Dear Electoral Officer,
I don’t think you understand the gravity of the situation. Simpson Grierson, Kāpiti Coast District Council (KCDC) legal advisers, have informed Council that
2013 Local Government Elections – Irregularities in Kāpiti Coast District Election Process – Open Letter
> where the Council is required to use its legal name (eg: because legislation requires it), Kāpiti should be spelt without a macron. This is because the Local Government Act 2002 (LGA) provides the legal names for all territorial and regional authorities. Section 23(3) of the LGA provides that “A territorial authority that is a district council must be described as the “name of district District Council””
<. In your other role with KCDC you must be aware that KCDC continually breach this regulation with virtually all official documents they have issued over the last triennium.
Whilst you confirm that as electoral officer you are not subject to directions from the Council, it is not within your jurisdiction to unilaterally decide on inserting a macron into the name of our Territorial Authority simply because it suits your personal opinion. Of more relevance is the fact that local iwi Ngāti Toa has confirmed to the NZ Geographic Board that the place name Kāpiti is not spelt with a macron.
A nomination paper is a formal document and thankfully the body of the paper shows our correct Territorial Authority name. However, the invalid logo does not comply with our Territorial Authority name as listed in Local Government Act 2002 No 84 (Schedule 2). The documents therefore do not meet all statutory requirements for nomination papers, as set out in the Local Electoral Act 2001.
The Candidates’ Handbook and electoral web pages on Council’s website are formal documents to assist prospective candidates during the electoral process. As already stated in paragraph two above, it is not within your jurisdiction to unilaterally decide that the formal legal name of our Territorial Authority can be altered to appease the current Council. This is definitely in breach of Section 14(1) of the Local Electoral Act 2001.
I wish to follow a legitimate process during these 2013 Local Elections and thus require the changes already specified below to be adhered to immediately. For the already completed nomination papers to comply with legislation, they need to be re-issued without a macron in the logo (or remove the logo altogether). Failure to do this will force me to lodge a formal complaint through the appropriate channels. I am certain that none of the candidates would want that to happen and they too would want to follow correct procedure by re-submitting a legal nomination paper.
NOTE: I have copied those candidates already listed on the local electoral web page so that they are fully aware of the serious threat you are placing upon their nomination.
It may be pertinent for you to seek urgent advice from Simpson Grierson if you intend to continue with the actions you have relayed back to me.
Please advise when a legitimate nomination paper is available for me to download. The clock is still ticking.
Martin Warriner
Paraparaumu Beach
