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Local Electoral Act 2001

Recounts and inquiries - Recount of votes cast at election

90: Application by candidate for recount

You could also call this:

"Asking for a Recount if You Think the Vote Count is Wrong"

Illustration for Local Electoral Act 2001

You can ask for a recount if you think the number of votes announced is wrong. You must apply to a District Court Judge within 3 working days of the announcement. You need to pay a deposit when you apply. You might get a recount if the Judge thinks you have a good reason to believe the announcement was wrong. The Judge will tell the electoral officer, candidates, and scrutineers when and where the recount will happen. They will also make sure the votes are recounted as soon as possible. The Judge will notify everyone involved, including those appointed under section 66 or section 91, about the time and place of the recount.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94727.

Topics:
Government and voting > Elections
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90A: Application by electoral officer for recount, or

"Asking for a Recount of Votes in a Local Election"

Part 4Recounts and inquiries
Recount of votes cast at election

90Application by candidate for recount

  1. If any candidate has reason to believe that the public declaration by the electoral officer of the number of votes received by any candidate is incorrect, and that on a recount of those votes the first-mentioned candidate might be elected, he or she may, within 3 working days after the public declaration, apply to a District Court Judge for a recount of the votes.

  2. Every application for a recount must be accompanied by the prescribed deposit.

  3. If the District Court Judge is satisfied that the applicant has reasonable grounds to believe that the declaration is incorrect and that on a recount the applicant might be elected, the District Court Judge must, as soon as practicable after receiving the application, and the deposit required by subsection (2),—

  4. cause a recount of the votes to be made; and
    1. give notice in writing to the electoral officer and to each of the candidates and to each scrutineer appointed under section 66 or section 91 of the time and place at which the recount will be made.

      Compare
      • 1976 No 144 s 43(1)–(3)
      Notes
      • Section 90 heading: amended, on , by section 31(1) of the Local Government Electoral Legislation Act 2023 (2023 No 57).
      • Section 90(1): amended, on , by section 31(2) of the Local Government Electoral Legislation Act 2023 (2023 No 57).