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New Zealand law explained for everyone

Electoral Act 1993

Election petitions - Trial of election petition

246: Signature and effect of certificate and report

You could also call this:

"What happens after a court case about an election result is decided"

Illustration for Electoral Act 1993

When a trial about an election petition finishes, you need to know that the judges write a certificate and a report. The certificate and report must be signed by at least 2 of the judges who were in charge of the trial. The Speaker is told about the certificate and report, and then the House of Representatives makes a decision about what to do next. They might decide to confirm the original result, change it, hold a new election, or do something else, depending on what the certificate and report say.

If the judges make a special report, the House of Representatives can decide what to do about it. They can make any decision they think is right. The House of Representatives is in charge of deciding what happens after the trial.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310449.

Topics:
Government and voting > Elections
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245: Special report, or

"The court sends a special report to the Speaker about important things from an election trial."

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"Going to court as a witness in an election dispute"

Part 8Election petitions
Trial of election petition

246Signature and effect of certificate and report

  1. The certificate and any report of the court at the conclusion of the trial of an election petition shall be signed by at least 2 of the Judges presiding at the trial.

  2. On being informed by the Speaker of the certificate and any report of the court, the House of Representatives shall order the same to be entered in the Journals of the House, and shall give the necessary directions for confirming or altering the return, or for issuing a writ for a new election, or for carrying out the determination, as the circumstances may require.

  3. Where the court makes a special report, the House may make such order in respect of that report as the House thinks proper.