Plain language law

New Zealand law explained for everyone

Electoral Act 1993

Election petitions - Withdrawal and abatement of petitions

252: Withdrawal of petition

You could also call this:

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

Illustration for Electoral Act 1993

If you want to withdraw an election petition that has a certain condition applied to it, as stated in section 229(3), you need to ask the High Court for permission first. You have to make this request in a special way that is already set out. Before you make this request, you must tell people in the area that the petition is about that you plan to ask to withdraw it.

When there are multiple people who started the petition, you can only ask to withdraw it if all of them agree. If you do withdraw the petition, you will have to pay the costs of the person who was responding to the petition.

You must follow the rules about how to ask to withdraw the petition and who needs to agree to it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310458.

Topics:
Government and voting > Elections
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"Paying costs if you break election rules"

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"Someone else can take over a petition if the original person stops it or can't continue"

Part 8Election petitions
Withdrawal and abatement of petitions

252Withdrawal of petition

  1. A petitioner shall not withdraw an election petition to which section 229(3) applies without the leave of the High Court upon special application to be made in the prescribed manner.

  2. No such application shall be made until the prescribed notice of the intention to make it has been given in the district to which the petition relates.

  3. Where there are more petitioners than 1, an application to withdraw the petition shall not be made except with the consent of all the petitioners.

  4. If a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent.