Local Electoral Act 2001

Recounts and inquiries - Petition for inquiry into election or poll

97: Powers of District Court Judge

You could also call this:

"What powers does a District Court Judge have during an election inquiry?"

Illustration for Local Electoral Act 2001

When you are part of an inquiry into an election or poll, the District Court Judge has certain powers. The Judge can make people come to the inquiry, make them give evidence, and keep everything orderly, just like they would in a normal court case. The Judge can also decide to recount the votes or check them closely at any time during the inquiry. If the Judge decides to recount the votes or check them closely, they must not count the votes of people who were not allowed to vote or who voted more than once. The Judge's powers are important for making sure the inquiry is fair. The Judge's decisions help keep the inquiry running smoothly and ensure that everything is done correctly. The District Court Judge's powers help them run the inquiry and make decisions about the votes. They can use these powers to make sure the inquiry is fair and that the votes are counted correctly. This helps the Judge make a decision about the election or poll.

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96: Time for holding inquiry, or

"When an election inquiry must start and how you find out about it"


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98: Result of inquiry, or

"The Judge's Decision on an Election or Poll Investigation"

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

97Powers of District Court Judge

  1. For the purposes of the inquiry, the District Court Judge conducting it—

  2. has and may exercise all the powers of citing parties, compelling evidence, and maintaining order that the Judge would have in the Judge's ordinary civil jurisdiction; and
    1. may, in addition, at any time during the inquiry direct a recount or scrutiny of the votes given at the election or poll.
      1. If a recount or scrutiny is conducted under subsection (1)(b), the District Court Judge must disallow the vote of every person who—

      2. has voted, despite not being entitled to vote at the election or poll; or
        1. has voted more than once at the election or poll.
          Compare
          • 1976 No 144 s 103