11.45am
United Future candidate Kelly Chal's citizenship gaffe will not be referred to police.
Chief Electoral Officer David Henry said today Mrs Chal had not deliberately tried to break the law, and nor had United Future party secretary Murray Smith, who signed off forms for the party.
"As there does not appear to
have been any intention on the part of either Mrs Chal or Mr Smith to mislead, I have concluded that there is no reason to refer the matter to the police," Mr Henry said in a statement.
He investigated after Mrs Chal lost her seat in Parliament because she was not a New Zealand citizen and therefore not eligible to be a candidate.
She applied for citizenship only after being elected on July 27.
Mrs Chal has been replaced by the next name on the party's list, Aucklander Paul Adams, who had earlier been toppled when special votes were counted -- costing United Future a seat.
Mr Henry said he removed Mrs Chal's name from the party's list immediately after finding out on August 13 that she was not a New Zealand citizen.
She had not been elected a MP because he had not at that time allocated list MPs.
Mr Henry said he received statements from Mrs Chal, Mr Smith and Mark Stonyer, executive director of the party.
He also discussed the matter with United Future leader Peter Dunne.
"Both the party and this office consider that the criteria for candidacy, the nomination forms and the candidates' handbooks are clear," Mr Henry said.
The rules state election candidates have to be New Zealand citizens.
"Notwithstanding this, Mrs Chal's statement suggests that the way in which she completed the consent form arose from confusion on her part rather than a deliberate intention to break the law."
When standing as a candidate Mrs Chal, an Indian-born Englishwoman, had filled out a form giving her two options -- that she was either a New Zealand citizen or had been enrolled as a voter on 22 August 1975.
Mrs Chal had written on the form that she had been a New Zealand permanent resident since 1994, and she deleted the second option.
Mr Henry said he was satisfied Mr Smith did not know Mrs Chal was not a New Zealand citizen.
- NZPA
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