Electoral Act 1993

Election petitions - Withdrawal and abatement of petitions

253: Substitution of new petitioner

You could also call this:

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

If you want to stop a petition, the court will listen to your reasons. You or someone else who could have started the petition in the first place can ask the court to take over the petition. The court can choose to let someone new take over the petition if it wants to. If the court thinks the person who started the petition is stopping it because of a corrupt deal, it can make the original person still responsible for paying costs. If the court does not make the original person pay costs, the new person taking over the petition must provide a security, like a guarantee, within three days of the court's decision. You will have the same responsibilities and risks as the original person who started the petition if you take it over.

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 It might be out of date or be missing some parts.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=DLM310459.

Topics:

Government and voting > Elections

252: Withdrawal of petition, or

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

254: Report on withdrawal, or

"What happens when someone stops their election complaint: a report to the Speaker"

Part 8Election petitions
Withdrawal and abatement of petitions

253Substitution of new petitioner

On the hearing of an application for leave to withdraw a petition, any person who might in the first instance have presented the petition may apply to the court to be substituted as a petitioner.
The court may, if it thinks fit, substitute any such applicant as petitioner, and may, if the proposed withdrawal is in the opinion of the court the result of any corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall remain as security for any costs incurred by the substituted petitioner, and that to the extent of the sum named in the security the original petitioner shall be liable to pay the costs of the substituted petitioner.
If the court does not so direct, security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner within 3 days after the order of substitution.
Subject as aforesaid, a substituted petitioner shall as nearly as may be stand in the same position and be subject to the same liabilities as the original petitioner.