Electoral Act 1993

Elections - Disposal of ballot papers

190: Papers taken from parcels as evidence in certain cases

You could also call this:

"Using special papers as proof in court or meetings"

Illustration for Electoral Act 1993

If you are in court or talking to a committee, some papers can be used as evidence. These papers are ballot papers, copies of rolls, and books that have a special certificate on them. The certificate is written by the Clerk of the House of Representatives.

You can use these papers to prove that a ballot paper was deposited, or that a roll or book was used at an election. Every ballot paper with a certificate is evidence that someone voted. It also shows that the number on the ballot paper matches the number on the roll.

But if an issuing officer or the Returning Officer set aside or selected a ballot paper, it only proves that someone voted under that name.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310028.


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Part 6Elections
Disposal of ballot papers

190Papers taken from parcels as evidence in certain cases

  1. Any ballot paper, and any copy of a roll, and any book purporting to be taken from any such parcel as aforesaid, and having written thereon respectively, under the hand of the Clerk of the House of Representatives, a certificate of the several particulars by this Act required to be endorsed on the parcel, shall be conclusive evidence in any court or before any Committee of the House of Representatives that it was so taken and that it, if a ballot paper, was deposited and, if a roll or book, was kept or used at the election and polling place to which the endorsement and writing relate.

  2. Every ballot paper so certified shall be evidence of a vote given at the poll, and of the correspondence of the number appearing on the ballot paper with the number appearing on any roll so certified as of the same election and polling place, according to the tenor of the said ballot paper.

  3. But, in the case of the ballot papers set aside or selected by an issuing officer or by the Returning Officer, the correspondence shall be evidence only of some person having voted in the name appearing on the roll.

Notes
  • Section 190(1): amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
  • Section 190(1): amended, on , by section 64(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
  • Section 190(2): amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
  • Section 190(2): amended, on , by section 64(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
  • Section 190(3): amended, on , by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).
  • Section 190(3): amended, on , by section 64(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).