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Electoral Act 1993

Election petitions - Costs

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

You could also call this:

"Paying costs if you break election rules"

Illustration for Electoral Act 1993

If you are found guilty of doing something corrupt or illegal during an election, the court can make you pay some costs. The court will give you a chance to explain why you should not have to pay these costs before they make a decision. You might have to pay costs to someone else, like the person who complained about what you did, if the court decides that is fair.

The court's decision is based on what happens during the trial of an election petition, which is a formal complaint about an election, and this is covered in section 229(3).

If the court orders you to pay costs, you will have to pay them like you would any other debt.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310456.

Topics:
Government and voting > Elections
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250: Costs of petition, or

"Paying costs when you challenge an election result"

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252: Withdrawal of petition, or

"Stopping an election complaint: how to withdraw a petition"

Part 8Election petitions
Costs

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

  1. Where on the trial of an election petition to which section 229(3) applies it appears to the court that any person has been guilty of any corrupt or illegal practice, the court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceedings before the court in relation to that offence or to that person to be paid by that person to such other person or persons as the court thinks fit.

  2. All costs so ordered to be paid may be recovered as a debt due by the person by whom they are ordered to be paid to the person or persons to whom they are ordered to be paid.