Tertiary Students Association Membership Statute

VictoriaUniversity of WellingtonTertiary Students’ Association Statute

Tertiary Students’ Association Membership Statute

Student Policy Group

1.Purpose:

This statute sets out the regulations and procedures under which Victoria University of Wellington will hold a vote on compulsory membership of the University’s Students’ Association as required under the Education Act 1989.

2.Organisational Scope:

This is a University-wide statute.

3.Definitions:

For purposes of this statute, unless otherwise stated, the following definitions shall apply:

Act: The Education Act 1989

Council: The Council of the University

Returning Officer:The Secretary or such other person as the Council appoints

Register:The list of all students compiled for the purposes of a vote

Secretary: The Secretary to the University Council

Student: A person currently enrolled at Victoria University of Wellington

Students’ Association:An association of students recognised by the Council as being the University’s Students’ Association for the purpose of representation on the Council.

University:VictoriaUniversity of Wellington

Vote:A ballot conducted by the Council pursuant to this Statute

4.Statute Content and Guidelines:

4.1Request to Conduct a Vote

(a)A request to conduct a vote must be made in writing to the Secretary and be accompanied by a petition signed by at least 10% (as calculated according to figures provided by the Ministry of Education) of all students enrolled at the University. The petition must be in the prescribed form set out in Appendix 1.

Note: A vote cannot be held more than once every two years.

(b)The Secretary must convey the request to the Council as soon as practicable, together with a recommendation concerning an appropriate time to conduct the vote.

4.2Conduct of Vote

(a)The Council must conduct a vote as soon as practicable following receipt of a request under clause 4.1 of this Statute.

(b)The Council must take reasonable steps to ensure that every vote is conducted in a way that is secure, fair and reasonable.

4.2.1Advertisement of Vote

The Returning Officer shall advertise the vote in such University publications as the Returning Officer sees fit.

4.2.2Register of Students

(a)The Returning Officer shall compile a Register of the names, student identity numbers and addresses of every current student.

(b)Any person who believes that they are eligible to vote but is not on the Register may apply to the Returning Officer to be included on the Register.

(c)Any person who objects to the inclusion of a name on the Register on the grounds that the person does not qualify to be so listed may, by written notice delivered to the Returning Officer, make an objection.

(d)The decision of the Returning Officer on any question relating to the qualification of any person to be on the Register is final.

4.2.3Closing the Register

The Register will close 10 full working days prior to the holding of the vote.

4.2.4Voting Document

(a)The voting document must be in the prescribed form set out in Appendix 2 or in a form of like effect.

(b)The voting document will be issued to every student on the Register by electronic mail.

(c)Upon written request, the Returning Officer shall make available a replacement voting document to any student on the Register if –

(i) the voting document issued to the student has been lost, destroyed, or defaced; or

(ii) no voting document has been issued to that student.

4.2.5Closing of Poll

The poll shall close at a time to be determined by the Returning Officer.

4.2.6Scrutineer

Following a request made before the closing date of the vote, the Returning Officer may appoint an independent scrutineer to be present at the counting of the voting documents. The decision by the Returning Officer on whether or not to appoint a scrutineer is final.

4.2.7Counting of Votes

(a)The votes shall be counted using the method specified by the Returning Officer.

(b)Votes shall be counted as soon as reasonably practicable after the close of voting.

4.2.8Outcome of Vote

(a)A simple majority of votes cast shall determine the outcome of the vote.

(b)The outcome of the vote must be declared as soon as practicable after the closing date but no later than one month after that date.

(c)The Returning Officer must declare the outcome of the vote:

(i)promptly and generally within the University; and

(ii)to the Council at its first meeting after the vote.

(d)The outcome of the vote shall be provisional until the time for a recount has expired or any recount required has been completed.

4.2.9Recount

(a)Any enrolled student who voted may, by notice in writing delivered to the Returning Officer within seven days after the public notification of the outcome, require the Returning Officer to conduct a recount of the votes cast.

(b) An application for a recount in accordance with the above must:

(i)be accompanied by a deposit of $1,000 (which will be refunded if, following a recount of the votes, the declaration of the outcome by the Returning Officer proves to be incorrect); and

(ii)state the grounds upon which the applicant believes that the declaration of the outcome by the Returning Officer is incorrect, and that on a recount of the votes cast it might be found to be different; and

(iii)state the name and address of the applicant.

(c)If the Returning Officer is satisfied that there are reasonable grounds for a recount and that on a recount the outcome of the vote could be different, the Returning Officer must, as soon as reasonably practicable after receiving the application and deposit, arrange for a recount of the votes to be made by such means as he or she thinks fit.

(d)On completion of a recount, the Returning Officer must:

(i)notify the applicant in writing of the outcome of the recount; and

(ii)notify the outcome of the recount in the manner described in section 4.2.8(c) if the original declaration by the Returning Officer is incorrect.

4.2.10Disposal of Voting Documents

The Returning Officer will destroy the voting documents no earlier than three months after the declaration of the outcome to the Council or, where an application for a recount is made, no earlier than three months after the outcome of that recount.

4.3Consequences of Outcome

(a)Where the outcome of a vote is that membership of a students’ association is to be voluntary:

(i)the student representatives serving as members of the Council at the time of the vote will remain on the Council until the end of that year; and

(ii) the Council will, in each academic year following the year in which the vote was held, conduct an election of student representatives on the Council.

(b)Where the outcome of the vote is that membership of a students’ association should be compulsory, student representatives on the Council will be appointed in accordance with the constitution or rules of the association.

5.References:

The Education Act 1989

6.Appendices:

Request and Petition to Conduct a Vote

Voting Documents

7.Approval Agency:

University Council

8.Approval Dates:

This statute was originally approved on:27 August 2001

This version was approved on: 25 June 2007

This version takes effect from:25 June 2007

This statute will be reviewed by:25 June 2010

9.Statute Sponsor:

Secretary to Council

10.Contact Person:

The following person may be approached on a routine basis in relation to this statute:

Christine Turner
Secretary to Council
Ext 5196

Last approved: 25 June 2007Page 1

VictoriaUniversity of WellingtonTertiary Students’ Association Statute

APPENDIX 1

Note:This form is for information only. For a working copy please contact the Secretary to Council, Christine Turner, on 463-5196 or

PETITION TO THE UNIVERSITY COUNCIL TO CONDUCT A VOTE

(under the VUW Tertiary Students Association Membership Statute)

To:

The Secretary to the University Council

We, the undersigned, being at least 10% of all students currently enrolled at Victoria University of Wellington (as calculated according to figures provided by the Ministry of Education) request that the University Council conduct a vote to establish whether

membership of [name of the students’ association] should continue to be compulsory OR membership of [name of the students’ association] should become compulsory(delete one)

Full legal name as

per passport or birth certificate AddressSignature

APPENDIX 2

VICTORIAUNIVERSITY OF WELLINGTON COUNCIL VOTE

ON TERTIARY STUDENTS ASSOCIATION MEMBERSHIP

(Conducted under the VUW Tertiary Students Association Membership Statute)

VOTING DOCUMENT

VOTE TO DETERMINE WHETHER MEMBERSHIP OF THE VICTORIAUNIVERSITY OF WELLINGTON STUDENTS’ ASSOCIATION SHOULD CONTINUE TO BE COMPULSORY

Please mark the box next to the option for which you wish to vote

MEMBERSHIP OF THE VICTORIAUNIVERSITY OF WELLINGTON STUDENTS’ ASSOCIATION SHOULD CONTINUE TO BE COMPULSORY

YES

NO

The Poll will close at [time] on [ date}

OR

VOTE TO DETERMINE WHETHER MEMBERSHIP OF [INSERT NAME OF STUDENTS’ ASSOCIATION] SHOULD BECOME COMPULSORY

Please mark the box next to the option for which you wish to vote

MEMBERSHIP OF [name of students’ association] SHOULD BECOME COMPULSORY

YES

NO

The Poll will close at [time] on [date]

Last approved: 25 June 2007Page 1