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Electoral Act 1993

Election petitions - General provisions

258: Electoral petitions to Court of Appeal

You could also call this:

"Challenging election results in the Court of Appeal"

Illustration for Electoral Act 1993

If you want to challenge how seats were allocated to political parties under sections 191 to 193, you can present a petition to the Court of Appeal. You can do this if you are a secretary of a political party that was listed on the ballot paper for the party vote. You can ask the Court to review how the seats were allocated and the members of Parliament that were chosen because of that allocation. The other political parties that were listed on the ballot paper for the party vote will be the respondents, and if the Electoral Commission's actions are being questioned, they will also be a respondent.

You will need to fill out the petition in a certain way and sign it. The petition is filed in the Registry of the Court of Appeal, and a copy is sent to the Electoral Commission. The petition is served in a similar way to a statement of claim, or in a way that the court rules say it should be served.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310465.

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Government and voting > Elections
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Part 8Election petitions
General provisions

258Electoral petitions to Court of Appeal

  1. An electoral petition relating to the allocation of seats under sections 191 to 193 may be presented to the Court of Appeal by a secretary of a political party whose party was listed in the part of the ballot paper that relates to the party vote.

  2. The petition may seek a review of the procedures and methods used to allocate seats to political parties under sections 191 to 193, and the return of members of Parliament consequential upon that allocation.

  3. The respondents shall be the other political parties named in the part of the ballot paper that relates to the party vote, and, if the conduct of the Electoral Commission is complained of, the Electoral Commission.

  4. Subject to subsections (1) to (3), the petition shall be in such form and state such matters as are prescribed by rules of court, and be signed by the petitioner or all the petitioners if more than 1.

  5. The petition shall be presented by filing it in the Registry of the Court of Appeal. The Registrar of the court shall forthwith send a copy of the petition to the Electoral Commission.

  6. The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court.

Notes
  • Section 258(1): amended, on , by section 7 of the Electoral Amendment Act (No 2) 1996 (1996 No 54).
  • Section 258(3): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 258(3): amended, on , by section 7 of the Electoral Amendment Act (No 2) 1996 (1996 No 54).
  • Section 258(5): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).