Electoral Act 1993

Elections - Recount

181: Application by political party for recount in every electoral district

You could also call this:

"A political party can ask for a recount of party votes in all areas by applying to a judge."

Illustration for Electoral Act 1993

If you are the secretary of a political party, you can ask for a recount of the party votes in every electoral district. You do this by applying to the Chief District Court Judge, instead of making separate applications for each district, as stated in section 180(2). You must do this within three working days after the last public declaration is made, as outlined in section 179.

When you make this application, you must pay a deposit of $90,000, which includes goods and services tax. The Chief District Court Judge will then arrange for a separate recount to be done in each electoral district.

The Chief District Court Judge will assign a District Court Judge to do each recount within three working days of receiving your application. Each recount will follow the same rules as outlined in subsections (5) to (10) of section 180, except that it must start within three working days of the District Court Judge being assigned the task. After all recounts are finished, the Chief District Court Judge can decide who pays the costs and will return your deposit.

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180: Application to District Court Judge for recount, or

"Asking a Judge to Recount Election Votes"


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182: Ability to combine recounts, or

"You can have one recount for both electorate and party votes, instead of two separate ones."

Part 6Elections
Recount

181Application by political party for recount in every electoral district

  1. Any secretary of a political party listed on the part of the ballot paper that relates to the party vote may, instead of making 1 or more separate applications for recounts under section 180(2), apply to the Chief District Court Judge for recounts of the party votes to be conducted in every electoral district.

  2. Every application under subsection (1) must be made within 3 working days after the date of the last public declaration made under section 179 for any electoral district.

  3. Every application under subsection (1) shall be accompanied by a deposit of $90,000 (which deposit shall be inclusive of goods and services tax).

  4. The Chief District Court Judge shall cause a separate recount of the party votes to be conducted for each electoral district and, for that purpose, shall, within 3 working days after receiving the application for the recounts, arrange, in respect of each recount, for a District Court Judge to conduct it.

  5. Each recount conducted under this section shall be conducted in accordance with subsections (5) to (10) of section 180, except that each recount shall be commenced within 3 working days of the date on which the District Court Judge conducting the recount is assigned that task.

  6. At the conclusion of all recounts under this section, the Chief District Court Judge may make such order or orders as to the costs of and incidental to those recounts as the Chief District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it.

Notes
  • Section 181(1): substituted, on , by section 59(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
  • Section 181(4): substituted, on , by section 59(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).