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Local Electoral Act 2001

Recounts and inquiries - Petition for inquiry into election or poll

94: Specified grounds only to be investigated

You could also call this:

"Only the reasons you give can be looked into when checking an election or poll."

Illustration for Local Electoral Act 2001

When you make a petition for an inquiry into an election or poll, only the grounds stated in the petition can be investigated. You need to get leave from the District Court Judge to investigate other grounds. The Judge can give leave after you have given reasonable notice to any affected person and on certain terms and conditions. If your petition is about an election, you can give evidence to prove that the election of a defeated candidate would be invalid. If your petition is about a poll, you can give evidence to prove that a different proposal was carried or rejected. The District Court Judge decides what is fair in each case. You must follow the rules set by the District Court Judge when investigating the grounds of your petition. The Judge's decision is important to ensure a fair inquiry. You should be aware of the rules and follow them carefully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94732.

Topics:
Government and voting > ElectionsCrime and justice > Courts and legal help
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93: Petition for inquiry, or

"Asking for a review of an election result"

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95: Who may be respondent, or

"Who can respond to a petition about an election or poll?"

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

94Specified grounds only to be investigated

  1. No grounds other than those stated in the petition may be investigated, except with the leave of the District Court Judge hearing the petition.

  2. Leave may be given under subsection (1)—

  3. only after reasonable notice has been given to any affected person; and
    1. on such terms and conditions (if any) that the District Court Judge considers just.

      1. Despite subsection (1),—

      2. if the petition concerns an election, evidence may be given to prove that the election of any defeated candidate would be invalid in the same manner as if the petition had complained of the candidate's election:
        1. if the petition concerns a poll, evidence may be given to prove that a proposal other than that declared to be carried was—
          1. carried and not rejected; or
            1. rejected and not carried.

            Compare
            • 1976 No 144 s 100