Electoral Act 1993

Election petitions - General provisions

262: Certificate of court as to result of petitions

You could also call this:

"What the court decides after checking an election result is fair and correct."

When an election petition trial finishes, the Court of Appeal will decide if the procedures used to allocate seats to political parties were correct, according to sections 191 to 193. You will want to know if the return of members of Parliament is valid after these allocations. The Court of Appeal will make orders to fix any errors, such as making a candidate's election invalid or declaring another candidate elected.

The Court of Appeal can order the Electoral Commission to repeat some procedures, as outlined in sections 191 to 193. If a candidate's election is void, the Court of Appeal can make an order saying so, or they can order that another candidate is elected. They can also order the Electoral Commission to redo the allocation process, following section 193(5) or other relevant sections.

After making its decisions, the Court of Appeal will send a written certificate to the Speaker, and this decision will be final. The Court of Appeal's determination will be based on its assessment of the election petition trial, considering factors such as the allocation of seats under sections 191 to 193 and the return of members of Parliament.

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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=DLM310473.

Topics:

Government and voting > Elections

261: Provisions applied, or

"Rules from other parts of the law are used here"

263: Service of notices, or

"How to give someone official notice, like handing or mailing it to them"

Part 8Election petitions
General provisions

262Certificate of court as to result of petitions

At the conclusion of the trial of an election petition to which section 258 applies, the Court of Appeal shall—
determine whether the procedures used to allocate seats to political parties under sections 191 to 193 were correct:
determine whether the return of members of Parliament consequential upon the allocation under sections 191 to 193 is valid:
make such orders as are necessary to correct any error or invalidity, including—
1. an order that any declaration of election made pursuant to section 193(5), so far as it relates to any candidate named in the order, is invalid and the election of that candidate void:
2. an order that any candidate not named in a declaration of election made pursuant to section 193(5) is elected as a member of Parliament:
3. an order requiring the Electoral Commission to repeat any or all of the procedures prescribed by sections 191 to 193:
forthwith certify in writing its determination to the Speaker and the determination so certified shall be final to all intents and purposes.

Notes

Section 262(c)(iii): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).