2182 NEW ZEALAND GAZETTE No. 82

order of preference, by writing as a minimum “1” next to the name of the most preferred candidate, and then “2” next to the name of the second most preferred candidate, “3” next to the name of the third most preferred candidate and “4” next to the name of the fourth most preferred candidate and so on:

(2) Each candidate may, by notice in writing to the Returning Officer, appoint one scrutineer to be present when the envelopes containing the voting papers of the election in which he or she is a candidate are opened and the votes counted. If no scrutineer is nominated by any candidate as invited, the Returning Officer shall appoint one scrutineer to be present at the opening and counting of the votes:

(3) (a) Envelopes sent in by voters shall be opened and ballot papers validated against the Electoral Roll (by electronic means as necessary) to ensure that only those eligible to vote have done so, and

(b) Voting preferences shall then be entered on the database ready for electronic counting when the poll has closed, and

(c) All informal votes shall have been rejected.

(4) A voting paper shall be rejected as informal—

(a) if it had not been received by the Returning Officer by the time of the closing of the poll; or

(b) if it does not clearly indicate the candidate or candidates for whom the elector desires to vote; or

(c) if it contains any means (other than electronic code) by which the name of the voter may be identified; or

(d) if the number “1” is marked opposite the name of more than one candidate; or

(e) if the number “1” is not marked opposite the name of one candidate.

(5) When the poll has closed and all valid votes have been entered in the database, the Returning Officer (or agent appointed by the Returning Officer for the purpose of counting votes, to be known as the Counting Officer) shall count the votes recorded in the ballot papers received by him or her after rejecting informal ballot papers (by electronic means as necessary) and the required number of candidates, taking into account preferential votes according to the rules set out in the Schedule to these rules, shall be elected.

11. Declaration—The Returning Officer shall cause to be published in the Gazette, as soon as practicable after the date upon which the election is held, a rank ordered list of candidates, indicating which candidates have been elected.

12. Returning Officer to be sole judge of regularity of election—(1) 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) A ballot paper or an addressed envelope was not forwarded to any voter; or

(b) A ballot paper from any voter was not received by the Returning Officer; or

(c) A ballot paper prepared by the Returning Officer was irregular in form; or

(d) Any vote was irregularly cast; or

(e) Any other irregularity occurred in connection with any election, unless in the opinion of the Returning Officer any such irregularity materially affected the result of the election and occurred otherwise than in good faith.

(2) If any election is called in question under subclause (1) of this rule, including any extraordinary circumstance where the electronic database of voting preferences is corrupted during entry or counting of the votes, by events outside the Returning Officer’s control, the Returning Officer shall either—

(a) Recount the votes after—

(i) Including any vote that was not previously counted due to the irregularity; and

(ii) Rejecting any vote that was irregularly cast; and

(iii) Rejecting any informal ballot papers; or

(b) If the Returning Officer considers it necessary, declare the election void and arrange for another election to be held.

(3) Any person who is elected to be a member of the Council as a result of a recount of votes in accordance with subclause (2)(a) of this rule, but who is not the candidate who is finally elected, shall be deemed not to be elected.

(4) If the irregularity occurred by reason of any registered medical practitioner acting otherwise than in good faith, the Returning Officer may report the matter to the President of the Council.

13. Commencement of office—Every person elected to be a member of the Medical Council shall come into office on the day after the publication in the Gazette of the results of the election, such publication to be not more than 15 working days after the date of the election.

14. Filling of vacancies—(1) If the seat of an elected Council member becomes vacant before the expiry of the member’s term of office, the Council shall instruct the Registrar to—

(a) Leave the seat vacant; or

(b) appoint as an elected member the candidate who would have been the next successful candidate amongst those who were unsuccessful in the last election of Council members.

(2) The term of office of a member appointed under subclause (1)(b) of this rule expires when the former Council member’s term would have expired.

15. Notices to be sent to address in register—Every notice required to be sent to a registered medical practitioner pursuant to rule 6 of these rules, and every ballot paper required to be sent to a registered medical practitioner pursuant to rule 9 of these rules, shall be sent to the medical practitioner at his or her address set out in the register.

Schedule

Rules for Counting the Votes

A Counting First Preferences—

(1) The number of first preferences recorded for each candidate shall be counted.

(2) The aggregate number of first preferences so recorded shall be divided by one more than the number of candidates required to be elected, and the quotient increased by one, disregarding any remainder, shall be the quota, and (except as provided in rule G of this Schedule), a candidate who does not obtain a number of votes equal to or greater than the quota shall not be elected.

(3) A candidate who has, after the first preferences have been counted, a number of such preferences equal to or greater than the quota shall be declared elected.

B First Preferences Equal to or in Excess of Quota—

(1) If the number of first preferences obtained by a candidate is equal to the quota, the whole of the voting papers on which a first preference is recorded for that candidate shall be set aside as finally dealt with.

(2) If the number of first preferences obtained by a candidate is in excess of the quota, the proportion of those preferences in excess of the quota shall be transferred to the other candidates not yet declared elected, next in the order