Electoral Act 1993

Election petitions - Withdrawal and abatement of petitions

255: Abatement of petition

You could also call this:

"What happens to an election petition if the person who started it dies"

If you start an election petition and you are the only person who signed it, the petition will stop if you die. The same thing happens if there are several people who signed the petition and the last one of them dies. You can read more about when this rule applies in section 229(3). The petition stopping does not mean people do not have to pay costs they already owe.

If a petition stops, a notice must be given to let people know. After this notice is given, someone else who could have started the petition can ask the High Court to take over the petition. The High Court can then decide if they want to let this new person take over the petition.

If the High Court lets someone new take over the petition, they must give a security, like you would if you were starting a new petition.

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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=DLM310461.

Topics:

Government and voting > Elections

254: Report on withdrawal, or

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

256: Withdrawal and substitution of respondents before trial, or

"What happens if someone involved in an election dispute dies, quits, or loses their seat before the trial"

Part 8Election petitions
Withdrawal and abatement of petitions

255Abatement of petition

An election petition to which section 229(3) applies shall be abated by the death of a sole petitioner or of the survivor of several petitioners.
The abatement of a petition shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred.
On the abatement of a petition, notice of the abatement shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the High Court in the prescribed manner to be substituted as a petitioner. On any such application the High Court may, if it thinks fit, substitute the applicant accordingly.
Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.