Plain language law

New Zealand law explained for everyone

Local Electoral Act 2001

Recounts and inquiries - Petition for inquiry into election or poll

100: Costs of inquiry

You could also call this:

"Who pays for checking if an election was fair"

Illustration for Local Electoral Act 2001

You can ask a District Court Judge to decide who pays for an inquiry into an election or poll. The Judge may order someone to pay if they are a party to the inquiry. This order is like a debt that must be paid, and it is enforced under the District Court Act 2016. You cannot be ordered to pay if you are not a party to the inquiry, unless you have been asked to give evidence. The Judge can order an electoral officer to pay if the election or poll is declared void because of something they did wrong. This helps make sure that people are responsible for their actions during an election or poll. The Judge's order has the same effect as a debt, and you must pay it like you would any other debt.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94738.

Topics:
Government and voting > ElectionsMoney and consumer rights > Debt
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99: Election or poll not void by reason of certain irregularities, or

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

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101: Return of deposit, or

"Getting your deposit back after an election inquiry"

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

100Costs of inquiry

  1. The District Court Judge may order that all or part of the expenses of, or incidental to, the inquiry are to be met by—

  2. any party or parties to the inquiry; or
    1. any electoral officer or other electoral official if the Judge declares the election or poll void on the ground of negligence or intentional or reckless misconduct by that electoral officer or other electoral official.

      1. The order has the same effect and may be enforced as a judgment for a debt obtained under the District Court Act 2016.

      2. Despite subsection (1), no order may be made against any person who is not a party to the inquiry unless the person has been summoned to appear and give evidence at the inquiry.

      Compare
      • 1976 No 144 s 106(1)
      Notes
      • Section 100(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).