Electoral Act 1993

Election petitions - Trial of election petition

235: Court and place of trial

You could also call this:

"Where and how election disputes are heard in court"

When you have an election petition that is covered by section 229(3), it will be tried by the High Court. The trial will be heard by three Judges chosen by the Chief Justice. You can expect the trial to take place in front of these three Judges.

If one of the Judges cannot continue with the trial, the Chief Justice will choose another Judge to take their place. This ensures the trial can continue with three Judges.

The trial will usually take place at the court registry where the petition was filed, but the High Court can choose a different location if there are special circumstances that make it more convenient.

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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=DLM310438.

Topics:

Government and voting > Elections

234: Rules of court, or

"Rules for going to court about election problems"

236: Trial of petition, or

"What happens when someone disputes an election result in court"

Part 8Election petitions
Trial of election petition

235Court and place of trial

Every election petition to which section 229(3) applies shall be tried by the High Court, and the trial shall take place before 3 Judges of the court to be named by the Chief Justice.
If any such Judge, before the conclusion of the trial, becomes unable to act, the Chief Justice shall name another Judge to act in his or her place.
The place of trial shall be at the registry of the court where the petition is filed: provided that the High Court, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, may appoint such other place for the trial as appears most convenient.