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Electoral Act 1993

Election petitions

229: Method of questioning election

You could also call this:

"How to challenge an election result"

Illustration for Electoral Act 1993

If you want to question an election, you must do it through a special document called an election petition. You can only use an election petition to complain about an unlawful election or return.

You can complain about an election where someone was not returned to the House of Representatives, and the court can make an order to fix this.

To question the return of a member of Parliament, you must take your election petition to the High Court, which will follow rules set out in sections 230 to 257.

If you want to question how seats were allocated by the Electoral Commission under sections 191 to 193, you can take your election petition to the Court of Appeal, which will follow rules set out in sections 258 to 262.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310428.

Topics:
Government and voting > Elections
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230: Election petitions to High Court, or

"Challenging an election result in the High Court"

Part 8Election petitions

229Method of questioning election

  1. No election and no return to the House of Representatives shall be questioned except by a petition complaining of an unlawful election or unlawful return (in this Act referred to as an election petition) presented in accordance with this Part.

  2. A petition complaining of no return shall be deemed to be an election petition, and the High Court or the Court of Appeal may make such order thereon as the court thinks expedient for compelling a return to be made or may allow the petition to be heard as provided with respect to ordinary election petitions.

  3. An election petition relating to the return of a member of Parliament representing an electoral district or the failure to present a return at an election for a member of Parliament representing an electoral district shall be presented to the High Court and determined in accordance with sections 230 to 257.

  4. An election petition relating to the allocation of seats by the Electoral Commission under sections 191 to 193 may be presented to the Court of Appeal in accordance with sections 258 to 262.

Notes
  • Section 229(4): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).