Electoral Act 1993

Election petitions - Trial of election petition

236: Trial of petition

You could also call this:

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

When you are involved in an election petition, the court will try the case in open court without a jury. You will get notice of the time and place of the trial at least 14 days before it happens. The court can delay the trial if needed, but it will try to keep it going every day until it is finished.

The trial will keep going even if the person being challenged becomes disqualified as a member of Parliament or if Parliament is closed. The court has the power to look into any matter related to the petition and make decisions as it sees fit. This includes ordering a recount of some or all of the votes, and disallowing votes from people who did something wrong.

If someone's name is on the voting list by mistake, their vote might not be counted. But if they were allowed to vote on polling day, their vote will still count even if their name was on the list by mistake. The court can also look into claims of corrupt or illegal practices during the election, and hear evidence about these claims before deciding if a candidate knew about them.

If someone is challenging an election result and wants the seat for themselves, the other person involved can give evidence to prove that the challenger was not duly elected. This is done in the same way as if the respondent had started the petition themselves, as stated in section 229(3). The court will follow the rules of the Electoral Act 1993 when making its decisions.

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 It might be out of date or be missing some parts.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=DLM310439.

Topics:

Government and voting > Elections

235: Court and place of trial, or

"Where and how election disputes are heard in court"

237: Avoidance of election of candidate guilty of corrupt practice, or

"Cheating in an election can cancel your win"

Part 8Election petitions
Trial of election petition

236Trial of petition

An election petition to which section 229(3) applies shall be tried in open court without a jury, and notice of the time and place of trial shall be given not less than 14 days before the day of trial.
The court may in its discretion adjourn the trial from time to time, but the trial shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion.
The trial of an election petition shall be proceeded with notwithstanding that the respondent may have become disqualified as a member of Parliament, or that Parliament may have been prorogued.
Subject to this Act, the court shall have jurisdiction to inquire into and adjudicate on any matter relating to the petition in such manner as the court thinks fit, and, in particular, may at any time during the trial direct a recount or scrutiny of some or all of the votes given at the election, and shall disallow the vote of every person proved to have been guilty of any corrupt practice, or whose name has been wrongly placed or retained on the roll.
Notwithstanding subsection (4), the vote of any person who on polling day was entitled to be registered as an elector of the district shall not be disallowed on the ground that his or her name has been wrongly placed or retained on the roll.
Notwithstanding subsection (4), where an elector—
has been registered as an elector of the district by an error on the part of an official; and
has exercised his or her vote in respect of that district in good faith without notice of the error,—

On the trial of an election petition, unless the court otherwise directs, any charge of a corrupt or illegal practice may be gone into, and evidence in relation thereto received before any proof has been given that any candidate was aware of or consenting to the corrupt or illegal practice.
On the trial of an election petition to which section 229(3) applies complaining of an unlawful election or return and claiming the seat for some person, the respondent may give evidence to prove that that person was not duly elected, in the same manner as if the respondent had presented a petition against the election of that person.