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Local Electoral Act 2001

Recounts and inquiries - Recount of votes cast at election

92: Conduct of recount

You could also call this:

"How a Recount of Votes is Done"

Illustration for Local Electoral Act 2001

When you are at a recount, the electoral officer must show the District Court Judge all the voting documents used at the election. You will see the recount happen in front of the District Court Judge or someone they choose. The recount is done in a similar way to the original count, unless the Judge says otherwise. The Judge must also make sure the recount is secure and secret, like it says in section 74. If the Judge finds out the public declaration was wrong, they will order the electoral officer to give a new declaration under section 86 with the correct result. This new declaration will show the correct result of the election.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94729.

Topics:
Government and voting > Elections
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"Watching the vote recount: choosing a scrutineer"

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92A: Costs of recount, or

"Who pays for counting votes again after an election?"

Part 4Recounts and inquiries
Recount of votes cast at election

92Conduct of recount

  1. At the recount, the electoral officer must produce to the District Court Judge all the voting documents used at the election.

  2. The recount must be made in the presence of the District Court Judge, or of an officer appointed by him or her for the purpose, and—

  3. must, as far as is practicable, be made in the manner provided in the case of the original count unless the District Court Judge orders otherwise; and
    1. section 74 (relating to security and secrecy) applies, with any necessary modifications, to the recount.

      1. If, on the recount, the District Court Judge finds that the public declaration was incorrect, the Judge must order the electoral officer to give an amended declaration under section 86 of the result of the election.

      2. Repealed
      Compare
      • 1976 No 144 s 43(6)–(9)
      Notes
      • Section 92(4): repealed, on , by section 33 of the Local Government Electoral Legislation Act 2023 (2023 No 57).