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Local Electoral Act 2001

Recounts and inquiries - Petition for inquiry into election or poll

93: Petition for inquiry

You could also call this:

"Asking for a review of an election result"

Illustration for Local Electoral Act 2001

You can file a petition if you are a candidate or 10 electors with a complaint about an election or poll. You can ask for an inquiry into the election or poll, or into a candidate's or another person's conduct. You must file the petition within 21 days after the election result is announced. You must file the petition in the correct District Court and pay the prescribed deposit. Your petition must state the reasons for your complaint and will be heard by a District Court Judge. If you file a petition, the court must send a copy to the electoral officer straight away, as stated in the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94731.

Topics:
Government and voting > Elections
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94: Specified grounds only to be investigated, or

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Part 4Recounts and inquiries
Petition for inquiry into election or poll

93Petition for inquiry

  1. Any candidate or any 10 electors with a complaint about the conduct of an election or poll may file a petition in the District Court demanding—

  2. an inquiry into the conduct of the election or poll; or
    1. an inquiry into the conduct of a candidate or any other person at the election or poll.

      1. A petition under subsection (1) must—

      2. be filed within 21 days after public notice is given declaring the result or, as the case may be, the amended result of the election or poll; and
        1. be filed in the District Court to which the voting documents for the election or poll to be inquired into were forwarded; and
          1. be accompanied by the prescribed deposit; and
            1. specify the specific grounds on which the complaint is based; and
              1. be heard and determined by a District Court Judge.

                1. If a petition under subsection (1) is filed at the District Court, a Registrar of that court must immediately send a copy of the petition to the electoral officer.

                Compare
                • 1976 No 144 s 99
                Notes
                • Section 93(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).