7 JULY 2005

NEW ZEALAND GAZETTE, No. 105

2479

ELECTION NOMINATION FORM

Parent representative / Staff representative / Student representative (circle one)

School Name __

School Profile Number __

Name of person being nominated _____

Contact details of person being nominated

(please print)

Name, address and phone number of person making nomination

Signature of person making nomination ____ Date / /

I declare that I have read and understand the ineligibility criteria for school trustees, under section 103 of the Education Act 1989 (ineligibility criteria are on the reverse of this page), and declare that I am eligible to become a trustee. I hereby consent to the above nomination and declare that all other information that I have listed on this form is true and correct.

Signature of Candidate ____ Date / / ___

NOTE: Unless the person making the nomination is on the roll for the election, the nomination is invalid.

This nomination paper should be posted or delivered to the Returning Officer at:

so that it is received no later than noon on ___.

For statistical purposes only, persons being nominated are requested to complete the following (circle one):

1. Gender:

   • Female
   • Male

2. Previous experience of candidates, are you:

   • a current member standing for re-election
   • a current co-opted or appointed member of any school board of trustees standing for election
   • a person who has not previously been a member of a school board

3. Ethnicity:

   • Which ethnic group or groups do you identify with? (tick up to two boxes)
     • NZ Māori
     • Pasifika
     • NZ European / Pakeha
     • Asian
     • Other

Section 103 of the Education Act 1989 lists the categories of persons who are not eligible to be elected, appointed or co-opted as trustees. The list is set out below.

A person who:

• is mentally disordered (within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992); or
• is an undischarged bankrupt; or
• is prohibited from being a director or promoter of, or being concerned or taking part in the management of, a company under sections 382, 383 or 385 of the Companies Act 1993; or
• is a permanently appointed member of the Board staff, unless they are standing for election as a staff representative; or
• contracts or sub-contracts with the Board without the approval of the Secretary of Education and receives payments exceeding $25,000 in any financial year (this provision is set out in section 103A of the Education Act). This would also cover situations where a person has a 10% or more shareholding in the contracting company or a company that controls the contracting company; or
• is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
• is a person in respect of whom a personal order has been made under that Act that either the person is not competent to manage his or her own property affairs, or does not have the capacity to communicate/make decisions relating to his/her welfare/personal care; or
• is a person who has been convicted of an offence punishable by imprisonment for 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person; or
• is not a New Zealand citizen, and is —
  • a person who is outside New Zealand; or
  • a person who has been in New Zealand unlawfully for a continuous period of 12 months or more; or
  • a person who is the subject of a warrant for deportation or of a removal order under the Immigration Act 1987; or
  • deemed for the purposes of that Act to be a person to whom a permit has been issued that has expired, that has been revoked, or that has been cancelled; or
• is a person who has had their appointment or election as a trustee declared void by the Board.

Section 103B Requirements before Appointment

Before a person is elected, co-opted, or appointed as a trustee, the person must confirm to the governing board that he or she is, to the best of his or her knowledge, eligible to be a trustee, having regard to the grounds of ineligibility in section 103.

No person who has been appointed returning officer for an election of trustees is eligible to be nominated as a candidate in the election.

A student representative is a student (other than an adult student) enrolled full-time in year 9 or above at a school administered by the Board.

For more information about persons ineligible to be trustees, refer to section 103 of the Education Act 1989, or call:

NZSTA Helpdesk 0800 782 435

Please note: This information has been prepared as general advice and it is not intended to be legal advice in relation to any specific circumstances.