3) A person who commits an offence against
regulations made under this Act, may - subsection (1) is liable on summary conviction to Wel Energy Trust
a fine -
(a) interfere with or attempt to interfere with a
voter when marking or recording his or her (a) not exceeding $5,000 for an Electoral Officer or
vote; or Deputy Electoral Officer:
(b) attempt to obtain, in the building or other (b) not exceeding $2,000 for any other person.
place where the voter has marked or recorded
his or her vote and immediately before or after
that vote has been marked or recorded, any
information as to any candidate for whom, or
the proposal for or against 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 or other
place where the voter has marked or recorded
his or her vote and immediately before 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 to vote
or has voted; or
(ii) any number on a voting document marked
or transmitted by the voter.You can also read
