Electoral Act 1993

Election petitions - Costs

250: Costs of petition

You could also call this:

"Paying costs when you challenge an election result"

When you present an election petition, you have to pay the costs. The High Court decides how the costs are shared between the parties. If the court thinks someone has caused extra costs by being vexatious or making unfounded allegations, that person may have to pay those costs. You can be ordered to pay costs even if you win the case. If you do not pay the costs you owe to a witness or the respondent within six months, and this is proven to the High Court within a year, you will be in default of your recognisance. The High Court will deal with this default as stated in section 21 of the Crown Proceedings Act 1950. For this to happen, certain parts of the Crown Proceedings Act 1950, such as sections 21 and 23, and Schedule 3, are treated as if they had not been amended by Part 9 of the Statutes Amendment Act 2018.

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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=DLM310455.

Topics:

Government and voting > ElectionsCrime and justice > Courts and legal help

249: Expenses of witnesses, or

"Getting help to pay for costs when you give evidence in an election court case"

251: Costs payable by persons proved guilty of corrupt or illegal practices, or

"Paying costs if you break election rules"

Part 8Election petitions
Costs

250Costs of petition

All costs of and incidental to the presentation of an election petition to which section 229(3) applies, and to the proceedings consequent thereon, except such as are by this Act otherwise provided for shall be defrayed by the parties to the petition in such manner and in such proportions as the High Court may determine; and, in particular, any costs which, in the opinion of the court, have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or of the respondent, and any needless expenses incurred or caused on the part of the petitioner or respondent, may be ordered to be defrayed by the parties by whom they were caused or incurred, whether those parties are or are not on the whole successful.
If a petitioner fails for 6 months after demand to pay to any person summoned as a witness on the petitioner’s behalf, or to the respondent, any sum certified to be due to that person for costs, and the failure is within 1 year after the demand proved to the satisfaction of the High Court, every person who has under this Act entered into a recognisance relating to the petition shall be held to have made default in the recognisance, and it shall be dealt with in the manner provided by section 21 of the Crown Proceedings Act 1950.
For the purposes of subsection (2), sections 21 and 23 and Schedule 3 of the Crown Proceedings Act 1950 continue to apply as if they had not been amended by Part 9 of the Statutes Amendment Act 2018.

Notes

Section 250(3): inserted, on 8 September 2018, by section 40(2) of the Statutes Amendment Act 2018 (2018 No 27).