10Declaration of duly nominated candidates and determination of

10 Declaration of duly nominated candidates and determination of order of names on ballot paper (1) At the appropriate time, the returning officer must: (a) declare the names of the duly nominated candidates for election; and (b) if a ballot paper is to be prepared for the election – determine by lot, in public at a place decided by the returning officer, the order of the candidates' names on the ballot paper. (2) As soon as practicable after the returning officer makes the declaration under subregulation (1), the returning officer must give public notice of the declaration. (3) The returning officer must rely on the declaration of eligibility accompanying the nomination of a candidate in deciding the candidate's eligibility to stand for the election. (4) Despite subregulation (3), the Electoral Commissioner may determine that a candidate is not eligible to stand for the election if there is evidence contrary to the candidate's declaration of eligibility. (5) If the number of candidates nominated does not exceed the number of offices to be filled, the returning officer must declare the relevant candidates elected. (6) Despite subregulation (5), if the same person is a candidate for election as the principal member and as an ordinary member of the council, the returning officer must not declare the candidate elected as an ordinary member of the council unless and until it is clear that the candidate has failed to secure election as the principal member of the council. (7) As soon as practicable after the returning officer makes the declaration under subregulation (5), the returning officer must give public notice of the declaration.

Local Government (Electoral) Regulations 2021 9 appropriate time means: (a) 3 pm on the day following nomination day; or (b) some other time, not earlier than 12 noon on nomination day and not later than 6 pm on the third day after nomination day, fixed by the returning officer and notified to all nominees for election.