120Notice to unsuccessful candidates

120  Notice to unsuccessful candidates

 (1) If a casual vacancy for a ward is to be filled, the Returning Officer must give each unsuccessful candidate for the ward a written notice:  

 (a) stating:

 (i) that the vacancy exists; and

 (ii) that a recount is to be held to fill the vacancy; and

 (b) a/;sking the unsuccessful candidate whether he or she wants to have his or her name included in the recount; and

 (c) stating the address to which the unsuccessful candidate must send the declaration under rule 121.

 (2) The notice under subrule (1) may be:

 (a) delivered, or sent by prepaid post, to the unsuccessful candidate:

 (i) at the address to which an objection to his or her enrolment must be sent under section 116 of the Electoral Act; or

 (ii) if the unsuccessful candidate is no longer on a Roll, at the address to which an objection would have had to be sent under section 116 of the Electoral Act on the last occasion when he or she was enrolled; or

 (b) given to the unsuccessful candidate by hand.

 (3) The Returning Officer must also publish a notice in a newspaper circulating in the ward for which the former member was elected stating:

 (a)  that the vacancy exists; and

 (b) the time and place that is fixed for the recount.