Election 2020

1. The impact of COVID-19

The lockdown has reduced our ability to send private notices (letters) to all adult registered members.
These notices provide members with valuable information about the election and how you can participate to the fullest extent possible.

Unfortunately, during the lockdown we cannot send these notices to your postal address; so they will be sent through email instead.

2. The purpose of Te Korowai

Te Korowai o Ngāruahine Trust (Te Korowai) is the Post Settlement Governance Entity for Ngāruahine iwi, established in 2013 as part of the Ngāruahine treaty settlement process. As the mandated entity for Ngāruahine, Te Korowai manages the settlement assets and carries out the objectives of the Trust as listed in the Trust Deed. Once elected to the Board, Trustees must act in the interests of the entire iwi.

a. Purpose
The objects of Te Korowai that are led by the Board are:

    • to give effect to the Ngāruahine settlement legislation;
    • to hold and apply the treaty settlement in accordance with the provisions of the Trust Deed;
    • to perform the functions of a Mandated Iwi Organisation and Iwi Aquaculture Organisation in accordance with the Māori Fisheries Act and the Māori Aquaculture Act respectively;
    • to exercise strategic governance over the Trust entities and manage prudently the affairs, business activities, assets and liabilities of Te Korowai;
    • to be the voice and representative body for Ngāruahine iwi;
    • to foster and promote amongst members of Ngāruahine spiritual values, unity, support and cooperation, recognition of traditional customs and values and physical, social and economic wellbeing and advancement; and
    • to carry on any other objectives which may be carried on in connection with the above objects or which may directly or indirectly achieve those objects.


b. Board Member Accountability

Te Korowai values trustees who have strong and active relationships with their hapū and marae. Therefore, Te Korowai encourages and supports all trustees to report to their hapū electorate using the information approved by the Board. By attending hapū meetings, trustees can facilitate opportunities for their whānau to discuss important kaupapa and then advocate for those aspirations at the Board table.

However, once elected, trustees are required to act in the interests of the entire iwi, not just the hapū electorate from which they were elected.

c. Term of Office

Trustees are elected for a three-year term and can be removed from office prior to the expiry of their term if they fail to comply with the behaviour required of trustees by the Trust Deed and Board Charter.

d. Board Quorum and Voting
A quorum at a board meeting will be a majority of trustees. Voting is usually by way of consensus however, where due consideration is required, voting is by a simple majority.

e. Remuneration and Allowances
Trustees receive $12,000 per annum to perform their duties as a Board member. This includes attending the Annual General Meeting and any other meeting called by the Pouwhakarae (Chair) of Te Korowai.

Additional fees are paid to the Pouwhakarae and the Chairs of Te Ohu Arotake (Audit and Risk) and Te Arohaehae Hautū (Pouhautū Performance Management) sub-committees. Remuneration is considered sufficient to compensate for any leave Trustees may be required to take to attend Te Korowai Board meetings.

f. Travel Expenses
Trustees’ actual travel costs are reimbursed for travel within New Zealand.  If any trustee resides outside of New Zealand they will be eligible for any domestic expenses incurred e.g. travel from Auckland to Hāwera, but not for any international travel components e.g. Brisbane to Auckland.

3. Good Governance

Te Korowai’s board continues to develop their governance skills and trustees are expected to develop their governance capability themselves by attending programmes like those offered by the Institute of Directors, organised and paid for by Te Korowai.

Trustees must uphold the Trust Deed, Code of Conduct and organisational policies.  Trustees must also read the meeting packs and participate in discussions of the Board.  While trustees are elected through a hapū electorate, when they attend board meetings, trustees must make decisions for the benefit of all Ngāruahine uri. 

Te Korowai’s Board has delegated specific functions to sub-committees or subsidiaries.  This includes separating governance and management and allowing the different parts within the Te Korowai group to perform the role delegated to them.

4. Voting by Hapū Electorate

All adult registered members select one hapū from all the hapū they whakapapa to, as their primary hapū electorate.  Members can only nominate from, stand for and vote in their primary hapū electorate.  Of the 12 trustees appointed to the Board, members can only vote for a maximum of two candidates from their hapū electorate. 

There are 12 trustees appointed to the Board, two from each hapū electorate, of which there are six.  They are:

  • Kānihi-Umutahi Hapū Electorate
  • Ōkahu-Inuāwai Hapū Electorate
  • Ngāti Manuhiakai Hapū Electorate
  • Ngāti Tū Hapū Electorate
  • Ngāti Hāua Hapū Electorate
  • Ngāti Tamaahuroa me Titahi Hapū Electorate

Members can change their primary hapū electorate before 1 May 2020.  After this date, members can only participate in this election according to their primary hapū electorate as indicated in their registration details.

5. Key Election Dates

The Returning Officer is responsible for maintaining the strict election timetable. Therefore, no extensions or exceptions will be considered by either the Returning Officer or Te Korowai’s Pouhautū.

For this reason, candidates standing for this election are encouraged to submit their nomination papers early to give the Returning Officer time to check that they are correct. Incomplete or incorrect nomination papers received on the last day leave very little time for the Returning officer to contact the candidate to rectify this situation.

Phase

Activity

Key Date

Phase 1 – Change of electorates

Private notice to change hapū electorates

Changing electorates closes

First public notice calling for nominations

Wednesday, 8 April 2020

Friday, 15 May 2020

Saturday, 2 May 2020

Phase 2 – Nominations open

Nominations open

Nominations close

Second Public Notice
Advising if candidates are elected unopposed or if a full election is required

Monday, 4 May 2020

Tuesday, 2 June 2020

Saturday, 17 June 2020

Phase 3 – Election

Voting opens

Ballot box available

Voting closes

Friday, 15 July 2020

Saturday, 8 August 2020

Wednesday, 12 August 2020

Phase 4 – Appointment to the Board

Trustees appointed:

– If a review is not required
– If a review is requested

Election review deadline opens

Election review deadline closes

Election review to be completed

 

20 August 2020
9 October 2020

Friday, 21 August 2020

Friday, 4 September 2020

Friday, 2 October 2020

Phase 1 – Change of electorates

Private notice to change hapū electorates – Wednesday, 8 April 2020

Changing electorates closes – Friday, 15 May 2020

First public notice calling for nominations – Saturday, 2 May 2020

Phase 2 – Nominations open

Nominations open – Monday, 4 May 2020

Nominations close – Tuesday, 2 June 2020

Second Public Notice
Advising if candidates are elected unopposed or if a full election is required – Saturday, 17 June 2020

Phase 3 – Election

Voting opens – Friday, 15 July 2020

Ballot box available – Saturday, 8 August 2020

Voting closes – Wednesday, 12 August 2020

Phase 4 – Appointment to the Board

Trustees appointed:

  • If a review is not required – 20 August 2020
  • If a review is requested – 9 October 2020

Election review deadline opens – Friday, 21 August 2020

Election review deadline closes – Friday, 4 September 2020

Election review to be completed – Friday, 2 October 2020

Independent Returning Officer

Te Korowai has appointed electionz.com, a Christchurch-based company which has run all previous Ngāruahine elections, as the Returning Officer. They have considerable experience conducting elections throughout New Zealand.

The role of the Returning Officer is to conduct the election in accordance with Te Korowai’s Trust Deed, any presiding acts and regulations, as well as in accordance with standard election management practices.

Te Korowai will manage phase 1 – changing electorates, then the Returning Officer has complete control over the rest of the election process.  The Returning Officer is engaged by Te Korowai and is responsible to the Pouhautū. The Returning Officer does not take direction from any existing trustee or potential candidate.

The Returning Officer is responsible for all staff, systems, resources, policies, procedures and actions to ensure that the democratic process is carried out with the utmost integrity, security and fairness for all parties.

Queries regarding the actions or performance of the Returning Officer should be directed to the Pouhautū, Allie Hemara-Wahanui. The Pouhautū is overseen, in a governance capacity, by the independent member of Te Ohu Arotake in relation to elections.

Election Phases

Te Korowai is responsible for administering phase 1, while the Returning Officer has complete control over phases 2, 3, 4 and 5.

Phase 1 – Changing Electorates

8 April 2020 Changing electorates opens
1 May 2020 Changing of electorates closes

a. Private Notice
Normally all adult registered members would receive, via NZ Post, a private notice (or letter) asking members to check their contact details.  This is also the time a member can change their primary hapū electorate, which closes on 15 May 2020.

During the Level 4 COVID-19 lockdown, Te Korowai cannot send private notices and other election pānui to members through NZ Post.  Therefore, all notices will be sent by email instead.

b. Email Addresses
Please ensure that Te Korowai has your correct contact details and email address.  If you have any concerns please contact us, or click here to update your contact details electronically.

Phase 2 – Nominating Candidates

4 May 2020 Nominations Open
2 June 2020 Nominations Close

a. Eligiblity

To be elected, a candidate must:

(a) At the closing date of nominations, be recorded in the Te Korowai o Ngāruahine Iwi Register as an Adult Registered Member
(b) Be endorsed by five adult members from the same hapū electorate; and
(c) Not:

      1. Be bankrupt, or have within five years been adjudged bankrupt;
      2. Have been convicted of an offence involving dishonest as defined in section 2(1) of the Crimes Act 1961 (unless that person is an eligible individual for the purposes of the Criminal Resources (Clean Slate) Act 2004);
      3. Be or have been disqualified from being a director of a company registered under the Companies Act 1955 or the Companies Act 1993;
      4. Be or ever have been removed as a trustee by a trust or order of Court on the grounds of breach of trust, lack of competence or failure to carry out the duties of a trustee satisfactorily;
      5. Be physically or mentally incapacitated to the extent that he or she is unable to perform the duties of a trustee;
      6. Be subject to a property order made under section 30 or 31 of the Protection of Personal Property Rights Act 1988;
      7. Have been convicted in the last 10 years of an offence punishable by more than three years imprisonment (unless that person is an eligible individual for the purposes of the Criminal Resources (Clean Slate) Act 2004); and
      8. Have been removed as a trustee under paragraph 6 (Removal of the Trustee) of this Schedule within the past three years. 

b. Application Process

Candidates must complete the official nomination form, and Ministry of Justice Criminal Convictions check. Staff and members of Te Korowai’s Membership Committee cannot endorse candidates.

Candidates are encouraged to self-assess whether they will pass the criminal conviction check before submitting their nomination.  If, during the election and even after a candidate is appointed to the Board, it is found that a candidate does not pass the conviction check, the candidate will be removed and the next highest polling candidate appointed.  This process will be implemented in the public domain.

c. Lodgement of Nomination Papers

Nomination papers must be in the hands of the Returning Officer, at the offices of electionz.com no later than 5pm, Tuesday 2 June 2020. Nominations received after the closing deadline are invalid and will not be processed.

To ensure that completed nomination papers are received and processed in time they must be scanned and emailed to nominations@electionz.com. Te Korowai’s office can assist you with this prior to this deadline, on the condition that Aotearoa is not under a COVID-19 lockdown.

Once lodged, nomination papers are checked by the Returning Officer to ensure that the candidate and nominators:

    • are registered adult members of Te Korowai
    • and that candidate and nominators are registered with the same primary hapū electorate.

It is the responsibility of the candidate to ensure that the five members nominating their application are also registered in the same hapū electorate.  Those nominating a candidate are encouraged to contact Te Korowai to confirm their hapū electorate.

Please do not leave lodging your nomination until the last minute. Should a nomination paper contain errors or cannot be read, it could leave the candidate with insufficient time to correct the situation and therefore ineligible to stand for the election.

All candidates will receive an email from the Returning Officer advising that:

    • their nomination paper has been received and
    • it is being verified to determine eligibility for the election; or
    • more information is required and must be received before nomination period closes.

d. Process after the close of nominations

The election timetable includes 10-working days for the Returning Officer to check the candidate’s eligibility and obtain criminal record checks. The Returning Officer will also check that the five-people endorsing the candidate are eligible to endorse that candidate for the hapū electorate the candidate is standing for.

If the Returning Officer cannot complete the check of the candidate’s eligibility within this timeframe, the candidates will be permitted to stand, and the matter of eligibility will be dealt with after the vote.  If the highest polling candidate is found to be ineligible to be a trustee of Te Korowai, then the next highest polling eligible candidate will be elected.

If only two valid nominations have been received, then an election will not be required and the Returning Officer will declare, by Public Notice, the candidates who have been elected unopposed.  All candidates, whether elected unopposed or having to go through a full election, will begin their three year term on the same date. 

e. Attending a Hapū hui

Candidates may be invited to attend a hui for the hapū electorate they are standing for.  Te Korowai will connect candidates to the hapū executive.  Attending these hui are optional and not a formal part of the election process.  However, they are a good opportunity to introduce yourself to others who will be voting in the election.

 

Phase 3 – Election

15 July 2020 Voting opens
8 August 2020 Ballot box available
12 August 2020 Voting closes
20 August 2020 Election results published and trustees appointed (subject to any review being requested)

    • Only adult registered members can vote
      Voting papers will be sent to all adult registered members with valid addresses.  Members can only vote for candidates standing for the hapū electorate they are a member has identified as their registration details.

      Members can cast their vote online, or return their voting paper using the envelope provided to the Returning Officer.  Members can also submit their vote in person to the Ballot Box on Saturday, 8 August 2020.  Voting instructions will be included on the voting paper if the Government COVID-19 lockdowns are still in place.

    • Verifying membership to Te Korowai
      Te Korowai maintains an iwi register, held in accordance with the Privacy Act 1993. The Iwi Membership Committee is responsible for ensuring those registering with Te Korowai have Ngāruahine whakapapa.

      If the committee cannot verify a new members whakapapa to Ngāruahine, the applicant will be invited to provide more information and must supply this information before 5pm Wednesday, 8 August 2020. The Returning Officer will only count voting papers from adult registered members.

    • Voting Process
      The processing of the voting papers is being carried out by electionz.com at its premises at 3/3 Pukaki Road, Christchurch. Voting papers should be returned in the reply Freepost envelope to the Returning Officer.

      It is expected that the final election results will be available on Thursday, 20 August 2020. The Returning Officer will email or phone candidates with election results as soon as possible after the official election result has been received by the Board.

Phase 4 – Appointment to the Board

20 August 2020 Trustees appointed, if a review is not required; or
9 October 2020 Trustees appointed, if a review is required

Timeframe if a review is required:
21 August 2020 Election review opens
4 September 2020 Election review closes
2 October 2020 Election review completed

A candidate may request a formal review of the election at any time within 10 working days after the election results have been published.  If a request is received, Te Korowai will appoint a three person Election Review Committee comprised of an independent elections expect (as recommended by Electionz), an independent member of Te Ohu Arotake (Audit and Risk) and a person who has previously been a trustee or is a current trustee who is not standing for re-election. 

If there is no review, then all trustees are taken as being appointed on the date that the Independent Returning Officer certifies the outcome of the Election (Thursday, 20 August 2020). 

If a review is required, the date of which trustees are taken to be appointed will not be less than five working days after the Election Review Committee notifies the outcome of the review to the Trust, and not more than 25 working days after the appointment of the Electoral Review Committee.