2018 candidate information booklet

Transcription

1 2018 candidate information booklet Prepared by Independent Election Services Ltd for the 2018 Entrust election Friday 26 October 2018

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3 Contents Introduction Page 3 Key Dates Page 3 Contact Info Page 3 Timetable Page 4 Electoral Principles Page 5 Candidate Qualifications Page 5 Rules Of Ownership Page 6 Nominations Page 7 Campaigning Page 8 Electoral Donations and Expenses Page 9 Auckland Transport Policy On Election Hoardings Page 9 Consumer Roll Page 10 Voting and Special Voting Page 10 Early Processing of Returned Voting Documents Page 10 Scrutineers Page 10 Preliminary Results Page 11 Member Remuneration Page Voting Document Return Statistics Page Election Results Page 14 Letter To Appoint Scrutineer Return Of Electoral Donations & Expenses APPENDICES: Appendix One: Campaigning - Advertisements for Candidates Appendix Two: Electoral Donations & Expenses Appendix Three: Election Signs & Approved Election Signs Sites Appendix Four: Election Offences Page 1

4 Disclaimer: Every effort has been made to ensure that the information contained in this booklet is accurate and consistent with the Deed of Trust. The Returning Officer and Entrust take no responsibility for any errors or omissions.

5 INTRODUCTION This booklet outlines information which may be of interest to you as a candidate in the 2018 Entrust triennial election. The election is being conducted by postal vote with election day on Friday 26 October Entrust (formerly Auckland Energy Consumer Trust) is the largest energy consumer trust in New Zealand, with approximately 302,000 eligible consumers, whose key asset is a 75.1% shareholding in Vector Limited. There are five trustee positions for Entrust to be filled at this election. The conduct of the election is regulated by the Auckland Energy Consumer Trust Deed of Trust (dated 27 August 1993). The rules governing the conduct of the election are found in the Schedule attached to the Deed. Where the Rules do not prescribe as to a particular matter in connection with the election, the Returning Officer will determine the procedure and act accordingly. Such matters and procedures will be based on accepted, good electoral practice applicable to public elections, taking into account any particular relevant circumstances of this election. KEY DATES Relevant key dates for your diary are: Nominations open Wednesday 25 July 2018 Nominations close 5pm, Monday 27 August 2018 Delivery of voting packs from Thursday 11 October 2018 Appointment of scrutineers by 5pm, Thursday 25 October 2018 Removal of election signs by midnight, Thursday 25 October 2018 Close of voting 5pm, Friday 26 October 2018 Preliminary results available Friday 26 October 2018 (as soon as practicable after close of voting) Official declaration Saturday 3 November 2018 Return of electoral donations & expenses form due by Tuesday 25 December 2018 CONTACT INFO: Returning Officer: Dale Ofsoske, Independent Election Services Ltd Level 2, 198 Federal Street, Auckland 1010 PO Box 5135, Wellesley Street, Auckland 1141 Phone or info@electionservices.co.nz Website - Page 3

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7 ELECTORAL PRINCIPLES The rules governing the conduct of the Entrust election are found in the Schedule attached to the Deed of Trust. As there are no specified electoral principles in this document, the electoral principles to be adopted for the purposes of this election are adapted from section 4 of the Local Electoral Act These are outlined below for candidate information. Principles (c) fair and effective representation; all qualified persons have a reasonable and equal opportunity to (i) (ii) (iii) cast an informed vote; nominate 1 or more candidates; accept nomination as a candidate. public confidence in, and public understanding of, the electoral process through (i) (ii) (iii) (iv) (v) the provision of a regular election cycle; the provision of elections that are managed independently from the elected body; protection of the freedom of choice of voters and the secrecy of the vote; the provision of transparent electoral systems and voting methods and the adoption of procedures that produce certainty in electoral outcomes; the provision of impartial mechanisms for resolving disputed elections and polls.. a person who has been sentenced to imprisonment for any offence, unless that person has been pardoned or has served the sentence imposed;. a person in respect of whom an order has been made under section 135 of the Companies Act 1993;. a person who is subject of a compulsory treatment order within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992;. a person who has had a manager appointed in respect of his or her property pursuant to the Protection of Personal and Property Rights Act 1988;. a person who is not a Parliamentary elector for the purposes of the Electoral Act 1993;. a person who is a Member of Parliament, or a Member of a Local Authority, or an employee in a senior management position with a Local Authority;. a Consumer who does not have his or her principal place of residence within the District. [ Rule 2.2, Deed of Trust ] Note: Local Authority means Auckland Council. CANDIDATE QUALIFICATIONS A candidate for Entrust must be:. a consumer within the Entrust district (with their principal place of residence within the district); and. over 18 years old; and. a parliamentary elector. A candidate for Entrust cannot be:. a bankrupt who has not obtained a final order of discharge or whose order of discharge has been suspended for a term not yet expired, or who is subject to a condition not yet fulfilled or to any order under section 111, Insolvency Act 1967;. a person who has been convicted of any offence punishable by a term of imprisonment of two or more years, unless that person has been pardoned or has served or otherwise suffered the sentence imposed; Page 5

8 RULES OF OWNERSHIP Introduction The Takeovers Code ( Code ) provides that, in broad terms, subject to certain exceptions, a person (or persons jointly) who hold or control 20% or more of the voting rights in a code company must not increase the percentage of voting rights which they hold or control except pursuant to a takeover offer for that company in accordance with the Code. Vector Limited ( Vector ) is a code company for the purposes of the Code and the trustees of Entrust jointly hold more than 75% of the shares in Vector. Accordingly, a trustee of Entrust acting other than in the capacity as trustee of Entrust is prohibited from increasing the percentage of Vector shares held or controlled by them. Vector shareholders may be elected as trustees If you hold or control shares in Vector, whether in a personal capacity, as trustee of a trust, or in another capacity, you are permitted to continue to hold or control those shares if you are elected as a trustee of Entrust (pursuant to the terms of the Takeovers Code (Entrust) Exemption Notice 2004). You will not be required to sell those Vector shares prior to or as a consequence of election.. issue a temporary restraining order (prohibiting you or your associate from dealing with, or voting the Vector shares);. require you (or your associate) to meet the costs of the meeting; and. apply to the Court for various orders, including an order requiring that you or your associate dispose of Vector shares. If the Court finds that the increase in Vector shares held or controlled by you (or an associate) constituted a breach of the Code, the Court may, in addition to any other orders, require you (or your associate, as the case may be) to pay a penalty of up to $500,000 (or, if you, or your associate, hold or control Vector shares through a company, up to $5,000,000). Own advice This summary is provided for the assistance of prospective trustees and is not intended as legal advice. It is recommended that you seek you own advice in respect of the matters outlined above. Serving trustees must not acquire Vector shares If you are elected as a trustee of Entrust, you and your associates (for example, a co-trustee of a trust of which you are a trustee) will be prohibited from increasing the percentage of Vector shares that you (or your associates ) hold or control during your term in office as trustee, unless:. you (or the associate, if relevant) are granted a specific exemption by the Takeovers Panel ( Panel ); or. the acquisition is approved by the Vector shareholders (Entrust will be prohibited from voting in this respect). Consequences of acquisition If you (or an associate) increase the percentage of Vector shares that you hold or control while serving as a trustee of Entrust (other than in the capacity as a trustee of Entrust) without the authorisation of a specific exemption or an ordinary resolution of Vector shareholders, and the Panel suspects that the increase was a breach of the Code, the Panel may convene a meeting to consider the suspected breach. If the Panel determine holding or control of Vector shares is a breach of the Code, the Panel may: Page 6

9 NOMINATIONS Key Dates Nominations for the five positions open on Wednesday 25 July Nominations close at 5pm Monday 27 August A public notice calling for nominations will appear in the Public Notices section of the NZ Herald, Eastern Courier, East and Bays Courier, Central Leader and Papakura Courier on Wednesday 25 July 2018 and the Western Leader and Manukau Courier on Thursday 26 July Availability of Nomination Papers Nominations must be made on the official nomination paper and these are available from Wednesday 25 July 2018 at:. the Returning Office (Independent Election Services Ltd, Level 2, 198 Federal Street, Auckland);. by telephoning or ;. by accessing Candidate Profile Statements Every candidate may provide the Returning Officer with a candidate profile statement with their nomination. This statement must not exceed 150 words and can contain information about the candidate, their qualifications and skills applicable to the position for which they are standing, and their policies/intentions if elected to office. A candidate profile statement cannot be used to comment on the policies, performance etc of any other candidates. A candidate profile statement must be true and accurate and the Returning Officer is not required to verify or investigate any information included in this statement. Candidate profile statements will be printed in plain text, without formatting, and sent to each consumer with their voting document. A candidate may also provide a recent passport size photograph. Completion of Nomination Paper Each nomination paper must have the consent of the candidate and be nominated by a consumer whose name appears on the Consumers Roll for Entrust. A person cannot nominate themselves. If a candidate is unable to sign the nomination paper (eg absent overseas), a letter of consent signed by the candidate is acceptable to attach to the nomination paper. If a candidate is commonly known in the community by a slightly different name (eg Edward Smith is commonly known as Ted Smith) and has been known by this name for at least the last six months (to the satisfaction of the Returning Officer), the commonly known name may appear on the voting document. No titles are permitted (eg Dr, Sir). Affiliation The nomination paper provides for a candidate to have an affiliation. Individual candidates not part of a political party may wish to nominate their affiliation as Independent or leave as blank (if left blank, nothing will show alongside the name on the voting document). A candidate requiring a specific party affiliation should have authority to adopt the affiliation from the party concerned (ie letter of consent to use the affiliation from the party). This is a safety measure to avoid any illegal adoption of party affiliations. An affiliation that might cause offence or is likely to confuse or mislead electors will not be accepted. Return of Nomination Paper Completed nomination papers can be lodged at: The Returning Office Independent Election Services Ltd Level 2, 198 Federal Street Auckland or posted to: The Returning Office Independent Election Services Limited PO Box 5135 Wellesley Street Auckland 1141 in time to be received no later than 5 pm Monday 27 August Once lodged, nomination papers are checked to ensure the candidate s name appears on a Parliamentary Electoral Roll and the candidate and nominator are consumers whose names appear on the Consumer Roll for Entrust. Each nomination paper lodged requires a deposit of $200 (inclusive of GST). This is refunded if the candidate receives greater than 10% of the total votes cast (total number of voting documents returned). Payment of the nomination deposit can be made by cash, electronic transfer (internet payment), bank cheque or personal cheque. However should a personal cheque be dishonoured, the nomination becomes invalid as the deposit has not lawfully been made. Page 7

10 Cheques should be made payable to: Independent Election Services Ltd If making a payment online, evidence that the transfer of funds has occurred must be attached to the nomination paper at the time of lodgement. For a bank transfer to the following account: enter the following details: field entry example particulars: initials & surname A B Smith code: election code Entrust reference: write nomination Nomination If the bank transfer payment cannot be identified as having been received on the date of transfer of funds, the nomination becomes invalid. The lodgement of nomination papers and candidate profile statements should not be left to the last minute. Should a nomination paper be lodged late on the day nominations close, and be incorrectly completed or an ineligible nominator provided, there may be insufficient time to correct the situation and the nomination paper could be invalidated. Please do not leave lodging your nomination to the last minute. Nomination papers, with the deposit and the candidate profile statement, can be returned by mail, but should the paper(s) be received by the Returning Officer or Electoral Official after the close of nominations, the nomination is invalid. CAMPAIGNING Election campaigning can commence anytime and may continue up to and including election day. However it is noted that the period for which election expenses/ donations are to be accounted for is the period 3 months before election day (26 July - 26 October 2018). Election signs are permitted on selected Auckland Council-owned sites (parks and reserves) for a 9 week period, ending at midnight the day before election day (ie from Thursday 23 August 2018 to Thursday 25 October 2018). Election signs are permitted on selectd Auckland Transport-owned road reserves and on private property any time. Refer to Auckland Transport Policy on Election Hoardings on page 9 and Appendix 3 of this booklet. Election offences (as contained in the Local Electoral Act 2001 and adopted for the purposes of this election) are detailed for your information in Appendix 4 of this booklet. No candidate should act in a way which would amount to an offence if the election were being held under that Act. No election material can contain any untrue statement defamatory of any candidate and calculated to influence the vote of any elector. No election material may contain an imitation voting document 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 contains such direction or indication likely to influence the voter. Voting documents should not be collected from consumers by candidates or their assistants. Each consumer should post or deliver his or her own voting document to the Returning Officer. Election advertising, including signs, and using any media, must identify the true name of the person under whose authority they have been produced and the physical address (not a PO Box) of the person under whose authority they have been produced. This may be details of the candidate or their agent. Relevant criteria as contained in the Local Electoral Act 2001 should be complied with as if the election were under that Act: For further information, and to view the legislation, refer to Appendix One: Campaigning - Advertisements for candidates. Page 8

11 ELECTORAL DONATIONS & EXPENSES Candidates should be aware that candidate campaign expenditure limits are adopted for the purposes of this election. This means a limit has been placed on how much a candidate may spend on his or her campaign, and this includes donations and joint campaigning. The maximum amount spent must not exceed the limits set out below where the election covers a population range as detailed: Local government area population up to 4,999 5,000-9,999 10,000-19,999 20,000-39,999 40,000-59,999 60,000-79,999 80,000-99, , , , , ,000-1,000,000 1,000,000 or more * Plus 50 cents for each elector [NOTE: Expenditure limits are inclusive of GST]. Expenditure limit $3,500 $7,000 $14,000 $20,000 $30,000 $40,000 $50,000 $55,000 $60,000 $70,000 $100,000 The population of the Entrust district is over 250,000 (and under 1,000,000) so a limit on expenditure of $70,000 (inclusive of GST) will apply. The period for which campaign expenditure limits apply is 3 months before election day (ie 26 July 2018 to 26 October 2018). However any expenses incurred before the 3 month period for campaign expenditure and used during the 3 month period, must be included in the return. A Return of Electoral Donations and Expenses form (a copy of this is located at the rear of this booklet) is required to be supplied to the Returning Officer within 55 days after the official declaration (by 25 December 2018). Please note: anonymous in relation to an electoral donation (as defined in section 103A Local Electoral Act 2001), means a donation that is made in such a way that the candidate who receives the donation does not know the identity of the donor and could not reasonably be expected to know the identity of the donor. If a candidate is aware of who made the donation, this information must be shown on the form (as the donor is not anonymous). The Return of Electoral Donations and Expenses form once returned becomes a public document and can be inspected by any person for a period of 7 years after the date of the election. Relevant definitions as contained in the Local Electoral Act 2001, and adopted for the purposes of this election, are outlined in Appendix Two: Electoral Donations & Expenses AUCKLAND TRANSPORT POLICY ON ELECTION HOARDINGS Election signs can be referred to as hoardings, posters, signs or other similar types of promotion that are used to display information relating to the election of a candidate(s) or choice of political party. There are 3 types of sites for election signs:. Private land: Signs on private land are subject to the permission given by the occupant of the site. Signs on private land may be erected at any time.. Approved sites on public land associated with roads (road reserves): These sites are controlled by Auckland Transport and may be erected at any time.. Approved sites on public land used as local parks: These sites are controlled by Auckland Council local boards, and may only be erected nine weeks prior to election day (from Friday 24 August 2018). However, signs located on approved Orakei Local Board park sites can be erected in the four weeks prior to election day (from Friday 28 September 2018). For more information regarding election signs, visit: To view the approved signs sites, refer to Appendix Three: Campaigning - Advertisements for candidates. Page 9

12 CONSUMER ROLL A Preliminary Consumer Roll (containing a listing of all eligible consumers within the Entrust district) has been prepared as at 14 June 2018 (4 months prior to the election - Rule 2.12). This is not available for public inspection, but individual enquiries can be made by phoning the Returning Office on or The number of eligible consumers is expected to be approximately 302,000 A Final Consumer Roll (to be used for issuing of voting documents) is to be prepared as at 11 September This roll is also not available for public inspection. The Final Consumer Roll will be divided into eight geographic zones in order to provide election results by geographical areas. The eight zones are identified in the map contained in page 13 of this booklet. As the Consumers Roll is not a public document, lists of those consumers that have returned a voting document during the voting period will not be available to candidates or their scrutineers. VOTING AND SPECIAL VOTING The election is being conducted by postal vote. Voting documents will be posted to all eligible consumers whose names appear on the Final Consumer Roll. Delivery by NZ Post will commence Thursday 11 October 2018, and all eligible consumers should receive their voting documents by Wednesday 17 October Each eligible consumer, after receiving their voting document, should complete it, seal it in the return postage paid envelope, and post or deliver it to the Returning Officer. A polling booth for the issuing and receiving of special voting documents, and for the receiving of ordinary voting documents, will be open during normal business hours from Thursday 11 October 2018 to 5pm Friday 26 October 2018 at: The Returning Office, Independent Election Services Ltd, Level 2, 198 Federal Street, Auckland. If posting completed voting documents back, it is recommended these be posted no later than 5pm Tuesday 23 October 2018 to guarantee delivery before the close of voting (5pm Friday 26 October 2018). Special votes are available to consumers:. whose name appears on the Final Consumers Roll, but who did not receive a voting document previously posted to them;. who spoil or damage a voting document previously posted to them. Special votes can be posted directly to consumers. The completed voting document however, must be returned to the Returning Officer by 5pm on election day. Special votes require the completion of a statutory declaration and is a protection for consumers against possible duplicate voting. Special votes cannot be collected by candidates or their assistants for distribution to consumers. EARLY PROCESSING OF RETURNED VOTING DOCUMENTS Returned voting documents are able to be opened and processed during all or part of the voting period prior to the close of voting. The early processing of voting documents involves the following functions:. opening of envelopes. extracting of voting documents. checking for informal or duplicate votes. electronic capture of all valid votes (twice) No tallying of votes is undertaken until after the close of voting (5pm Friday 26 October 2018). The early processing functions are undertaken with strict security measures. A Justice of the Peace observes all early processing functions, and signs a statement at the end of the processing that all functions were undertaken correctly and conformed with the strict legal requirements. Candidate scrutineers are not permitted to observe the early processing functions prior to the close of voting, but may do so after the close of voting (if applicable). SCRUTINEERS Candidates may appoint scrutineers to oversee various functions of the election. These functions are:. the scrutiny of the roll;. the preliminary count (after the close of voting); Page 10

13 . the official count. Each candidate may appoint one or more scrutineers for each of the above functions, but only one scrutineer for each candidate may be present at any one time. A scrutineer cannot be:. a candidate;. a member or employee of Entrust;. under 18 years old. Each scrutineer must be appointed by a candidate, such appointment to be in writing to the Returning Officer. For a person to be appointed a scrutineer, the letter of appointment must be received at least 24 hours before the close of voting (ie by 5pm Thursday 25 October 2018). A standard letter for the appointment of a scrutineer is located at the end of this booklet. Any scrutineer may leave or re-enter the place where election functions are being conducted, but it is an offence (and liable for a fine) to:. make known for what candidate any voter has voted;. make known the state of the election, or give or pretend to give any information by which the state of the election may be known, before the close of voting. The scrutiny of the roll will be undertaken at the Returning Office (Independent Election Services Ltd, Level 2, 198 Federal Street, Auckland), during normal office hours between Thursday 11 October 2018 to 5pm, Friday 26 October The preliminary count of votes will commence once voting closes at 5pm on Friday 26 October 2018 at the premises of Independent Election Services Ltd. The official count of votes will be undertaken once the preliminary count is concluded and the official declaration will be made by Wednesday 31 October The official count will occur at the premises of Independent Election Services Ltd in Auckland. The role of scrutineers is to ensure that election procedures are undertaken correctly and that the count of votes is done fairly and reasonably. During the preliminary and official counts, scrutineers must not talk to any staff member and should not distract, annoy, or linger close by or talk loudly to one another so as to disrupt or upset any staff member. All communication should be through the Returning Officer or Deputy Returning Officer. Mobile phones are prohibited from within the secure area where the count will take place. PRELIMINARY RESULTS The preliminary count will take place from 5pm Friday 26 October 2018 at the premises of Independent Election Services Ltd, Level 2, 198 Federal Street, Auckland. The preliminary results are expected to be announced at approximately 6.00pm on election day and will be available:. by accessing the Returning Office website ( by telephoning the Returning Office on (09) or Preliminary results will also be ed (where addresses have been provided) to candidates, once available. The official count of votes will be undertaken once the preliminary count is concluded and the official declaration will be made by Wednesday 31 October Relevant election offences as contained in the Local Electoral Act 2001, and adopted for the purposes of this election are outlined in Appendix Four: Election Offences. MEMBER REMUNERATION The total trustee remuneration pool is $342,500. Following the election the trustees will set the allocation of these funds according to portfolios. The time commitment varies based on activity associated with majority ownership of Vector Ltd, but at a minimum includes attendance at monthly Ordinary and Sub-Committee meetings and Strategy Day, pre-reading for meetings, as well as responding to s in between meetings regarding business as usual matters. Page 11

14 2015 VOTING RETURN STATISTICS Election of Trustees Daily Voting Document Returns Election Day: 30 October 2015 Labour Day Election Day Electors 19-Oct 20-Oct 21-Oct 22-Oct 23-Oct 26-Oct 27-Oct 28-Oct 29-Oct 30-Oct Zone Daily % 0.23% 0.00% 3.06% 1.76% 1.46% 0.00% 1.78% 0.22% 2.22% 0.98% Accum% 0.23% 0.23% 3.29% 5.05% 6.51% 6.51% 8.29% 8.51% 10.73% 11.71% Zone Daily % 0.15% 0.00% 3.84% 1.85% 1.53% 0.00% 1.97% 0.17% 2.54% 1.05% Accum% 0.15% 0.15% 3.99% 5.84% 7.37% 7.37% 9.35% 9.52% 12.06% 13.11% Zone Daily % 0.23% 0.00% 3.06% 2.02% 1.83% 0.00% 2.54% 0.29% 1.99% 0.71% Accum% 0.23% 0.23% 3.29% 5.31% 7.14% 7.14% 9.69% 9.98% 11.97% 12.68% Zone Daily % 0.17% 0.00% 3.94% 2.24% 2.43% 0.00% 3.44% 0.52% 2.51% 0.91% Accum% 0.17% 0.17% 4.11% 6.35% 8.78% 8.78% 12.22% 12.74% 15.25% 16.16% Zone Daily % 0.12% 0.00% 2.54% 1.93% 1.79% 0.00% 2.69% 0.36% 1.94% 0.72% Accum% 0.12% 0.12% 2.66% 4.59% 6.38% 6.38% 9.07% 9.44% 11.38% 12.09% Zone Daily % 0.17% 0.02% 4.52% 1.88% 1.51% 0.00% 1.69% 0.11% 1.58% 0.72% Accum% 0.17% 0.19% 4.71% 6.58% 8.09% 8.09% 9.78% 9.89% 11.47% 12.19% Zone Daily % 0.12% 0.00% 3.19% 1.97% 1.67% 0.00% 1.97% 0.22% 1.77% 0.77% Accum% 0.12% 0.12% 3.31% 5.28% 6.95% 6.95% 8.93% 9.15% 10.92% 11.68% Zone Daily % 0.11% 0.00% 3.33% 2.11% 1.91% 0.00% 2.43% 0.23% 2.23% 0.95% Accum% 0.11% 0.11% 3.43% 5.54% 7.45% 7.45% 9.88% 10.11% 12.34% 13.28% TOTAL Daily % 0.16% 0.00% 3.39% 1.97% 1.77% 0.00% 2.31% 0.27% 2.10% 0.86% Accum% 0.16% 0.16% 3.55% 5.53% 7.30% 7.30% 9.61% 9.88% 11.98% 12.84% 2012 AECT Returns Accum% 6.03% 9.57% 11.21% 12.34% 13.25% 13.25% 14.06% 15.72% 16.54% 17.13% Auckland Energy Consumer Trust ELECTION OF TRUSTEES 2015 VOTING DOCUMENT RETURNS DAYS Page 12

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16 2015 ELECTION RESULTS Declaration of result of election I declare the result of the Auckland Energy Consumer Trust election held on Friday 30 October 2015 for the election of five trustees to be as follows: Candidates BROWN, Stewart BUCZKOWSKI, Mike (C & R - Communities and Residents) CAIRNS, William (C & R - Communities and Residents) CARMICHAEL, James (C & R - Communities and Residents) COURY, Anne-Marie (City Vision - Community Voice) EAST, Paul (Independent) ELLEY, Jeanette (City Vision - Community Voice) GREENING, Toa (Independent) HUNTER, Rachel (Independent) HUTCHISON, Paul (C & R - Communities and Residents) MITCHELL, Simon (City Vision - Community Voice) PAHULU, Mote (Independent) SERPES, Kirk (City Vision - Community Voice) SHERRY, Karen (C & R - Communities and Residents) TEIO, Paul (The Ratepayers of Auckland City) TIZARD, Judith (City Vision - Community Voice) (138 informal votes and 43 blank votes) Votes Received 6,309 19,761 17,824 19,390 10,364 7,475 10,556 5,978 8,375 16,942 7,535 4,008 6,445 20,968 2,822 12,285 I therefore declare Mike BUCZKOWSKI, William CAIRNS, James CARMICHAEL, Paul HUTCHISON and Karen SHERRY duly elected as trustees to the Auckland Energy Consumer Trust. Dated at Auckland, 4 November 2015 Dale Ofsoske, Returning Officer Independent Election Services Ltd for Auckland Energy Consumer Trust Page 14

17 ELECTION OF TRUSTEES 26 October 2018 APPOINTMENT OF SCRUTINEER The Returning Officer Entrust Independent Election Services Ltd PO Box 5135 Wellesley Street Auckland 1141 I..., a candidate for the office of TRUSTEE for the Entrust election being held on Friday 26 October 2018, hereby appoint... as my scrutineer.... Signature of candidate... Date NOTE: This letter must be returned to the returning officer or deputy returning officer no later than 24 hours before the close of voting (ie by 5pm Thursday 25 October 2018).

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19 RETURN OF ELECTORAL DONATIONS AND EXPENSES (Under section 112A of the Local Electoral Act 2001) I, a candidate for, Entrust [Expenditure limit - $70,000] at the election held on 26 October 2018, make the following declaration: PART A: RETURN OF ELECTORAL DONATIONS (inclusive of GST) I, 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 an anonymous electoral donation) that, either on its own or when aggregated with all other donations 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 of the donations;. the date the donation was received or, in the case of aggregated donations, the date that each donation was received. NB: Section 103A Local Electoral Act 2001 defines donation as money or the equivalent of money or of goods or services or of a combination of those things used in the candidate s election campaign over $300 in value. It excludes labour and goods and services that are provided free of charge reasonably valued at $300 or less. NAME and ADDRESS of DONOR DESCRIPTION (include goods or services)* DONATION Date received Amount * set out here if the donation is funded from contributions Total Set out the following details in respect of every anonymous electoral donation received that exceeds $1,500:. the date the donation was received;. the amount of the donation;. the specific election campaign to which the donation was designated (see top of page);. the amount paid to the electoral officer and the date the payment was made. NB: Section 103A Local Electoral Act 2001 defines anonymous as a donation made in such a way that the candidate who receives the donation does not know the identity of the donor, and could not, in the circumstances, reasonably be expected to know the identity of the donor. ANONYMOUS DONATION DESCRIPTION (include goods or services) PAID TO ELECTORAL OFFICER Date received Amount Date paid Amount Please turn page for more Electoral Donations, Electoral Expenses and Declaration Total

20 In the case of any electoral donation funded from contributions, set out the following details in respect of each contribution that, either on it s own or when aggregated with other contributions 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. NB: Section 103A Local Electoral Act 2001 defines contributions as money or goods or services that have been given to a donor to fund, be applied to, or included in an electoral donation (for example, contributions to trust funds or a fundraising collection). NAME and ADDRESS of CONTRIBUTOR DESCRIPTION (include goods or services)* DONATION CONTRIBUTION Date received Amount * set out here the electoral donation this contribution applies to. Total PART B: RETURN OF ELECTORAL EXPENSES (inclusive of GST) I 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 of the 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 was paid;. 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. NAME and DESCRIPTION REASON for EXPENSES EXPENSES PAID Dated at this day of 2018 Signature THIS FORM IS REQUIRED TO BE COMPLETED (EVEN IF IT IS A NIL RETURN) AND PROVIDED TO THE RETURNING OFFICER, C/O PO BOX 5135, WELLESLEY STREET, AUCKLAND 1141, BY 25 DECEMBER Total

21 APPENDIX ONE Campaigning - Advertisements for candidates 113 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 broadcast over any radio or television station, any advertisement that is used or appears to be used to promote or procure the election of a candidate at an election, unless subsection (2) or subsection (4) applies. (2) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if the publication of that advertisement is authorised in writing by the candidate or the candidate s agent or, in the case of an advertisement relating to more than 1 candidate, the candidates or an agent acting for all of those candidates; and the advertisement contains a statement setting out the true name of the person or persons for whom or at whose direction it is published and the address of his or her place of residence or business. (3) A candidate is not responsible for an act committed by an agent without the consent or connivance of the candidate. (4) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if the publication of the advertisement is endorsed by an organisation or body representing residents or ratepayers in the community or district in which the advertisement is published; and the advertisement contains a statement setting out (i) (ii) the true name of the person or persons for whom or at whose direction it is published and the address of his or her residence or place of business; and the true name of the organisation or body that has endorsed the publication of the advertisement and the address of the place of business of that organisation or body. (5) This section does not restrict the publication of any news or comments relating to an election in a newspaper or other periodical, or on the Internet, or in any other medium of electronic communication accessible by the public, or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act (6) A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000. Page 19

22 APPENDIX TWO Electoral Donations & Expenses Electoral Donations - 103A Interpretation In 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 a way that the candidate who receives the donation does not know the identity of the donor; and could not, in the circumstances, reasonably be expected to know the identity of the donor contribution, means any thing (being money or the equivalent of money or goods or services or a combination of those things) that makes up a donation or is included in a donation or has been used to wholly or partly fund a donation, and that was given (c) (i) (ii) to the donor; or to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through 1 or more intermediaries, trustees, or nominees); and would have been a donation if it had been given directly to the candidate; and was given in the knowledge or expectation (whether by reference to a trust, an agreement, or an understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation. contributor means a person who makes a contribution and who immediately before making the contribution beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds donation funded from contributions means a donation that is made up of, includes, or is wholly or partly funded from 1 or more contributions donor means a person who makes an electoral donation electoral donation or donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to a candidate, or to any person on the candidate s behalf, for use in the candidate s campaign for election and includes, (i) (ii) excludes (i) (ii) where goods or services are provided to a candidate, or to any person on the candidate s behalf, under a contract or an arrangement at a value that is less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and where goods or services are provided by a candidate under a contract or an arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and the labour of any person that is provided to a candidate free of charge by that person; and goods or services provided free of charge to a candidate, or to any person on the candidate s behalf, that have a reasonable market value of $300 or less receive, in relation to a donation, means to get a donation that has been given or sent by the donor directly; or the donor indirectly, via a transmitter transmitter means a person to whom a donor gives or sends a donation for transmittal to a candidate. Page 20

23 103B Donations and contributions include GST All references to the amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or services donated or contributed. 103C Donations to be transmitted to candidate Every 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. 103D Contributors to be identified (1) This section applies to a donation (other than an anonymous donation) that is made up of, 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 (c) (d) (i) (ii) the fact that the donation is funded from contributions; and the following information about any contribution that, either on its own or when aggregated with other contributions made by the same contributor to the donation, exceeds $1,500 in sum or value: the name of the contributor; and the address of the contributor; and (iii) the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and the total of all of the amounts disclosed under paragraph (iii) in relation to the donation; and 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 entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect. (4) For the purpose of section 112A, any amount given back by a candidate under subsection (3) is taken not to have been received by the candidate. 103E 103F Offence relating to contravention of section 103D A donor who fails to comply with section 103D with the intention of concealing the identity of any or all of the contributors commits an offence and is liable on conviction to a fine not exceeding $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, the transmitter must disclose to the candidate the fact that the donation is transmitted on behalf of the donor; and the name and address of the donor; and (c) whether section 103D applies to the donation and, if so, all information disclosed by the donor under subsection (2) of that section. (2) Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1), then the donation must be treated as an anonymous donation. 103G 103H 103I Offence relating to contravention of section 103F A transmitter who fails to comply with section 103F(1) with the intention of concealing the identity of the donor or any or all of the contributors commits an offence and is liable on conviction to a fine not exceeding $5,000. Disclosure of identity of donor If any person involved in the administration of the affairs of a candidate in relation to his or her election 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 103H A person who fails to comply with section 103H with the intention of concealing the identity of the donor commits an offence and is liable on conviction to a fine not exceeding $5, J Anonymous donation may not exceed $1,500 (1) If an anonymous donation exceeding $1,500 is received by a candidate in relation to an election 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 that campaign 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 seeking election to more than 1 office, the candidate must designate 1 election campaign for election to 1 office for which the donation will be used; and Page 21

24 APPENDIX THREE: Election Signs & Approved Election Signs Sites List of Approved Election Signs Sites (as at November 2017) (Note 1. these are Auckland-wide, and not specific to Entrust boundaries) 2. if a site does not appear to be available, or has physically changed, please contact Auckland Transport on (09) ) Page 22

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34 APPENDIX FOUR Election Offences Election Offences 121 Illegal nomination, etc Every person commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, who- (c) consents to being nominated as a candidate for an elective office, knowing that he or she is incapable under any Act of holding that office; or signs a nomination paper purporting, to nominate as a candidate a person who is, to the knowledge of the person signing, incapable under any Act of holding that office; or signs a nomination paper purporting to nominate another person as a candidate knowing that he or she is not qualified to vote at the election of the person named in the nomination paper as the candidate. 122 Interfering with or influencing voters Every person commits an offence, and is liable on summary conviction to a fine not exceeding $5,000, who- (c) interferes in any way with any person who is about to vote with the intention of influencing or advising that person as to how he or she should vote; prints, publishes, distributes, or delivers to any person (using any medium or means of communication) a document, paper, notice, or message, being or purporting to be an imitation of any voting document to be used at the election or poll that,- (i) (ii) (iii) 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 for whom any person should vote; in the case of a poll, includes a statement or indication as to how any person should vote; in any way contains or suggests any such direction or indication or other matter likely to influence how any person votes. prints, publishes, or distributes any instruction on the method of marking the voting document that differs in any material way from the instructions required by this Act or any regulations made under this Act to accompany the voting document. (2) Despite subsection (1), 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 is printed- the names of all or any of the candidates and the elective offices for which they are candidates (with or without the name of the organisations or groups to which those candidates are affiliated, and including those who are independent); and nothing else. (3) Nothing in this section applies to- any official statement or announcement made or exhibited under the authority of this Act or regulations made under this Act; or any candidate profile statement, published, displayed or distributed under the authority of this Act or regulations made under this Act. 123 Offences in respect of official documents (1) Every person commits an offence who- intentionally removes, obliterates, or alters any official mark or official writing on any voting document, or other official document used at an election or poll; intentionally places any mark or writing that might be mistaken for an official mark or official writing on any voting document, or other official document used at an election or poll; Page 32

35 (c) (d) (e) (f) forges, counterfeits, fraudulently marks, defaces, or fraudulently destroys any voting document, or other official document used at an election or poll, or the official mark on that document; supplies, without authority, a voting document to any person; obtains or has possession of any voting document, other than one issued to that person under this Act or any regulations made under this Act for the purpose of recording his or her vote, without authority; intentionally destroys, opens, or otherwise interferes with any ballot box or box or parcel of voting documents without authority. (2) Every person who commits an offence against subsection (1) is liable on conviction on indictment,- in the case of an electoral officer or other electoral official, to imprisonment for a term not exceeding 2 years; in the case of any other person, to imprisonment for a term not exceeding 6 months. 124 Voting offences Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years, who- 125 Bribery votes or applies to vote more than once at the same election or poll; or without authority removes, deletes, or otherwise interferes with any voting document, or other record of a vote that has been cast. (1) Every person commits the offence of bribery who, directly or indirectly, on that person s own or by another person,- (c) (d) (e) (f) (g) gives, lends, agrees to give or lend, offers, promises, or promises to obtain any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, in order to induce any elector to vote or refrain from voting; or gives or obtains, agrees to give or obtain, offers, promises, or promises to obtain or to try to obtain any office or place of employment to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, in order to induce the elector to vote or refrain from voting; or corruptly does any act referred to in paragraph or paragraph on account of an elector having voted or refrained from voting; or makes any gift, loan, offer, promise, or agreement referred to in paragraph or paragraph for, or with, any person in order to induce that person to obtain or try to obtain the election of any person or the vote of any elector; or upon or as a consequence of any gift, loan, offer, promise, or agreement referred to in paragraph or paragraph obtains, or tries to obtain, the election of any person or the vote of any elector; or advances or pays, or causes to be paid, any money to or for the use of any other person, intending that that money or any part of it will be used for bribery at any election or poll; or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly used for bribery at any election or poll. (2) An elector commits the offence of bribery if,- before or during the voting period at the election or poll, he or she, directly or indirectly, on his or her own or by another person, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing, to refrain from voting; after the voting period at the election or poll, he or she directly or indirectly, on his or her own or by another person, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting. (3) Every person who commits bribery is liable on conviction on indictment to imprisonment for a term not exceeding 2 years. 126 Treating (1) Every person commits the offence of treating who corruptly before, during, or after an election 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 for the purpose of influencing, that person or any other person to vote or refrain from voting; or Page 33