Electoral Act 1993

Election petitions

231: Time for presentation of election petition

You could also call this:

"How long you have to challenge an election result"

If you want to challenge an election result, you must present your petition within 28 days after the Electoral Commission has publicly announced the result. You can do this if you think something was not done correctly during the election. The 28 days start from the day the result was announced.

If your petition says someone did something wrong, like paying people to vote for them, you can present it within 28 days after the payment was made. This is a special case, and the rules are a bit different. You need to say exactly what you think was done wrong.

When you make a claim that an election should be cancelled under section 238, it is like saying someone did something corrupt, even if you are talking about other types of offences. This means you can still challenge the election result. You should follow the rules for presenting your petition.

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 It might be out of date or be missing some parts.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 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310430.

Topics:

Government and voting > Elections

230: Election petitions to High Court, or

"Challenging an election result in the High Court"

232: Security for costs, or

"You must promise to pay costs when making an election complaint"

Part 8Election petitions

231Time for presentation of election petition

Subject to the provisions of this section, an election petition shall be presented within 28 days after the day on which the Electoral Commission has publicly notified the result of the poll.
If the petition questions the election or return upon an allegation of a corrupt practice and specifically alleges a payment of money or other reward to have been made by the member or on his or her account or with his or her knowledge and consent since the day of the said declaration in pursuance or furtherance of the alleged corrupt practice, it may be presented within 28 days after the date of the payment.
For the purposes of this section, an allegation that an election is avoided under section 238 shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.

Notes

Section 231(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
Section 231(1): amended, on 6 December 1995, by section 84 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
Section 231(2): amended, on 6 December 1995, by section 84 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).