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Electoral Act 1993

Registration of electors - Objections to registration

97: Procedure on reference of application or objection to District Court

You could also call this:

"What happens when someone objects to a name on the electoral roll and it goes to the District Court"

Illustration for Electoral Act 1993

When you object to someone's name being on the electoral roll, the case goes to the District Court. You, the person who objected, the Electoral Commission, and the person being objected to can all go to court. You can go in person, or you can send someone to represent you, like a lawyer. The person being objected to can send a statement to the court saying why they think their name should stay on the roll. If they have a disability, someone can sign the statement for them. If the person being objected to does not show up to court or send a statement, the court will remove their name from the roll. The court will only consider the reasons for the objection that were originally stated, and it will make a decision based on those reasons. The Electoral Commission must update the roll to reflect the court's decision, and the court can also decide who pays the costs of the case. In general, the court will follow its usual rules when dealing with these types of cases, but it can make special orders if needed, such as deciding what should happen with the costs of the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309120.

Topics:
Government and voting > Elections
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96: Electoral Commission’s objection, or

"When the Electoral Commission thinks you can't vote in a district, they can object and must tell you why."

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98: Removal of names from roll by Electoral Commission, or

"When the Electoral Commission takes your name off the voting list"

Part 5Registration of electors
Objections to registration

97Procedure on reference of application or objection to District Court

  1. The following provisions of this section shall apply with respect to proceedings on the reference to the District Court of an objection under section 95 or section 96.

  2. The Electoral Commission, any objector, and the person objected to may appear before the court either in person or by some person appointed by it or him or her in writing or by a barrister or solicitor.

  3. In the case of an objection, the person objected to may forward to the Registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection.

  4. If a person objected to has a physical or mental impairment, that person's representative may sign and forward to a Registrar of the court a statement giving reasons why the person's name should not be removed from the roll.

  5. If any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll.

  6. Except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined.

  7. At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection.

  8. In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit.

  9. Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply.

  10. The Electoral Commission must make any additions, deletions, and alterations to the roll that may be necessary to give effect to the order of the court.

Notes
  • Section 97(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 97(2): amended, on , by section 42(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).
  • Section 97(2): amended, on , by section 42(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).
  • Section 97(3A): inserted, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).
  • Section 97(3A): amended, on , by section 42(2) of the Electoral Amendment Act 2017 (2017 No 9).
  • Section 97(9): amended, on , by section 42(3) of the Electoral Amendment Act 2017 (2017 No 9).