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Local Electoral Act 2001

Recounts and inquiries - Petition for inquiry into election or poll

99: Election or poll not void by reason of certain irregularities

You could also call this:

"Elections are still valid even if some things don't go exactly as planned."

Illustration for Local Electoral Act 2001

You can't say an election or poll is void because of certain irregularities. If a District Court Judge looks into an election or poll, they consider if it was fair. They check if the irregularities affected the result, using principles from section 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94737.

Topics:
Government and voting > Elections
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"The Judge's Decision on an Election or Poll Investigation"

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

99Election or poll not void by reason of certain irregularities

  1. If subsection (2) applies, an election or poll must not be declared void on the ground of—

  2. any irregularity in any of the proceedings preliminary to the voting; or
    1. any failure to hold the election or poll at any place appointed for holding the election or poll; or
      1. a failure to comply with the directions contained in this Act or any regulations made under this Act as to the conduct of the election or poll or the counting of the votes; or
        1. by any mistake in the use of prescribed forms.

          1. This subsection applies if the District Court Judge conducting an inquiry into the conduct of an election or poll, having taken account of whether the election or poll was conducted in accordance with the principles set out in section 4, considers that the irregularity, failure, or mistake referred to in subsection (1) did not affect the result of the election or poll.

          Compare
          • 1976 No 144 s 120