Plain language law

New Zealand law explained for everyone

Electoral Act 1993

Elections - Official count and declaration of poll

179: Declaration of result of poll

You could also call this:

"Announcing who won the election"

Illustration for Electoral Act 1993

When the official count is finished, the Returning Officer gives the Electoral Commission some information. You get to know how many valid votes each party and candidate received. The Electoral Commission also gets to know how many invalid votes there were. The Electoral Commission then tells everyone the results by publishing a notice in the Gazette. You can think of the Gazette like a special newspaper that announces important things.

The Electoral Commission can announce the results for many areas at the same time if they think it's a good idea. They can also tell people who are interested in a particular area's results what happened. If two candidates have the same number of votes, the Electoral Commission asks a Judge to count the votes again, as stated in section 180. If the votes are still tied after counting again, the Electoral Commission decides which candidate wins by drawing lots.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309893.

Topics:
Government and voting > Elections
Previous

178: Counting the votes, or

"How your vote is counted in an election"

Next

180: Application to District Court Judge for recount, or

"Asking a Judge to Recount Election Votes"

Part 6Elections
Official count and declaration of poll

179Declaration of result of poll

  1. When the official count under section 178 is completed, the Returning Officer must give the Electoral Commission the following information:

  2. the total number of valid votes received by each of the parties listed on the party vote part of the ballot paper:
    1. the total number of valid votes received by each constituency candidate:
      1. the total number of informal party votes:
        1. the total number of informal electorate votes.

          1. As soon as practicable after receiving from a Returning Officer the information specified in subsection (1), the Electoral Commission must declare the results of the official count for the district concerned by publishing a notice in the Gazette.

          2. The Electoral Commission may declare the results for any number of districts on the same day, if the Electoral Commission considers it appropriate to do so.

          3. The Electoral Commission may make arrangements under which persons with a particular interest in any declaration under subsection (2) are informed of the result, by any means the Electoral Commission considers appropriate.

          4. If there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must, without delay, apply to a District Court Judge for a recount under section 180, and all the provisions of that section apply accordingly, except that no deposit is necessary.

          5. If on a recount under section 180 there is an equality of votes between constituency candidates and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must determine by lot which of those candidates is to be elected.

          Notes
          • Section 179: substituted, on , by section 71(1) of the Electoral Amendment Act 2002 (2002 No 1).
          • Section 179(1): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 179(2): amended, on , by section 88 of the Electoral Amendment Act 2017 (2017 No 9).
          • Section 179(2): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 179(3): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 179(4): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 179(5): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 179(6): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).