86
THE NEW ZEALAND GAZETTE.
[No. 3

(c) The usual business address of any company being a partnership firm or consisting of two or more persons otherwise in common or jointly entitled or other unincorporated association of persons; and (in each of the foregoing cases) also

(d) The surname, first name, and postal address of the voting representative of the joint elector.

(6) The names of the companies entered on any roll shall be arranged substantially in alphabetical order, and the names so entered shall be numbered consecutively. The name of each voting representative shall be inserted following the name of the relative company without a separate number.

(7) The rolls shall (subject to the provisions of clauses (8) and (9) of this regulation) be closed on a date to be fixed by the Returning Officer and of which the Returning Officer shall give public notice, and shall thereupon be open for inspection for a period of seven days at the office of the Returning Officer during ordinary business hours.

(8) Any person may by notice in writing to the Returning Officer at any time during the said seven days object that the name of any company is incorrectly set out or is wrongly inserted in or omitted from any roll, and the Returning Officer, after making such inquiries as he thinks fit, may alter the roll accordingly, and the decision of the Returning Officer as to any such objection shall be final.

(9) Any company whose name is added to the roll pursuant to clause (8) hereof may at any time within a further seven days after the expiration of the period mentioned in clause (7) hereof appoint a voting representative in manner hereinafter provided, and the name of such voting representative shall be inserted in the roll accordingly.

3. VOTING REPRESENTATIVES.

(1) Every joint elector may appoint a voting representative to vote on its behalf with power also to nominate a candidate on its behalf, and the powers of a joint elector to vote or to nominate a candidate shall be exercised through a voting representative and not otherwise.

(2) The voting representative of every joint elector being a corporate body shall be appointed by instrument under its common seal.

(3) The voting representative of every joint elector, being a partnership firm or consisting of two or more persons otherwise in common or jointly entitled or other unincorporated association of persons, shall be appointed by writing under the firm’s name or under the hands of the partners or persons otherwise in common or jointly entitled or otherwise executed in accordance with the constating document of the association as the case may require.

(4) Every such instrument of appointment shall be delivered or forwarded by post addressed to the Returning Officer who shall cause particulars of the person set out therein to be entered on the roll of electors for the relative ward as hereinbefore provided with an indication of the company on behalf of which or of whom he is authorized to vote.

(5) The decision of the Returning Officer as to the validity of any instrument of appointment shall be final, and no election shall be affected by reason that any person appearing on the roll as authorized to vote on behalf of any company is not in fact so authorized.

(6) If any person so authorized shall die or become in the opinion of the company appointing him incapable of acting, such company may by instrument executed as aforesaid notify the Returning Officer to that effect and appoint in manner aforesaid some other person in his place.

(7) An entry of a voting representative may be made in the roll at any time whether before or after the closing of the roll, and whether before or after the entry on the roll of the name of any company, and so far as it authorizes a nomination or the casting of a vote shall (if subsequently duly made) take effect from the time when the instrument of appointment was executed, and so far as it entails the despatch of a voting-paper, take effect from the time when the entry was made by the Returning Officer.

4. NOMINATIONS.

(1) No person shall be eligible for election as an elective member of the Board unless he has been nominated by one or more companies the names of which appear on the roll compiled under Regulation 2 hereof for the ward in respect of which he is so nominated, and unless by writing in the prescribed form or by letter or telegram to the Returning Officer he has accepted nomination.

(2) The form of nomination shall be in the Form No. 1 in the Schedule hereto or to the like effect.

(3) No company shall be entitled to nominate more than one person as a candidate at any one election.

(4) Nothing in this regulation shall prevent the Returning Officer from accepting a nomination-paper made out in such form as in his opinion is sufficient to identify the candidate and at least one nominator.

(5) The Returning Officer shall by public notice appoint some time as being the last day and hour for receiving nominations of persons for election to the Board at the election to be held next after the coming into operation of the said Act.

(6) If in respect of any ward only one person shall have been nominated for election such person shall be deemed to have been duly elected and shall be declared elected by the Returning Officer by notice under his hand published in the Gazette.

5. POLLS.

(1) If in respect of any ward more than one person shall have been duly nominated for election a poll shall be taken, and the Returning Officer shall cause voting-papers to be printed in the Form No. 2 in the Schedule hereto.

(2) The Returning Officer shall forward by post addressed to each voter at the address appearing on the roll a voting-paper in the said Form No. 2 bearing on its face the consecutive number appearing on the roll against the name of the company to whom or to the voter for whom or for which the voting-paper is forwarded, together with an envelope addressed to the Returning Officer and bearing on its face the same consecutive number.

(3) On proof to his satisfaction by statutory declaration or otherwise that a voter has not received his voting-paper in due course of post, the Returning Officer may issue a further voting-paper to such voter bearing on its face the number aforesaid with an additional distinguishing mark to indicate its issue under this clause, together with an envelope addressed as aforesaid and bearing the same number and distinguishing mark.

(4) The Returning Officer shall, in respect of any poll to be taken in the election to be held next after the coming into operation of the said Act, by public notice appoint the day and hour for the closing of the poll, being not less than twenty-one clear days after the day appointed for the nomination of candidates pursuant to clause (5) of Regulation 4 hereof.

(5) Voting-papers shall be sent by post addressed to the Returning Officer as provided by the said Form No. 2.

(6) No voting-paper shall be valid unless it is received by the Returning Officer in the envelope issued with such voting-paper as aforesaid.

(7) No voting-paper shall be valid which is not received by the Returning Officer at or before the time fixed for the closing of the poll.

6. SCRUTINEERS.

Any candidate for election as an elective member of the Board in respect of any ward may by writing under his hand addressed to the Returning Officer and delivered to him not less than two clear days before the closing of the poll appoint a scrutineer for the purposes of the poll.

7. RESULT OF ELECTION.

(1) Forthwith upon the closing of the poll the Returning Officer shall in the presence of such scrutineers as are present compare the numbers on the envelopes with the numbers on the roll for the ward in respect of which the poll is taken, and shall reject any envelope not appearing to him to be issued in connection with the election or not appearing to contain the genuine voting-paper of a company enrolled as an elector.

(2) The Returning Officer shall then open the remaining envelopes and ascertain the number of tonnage votes received by each candidate in accordance with the provisions of section 20 of the said Act.

(3) Where in respect of any ward there is an equality of tonnage votes between any candidates, and the addition of a vote would entitle one of such candidates to be declared elected, the Returning Officer shall give a casting-vote.

(4) Subject to the provisions of section 20 of the said Act and to the foregoing provisions of this regulation the name of the candidate deemed to be elected for any ward shall be declared elected by the Returning Officer by notice under his hand published in the Gazette.

(5) The Returning Officer shall be the sole and absolute judge of the regularity and propriety of all matters connected with any election, and no election shall be called in question on the ground that a voting-paper or an addressed envelope was not forwarded to any voter, or that a voting-paper from any voter was not received by the Returning Officer, or that a voting-paper prepared by the Returning Officer was irregular in form, or that any vote was irregularly cast, or that any voting-paper was wrongly accepted or wrongly rejected, or that the value of any vote expressed in terms of tonnage votes was wrongly computed, or that any other irregularity occurred in connection with any election unless in the opinion of the Returning Officer such irregularity materially affected the result of the election and occurred otherwise than in good faith.