Local Electoral Act 2001

Recounts and inquiries - Petition for inquiry into election or poll

101: Return of deposit

You could also call this:

"Getting your deposit back after an election inquiry"

Illustration for Local Electoral Act 2001

You pay a deposit when you ask for an inquiry into an election or poll. The District Court Judge decides if you get this deposit back. You get it back unless the Judge thinks you did not prove your complaints. If you did not prove your complaints, you lose your deposit. This happens if you did not prove the grounds of complaint or other grounds the Judge allowed. You might get some of your deposit back if you have to pay something under section 100, but the rest is forfeited to the Crown. This rule is affected by any orders made under section 100.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94739.

Topics:

Government and voting > ElectionsMoney and consumer rights > Consumer protection

100: Costs of inquiry, or

"Who pays for checking if an election was fair"

102: New election or poll if election or poll declared void, or

"What happens if an election is cancelled: having a new one"

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

101Return of deposit

The District Court Judge must direct that the deposit required by section 93(2)(c) be returned to the person who paid it unless, in the opinion of the Judge, the petitioner or petitioners have failed to establish—
the grounds of complaint specified in the petition; or
any other grounds investigated with the leave of the Judge.

If paragraph (a) or paragraph (b) of subsection (1) applies, the deposit, or any part of the deposit remaining after any order under section 100 is satisfied, is forfeited to the Crown.
This section applies subject to any order made under section 100.

Compare

1976 No 144 s 106(2)