Electoral Act 1993

Election petitions - Trial of election petition

243A: Orders to be made by court after determination under section 243 if list seats allocated

You could also call this:

"What happens in court if the wrong person was declared elected in an election"

If a court is trying an election petition and decides the wrong person was declared elected, you need to know what happens next. The court makes a decision under section 243 and the Electoral Commission has already allocated seats under sections 191 to 193. The court must then make some orders, including one that says the declaration of election is not valid for a certain candidate and their election is void. The court also orders the Electoral Commission to repeat some procedures under sections 191 to 193 and make a new declaration under section 193(5), then tell the Speaker in writing about the orders they made. The orders the court makes are final and cannot be changed.

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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=DLM6013709.

Topics:

Government and voting > Elections

243: Certificate of court as to result of election, or

"Court's final decision on an election result"

244: Report of court as to corrupt or illegal practices, or

"What happens when the court checks for cheating in elections"

Part 8Election petitions
Trial of election petition

243AOrders to be made by court after determination under section 243 if list seats allocated

This section applies if, at the conclusion of the trial of an election petition,—
the court determines, under section 243, that the candidate who was duly elected was not declared elected under section 179(2) and the candidate who was declared elected under section 179(2) was not duly elected; and
an allocation of seats by the Electoral Commission under sections 191 to 193 has been made.

If this section applies, the court must—
make an order that any declaration of election made pursuant to section 193(5) is invalid so far as it relates to the election of any specified candidate and that the election of any specified candidate is void; and
order that the Electoral Commission repeat any or all of the procedures prescribed by sections 191 to 193 and make a further declaration under section 193(5); and
immediately certify in writing to the Speaker the orders made under paragraphs (a) and (b).

The orders certified under subsection (2)(c) are final for all purposes.

Notes

Section 243A: inserted, on 25 March 2014, by section 42 of the Electoral Amendment Act 2014 (2014 No 8).