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Local Electoral Act 2001

Conduct of elections and polls - Candidacy

59: Forfeiture of deposit and refund of deposit

You could also call this:

"Losing or getting back your election deposit money"

Illustration for Local Electoral Act 2001

If you are a candidate and you get fewer votes than a certain number, you will lose your deposit and it will go to the local authority. You will get your deposit back if you withdraw your nomination before the nominations close, or if you are elected without an election. You must also follow the rules in section 112A to get your deposit back, which means you have to file a return of electoral donations and expenses.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94350.

Topics:
Government and voting > ElectionsMoney and consumer rights > Refunds
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Part 3Conduct of elections and polls
Candidacy

59Forfeiture of deposit and refund of deposit

  1. If the total number of votes received by any candidate is less than the minimum number of votes prescribed for the purposes of this section in relation to the electoral system used at the election, the deposit is forfeited and paid into the general fund of the local authority.

  2. The deposit must be returned to the person who paid it or, as the case may require, to his or her personal representatives if—

  3. subsection (1) does not apply to the candidate or the candidate—
    1. withdraws his or her nomination before the close of nominations; or
      1. has his or her nomination cancelled because of incapacitation (certified by a medical practitioner) after the close of nominations but before the close of voting; or
        1. is elected without an election; or
          1. dies before the close of voting; or
            1. becomes incapable under this or any other Act of holding the office for which he or she was a candidate before the close of voting; and
            2. the candidate (other than a candidate who dies before the close of voting) complies with section 112A (which requires candidates to file a return of electoral donations and expenses).

              1. Subsection (2)(a) overrides subsection (1).

              Compare
              • 1976 No 144 s 15
              Notes
              • Section 59(2): substituted, on , by section 23 of the Local Electoral Amendment Act 2002 (2002 No 85).
              • Section 59(2)(a)(i): replaced, on , by section 17(1) of the Local Electoral Amendment Act 2013 (2013 No 40).
              • Section 59(2)(a)(ia): inserted, on , by section 17(1) of the Local Electoral Amendment Act 2013 (2013 No 40).
              • Section 59(2)(b): replaced, on , by section 17(2) of the Local Electoral Amendment Act 2013 (2013 No 40).
              • Section 59(3): added, on , by section 23 of the Local Electoral Amendment Act 2002 (2002 No 85).