Circular 2005/08: School Board of Trustees Employees Standing for Election

Date: 28 June 2005
Circular Number: 2005/08
Category: Industrial Relations

School Board of Trustees Employees Standing for Election to Parliament

This circular is about: Requirements under the Electoral Act 1993 for employees in the state sector (including the Education service) standing for election to Parliament.

The action required is: Bring to the attention of boards of trustees, principals and other employees of boards of trustees.

It is intended for: Boards of trustees, principals and other employees of all state and state integrated schools.

For further Information: Contact the Industrial Relations Unit by email: industrial.relations@minedu.govt.nz.

Introduction

This circular summarises the requirements set out in the Electoral Act 1993 in relation to school employees standing for election to Parliament.

General Information

Employees of boards of trustees are considered to be state servants for the purposes of the Electoral Act 1993 and are entitled to stand for election to Parliament, subject to the provisions of the Electoral Act. The employee must notify their board of their intention to stand for election.

Employees of boards of trustees standing for election to Parliament must take leave, at a minimum, from nomination day to the first working day after polling day. Nomination day is a day between 20 and 27 days (generally 25 days) before an election and will be notified by the returning officer.

The period of leave may commence before nomination day, after consultation with the employee, where the board of trustees believes that the candidacy will materially affect the ability of that employee to carry out satisfactorily his or her duties.

Employees on leave for election purposes cannot carry out any normal work duties or receive remuneration, except any annual leave or other leave entitlement which may be owing.

An employee who is elected is in most circumstances deemed to have vacated office. There is a limited exception where a person has been elected and is no longer the successful candidate after their election has been declared void. Provided certain prerequisites are complied with, the person may be reinstated.

Set out below are relevant excerpts from the Electoral Act 1993

52. Candidacy and election of State servants
2. Any State servant who desires to become a candidate for election as a member of Parliament shall be placed on leave of absence for the purposes of his or her candidature.
3. Subject to subsection (4) of this section, the period of leave shall commence on nomination day, and, in the event of his or her nomination as a constituency candidate or of the inclusion of his or her name in a list submitted under section 127 of this Act, shall continue until the first working day after polling day, unless, in any case where he or she is a constituency candidate, he or she withdraws his or her nomination.
4. Where the employer of any State servant is satisfied that the State servant desires to become a candidate and that the candidacy will materially affect the ability of that State servant-
1. To carry out satisfactorily his or her duties as a State servant; or
2. To be seen as independent in relation to particular duties,-

the period of leave shall, if the employer so determines after consultation with the State servant, commence before nomination day on a day appointed by the employer.

5. During the period of his or her leave, the State servant shall not be required or permitted to carry out any of his or her official duties, nor shall he or she be entitled to receive any salary or other remuneration as a State servant in respect of that period or any part thereof, except to the extent to which he or she takes during that period any leave with pay to which he or she is entitled:
53. Members disqualified from being State servants
2. If any State servant is elected as a member of Parliament, he or she shall forthwith on being declared so elected, be deemed, subject to subsections (3) to (6) of this section, to have vacated his or her office as a State servant

Issued by:

Chris Collins
Senior Manager Industrial Relations

National Office
45 - 47 Pipitea Street, Thorndon
P O Box 1666, Wellington, New Zealand
Phone: 0-4-463 8000
Fax: 0-4-463 8001
www.minedu.govt.nz