Questions and Answers

Why is an election required?

The Forest Growers Levy Trust Rule 4.3 requires one half of the elected Board members to retire every two years, under a rotation policy to maintain the same balance of Board membership. The Board consists of:

1. Four persons elected by forest owners each having more than 1,000 hectares of plantation forest. Voting shall be counted in proportion to the voter's forest production for the previous year.

2. Two persons elected by forest owners each having fewer than 1,000 hectares of plantation forest. Voting shall be counted on the basis of one vote per Forest Owner.

3. One person appointed by the six persons elected in accordance with FGLT Rules 1.1a and 1.1b.

For this election two large forest members and one small category member have retired.

Who can vote in the election for the FGLT Board?

Anyone who will potentially pay the Levy during the six year life of the current Levy Order (2020 – 2025) will be entitled to vote.

Each forest owner who owns a qualifying forest will be eligible to vote. There is one vote per forest owner regardless of the form of that ownership or the number of forests held by that owner.

A qualifying forest is a forest that has a stand or stands of trees of 10 years or older (or, for the purposes of this election, planted before 1 January 2014) totalling at least four hectares.

A stand means a contiguous area that contains relatively homogenous trees and have a common set of characteristics, normally managed as a single unit. This applies to all species, wildings, and regeneration of a planted stand of trees grown for eventual harvest, but excludes Christmas trees and trees grown for domestic firewood.

The forest age restriction is designed to ensure that everyone who is growing trees that might be harvested and sold in the six-year levy period has the right to vote.

Anyone can nominate, but only levy payers can vote.

Who can nominate a person for election to the Board?

It is the intention that anyone who potentially will pay the levy can nominate Board members.

An eligible person to nominate a Board member can be the forest owner of qualifying forest or a person who represents the forest owner of a qualifying forest where that owner is not a natural person.

How many positions on the Board are available?

There are two categories of Board member.

1. Voted on by levy payers with more than 1,000 ha net stocked area - Four members in this category. Two positions available at this election.

2. Voted on by levy payers with less than 1,000 ha net stocked area - Two members in this category. One positions available at this election.

The nominator must specify the area category in which they are nominating the nominee.

If a person is nominated for both categories, they will be asked to opt for one. No person may stand in both categories.

Who can be nominated?

There are no restrictions on who can be nominated. They do not need to be a forest owner or potential levy payer.

What is the definition of a forest owner?

A 'forest owner' is a person having legal ownership of the standing trees in a plantation at the date of the election. This person may have direct ownership, a registered forestry right, a Crown Forest Licence, or similar interest in the trees.

Land owners are eligible to vote only if they have legal ownership of the trees on their land. Owners of cutting or similar rights are not normally the legal owners of the standing trees and therefore are not eligible to vote or nominate.

A 'person' may be a private individual, or an entity such as a partnership, limited liability company, body corporate, an unincorporated body or the trustees of a trust.

Where more than one person has legal ownership of a qualifying Forest, they will be treated as a partnership. The partnership will be eligible for one vote.

What if it is unclear who should be voting?

1. Where more than one person is recorded as having legal ownership of a qualifying Forest, the person whose name appears first on the legal record will have the voting rights.
   
   If the owners want someone else to vote on their behalf, they must all sign an instruction to be received by Research NZ by 5pm 15 November 2023, for conveying to the FGLT Board.




2. Where it is unclear who qualifies for the right to vote in the election on behalf of a qualifying forest, a ruling may be sought from the FGLT Board.
   
   To apply, a detailed explanation of the circumstances needs to be sent to the Research NZ, by 5pm 8 November 2023 for conveying to the FGLT Board.
   
   The Board will decide under the terms of the Commodity Levies Act 1990. This decision, which will be final, will be released by 5 pm 15 November.

How many votes do forest owners get at this election?

Three FGLT Board positions are available in total.

There are two positions to fill voted on by members with more than 1,000ha.

There is one position to fill voted on by members with fewer than 1,000ha.

A voter declaring more than 1,000ha net stocked area is voting for two positions and can vote for up to two persons nominated in the more than 1,000ha category. Their votes will be recorded proportionate to the declared harvested volume for the previous calendar year, specifically the 12 months to 31 December 2022.

A voter declaring fewer than 1,000ha net stocked area is voting for one position. Their vote will be recorded as one vote per person voted for.

How do I vote?

Voting will open on 8 November and close at 5 pm 24 November 2023.

Voting will be via the vote.forestvoice.org.nz website.

A hard copy voting form may be requested from Research New Zealand.

What safeguards are in place to ensure the integrity of the vote?

Before voting in the Board election, voters must formally declare that they are legally entitled to vote. When voting has closed, a sample of votes will be independently audited to check that they were cast legitimately.

The entire nomination and voting process is being managed on contract by Research New Zealand, a business that is experienced in conducting elections and who conducted the referendum and first board election. Research New Zealand has no vested interest in the forest industry. All information supplied as part of the voting / nomination process is held by Research New Zealand for the election process only.

What if a vote appears to be invalid?

The FGLT Board has absolute discretion as to whether a vote has been validly cast on behalf of the owner of a qualifying forest and in determining who has the right to cast that vote.

Where more than one vote is cast on behalf of an owner, all votes cast by that owner shall be null and void, unless the Board determines that in the interests of fairness more than one vote should be recognised or that one vote should be recognised and the rest ignored.

How is my privacy protected?

The information you provide during the election is covered by the Privacy Act 1993. This entitles you to have access to, and correct, this information.

It is your choice whether to supply this information, but it must be supplied if you wish to exercise your right to vote.

Other than data that are already in the public domain, information identifying you or your forests is confidential to Research New Zealand, the company contracted to conduct the election. It will not be provided to any other organisation or person without your express permission.

Voting returns will be destroyed by Research New Zealand following the declaration of the election.