22 JULY NEW ZEALAND GAZETTE 2009

shall be transferred, but no votes of any other candidate shall be transferred to that candidate.

(3) If the number of votes obtained by a candidate is increased to a number which is equal to the quota by a transfer, the voting papers on which such votes are recorded shall be set aside as finally dealt with.

(4) Where the number of votes obtained by a candidate is increased to a number which exceeds the quota by a transfer, that surplus shall be transferred to the candidates next in the order of the respective preferences of the voters, in the following manner—

(a) the voting papers on which are recorded the votes obtained by the elected candidate after the last transfer shall be re-examined, and the number of third, or, in the case provided for in rule I to this Schedule, next consecutive preferences recorded for each unelected candidate counted; and

(b) the surplus of the elected candidate shall be divided by the total number of voting papers mentioned in paragraph (a), and the resulting fraction shall be the transfer value; and

(c) the number of third or other preferences, ascertained in accordance with paragraph (a) as having been recorded for each unelected candidate, shall be multiplied by the last mentioned transfer value; and

(d) the resulting number, disregarding any fractional remainder, shall be credited to each unelected candidate, and added to the number of votes previously obtained by that candidate.

E Lowest Polling Candidate—(1) Where, after the first preferences have been counted and all surpluses, if any, have been transferred, no candidate, or fewer than the number of candidates required to be elected, has or have obtained the quota, the candidate who, at that time, is lowest on the poll, shall be excluded, and all the votes obtained by that candidate shall be transferred to the candidates next in the order of the respective preferences of the electors, in the same manner as provided by rule D (4) to this Schedule.

(2) (a) The votes obtained by an excluded candidate as first preferences shall be transferred first.

(b) The transfer value of each of those votes shall be ‘1’.

(3) The other votes of an excluded candidate shall then be dealt with in the order of the transfers in which, and at the transfer value at which, they were obtained.

(4) Each of the transfers which takes place under subclauses (2) or (3) of this rule shall be deemed for all purposes to be a separate transfer.

F Transfer of Votes—(1) If the number of votes obtained by a candidate is increased to a number which is equal to, or exceeds, the quota by a transfer, the candidate shall be declared elected.

(2) If subclause (1) of this rule applies, notwithstanding the fact that the candidate may have reached the quota, the transfer shall be completed, and all the votes to which the candidate is entitled from the transfer shall be transferred, but no other votes shall be transferred to that candidate.

(3) If the number of votes obtained by a candidate is increased to a number of votes which is equal to, but does not exceed, the quota by a transfer, the voting papers on which those votes are recorded shall be set aside as finally dealt with.

(4) If the number of votes obtained by a candidate is increased to a number which exceeds the quota by a transfer, the surplus shall be transferred to the candidates next in the order of the respective preferences of the electors in the same manner as provided by rule D (4) to this Schedule, but that surplus shall not be dealt with until all the votes of the excluded candidate have been transferred.

(5) If a surplus exists, it shall be dealt with before any other candidate is excluded.

G Transfer of Votes of Excluded Candidates—The process of excluding the candidate who has polled the next lowest number of votes at the election and transferring to other candidates the votes of the excluded candidate shall be repeated until all the candidates, except the number required to be elected, have been excluded, and the non-excluded candidates who have not already been declared elected shall then be declared elected.

H Candidates with Equal Numbers of Votes—If it becomes necessary to exclude a candidate, and 2 or more candidates having the same number of votes are at the time, the lowest on the poll, then whichever of those candidates was recorded as having the lowest number of votes at the last count or transfer at which they had an unequal number of votes shall be excluded first, and if those candidates have had an equal number of votes at all preceding counts or transfers, the candidate to be excluded first shall be decided by lot.

I Order of Preferences—In determining which candidate is next in the order of preference of an elector, any candidates who have been declared elected or who have been excluded shall not be considered, and the order of the preference shall be determined as if the names of those candidates had not been on the voting paper.

J Exhausted Voting Papers—(1) If on a voting paper there is no candidate opposite whose name a number is placed, other than a candidate who has already been either declared elected or excluded, the voting paper shall be set aside as exhausted.

(2) Where the preference of an elector has been indicated in any way other than solely by the use of numbers the voting paper shall be set aside as exhausted after the counting of—

(a) the first preference indicated by the voting paper, if ‘1’ is the only number used; or

(b) the preferences indicated by a sequence of numbers beginning with ‘1’.

(3) If the same number is recorded opposite the name or more than one candidate or if a number within the sequence of preferences indicated is missing, the voting paper shall be set aside as exhausted immediately before preferences indicated by that number are considered.

K Illustration of Recount Principle—The recount principle for filling vacancies can be illustrated by referring to the following scenario: if an elector had in the original election cast his or her first preference for the vacating member, cast his or her second preference for a candidate who declined to be considered as a candidate for election in the recount, and cast his or her third preference for a candidate either who was originally elected or who was originally unsuccessful but who still wished to be considered as a candidate for election in the recount, then that elector’s third preference would in the recount be counted as the equivalent of a first preference vote. Surplus votes will flow through vacating members and non-candidates in a similar manner.