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Electoral Act 1993

Elections - Recount

183: Scrutineers for recounts and allocation of list seats

You could also call this:

"Who can watch the vote counting to ensure it's fair during recounts and seat allocations?"

Illustration for Electoral Act 1993

When there is a recount of votes, you can have a scrutineer to watch what is happening. A scrutineer is a person who checks that everything is done fairly. If you are a candidate in an election and a recount is happening in your area, you can appoint a scrutineer to be there.

You must appoint your scrutineer under section 180(1) if it is a recount of electorate votes. If it is a recount of party votes, you appoint your scrutineer under section 180(2) or section 181(1).

A political party can also appoint a scrutineer when the Electoral Commission is allocating list seats under sections 191 to 193. Before your scrutineer can start, they must declare that they will follow the rules in section 203.

The declaration must be in a form that the Electoral Commission has approved and must be witnessed as specified in the form. If a political party has more than one scrutineer, only one of them can be there at a time, unless the Electoral Commission says more can be there. You cannot be a candidate and a scrutineer at the same time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310008.

Topics:
Government and voting > Elections
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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."

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184: Ballot papers and certificate to be compared on recount, or

"Checking ballot papers to make sure the vote recount is fair and accurate"

Part 6Elections
Recount

183Scrutineers for recounts and allocation of list seats

  1. Any constituency candidate affected by an application under section 180(1) for a recount of electorate votes in an electoral district may appoint 1 or more scrutineers to be present at the recount.

  2. Any political party affected—

  3. by an application under section 180(2) for a recount of party votes in an electoral district; or
    1. by an application under section 181(1) for recounts of the party votes in every electoral district,—
        1. may appoint 1 or more scrutineers to be present at any such recount.

      1. Any political party listed in the part of the ballot paper that relates to the party vote may appoint 1 or more scrutineers to be present during the allocation of list seats by the Electoral Commission under sections 191 to 193.

      2. Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

      3. The declaration must—

      4. be in a form that the Electoral Commission has approved; and
        1. be witnessed as specified in the form.

          1. Where a political party appoints more than 1 scrutineer to be present during the allocation of list seats, only 1 scrutineer for that political party, or such greater number as is permitted by the Electoral Commission, shall be present at any one time.

          2. No candidate shall act as a scrutineer under this section.

          3. Repealed
          Notes
          • Section 183: substituted, on , by section 61 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
          • Section 183(3): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 183(4): replaced, on , by section 90 of the Electoral Amendment Act 2017 (2017 No 9).
          • Section 183(4A): inserted, on , by section 90 of the Electoral Amendment Act 2017 (2017 No 9).
          • Section 183(5): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
          • Section 183(7): repealed, on , by section 37 of the Electoral Amendment Act 2022 (2022 No 80).