Local Electoral Act 2001

Recounts and inquiries - Petition for inquiry into election or poll

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

You could also call this:

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

Illustration for Local Electoral Act 2001

If an election or poll is declared void, you will have a new election or poll. This new election or poll will follow the same rules as the original one, as far as possible. You will have the new election or poll at a certain time, depending on when the original one was declared void. If the original election or poll was declared void between 25 December and 25 October, you will have the new one as soon as possible, but no later than 103 days after the electoral officer is notified. If it was declared void between 25 October and 25 December, you will have the new one on a day no more than 103 days after 27 December. Only the people who were eligible to vote in the original election or poll can vote in the new one. The electoral roll used for the new election or poll is the same one used for the original election or poll, without any changes. However, if the original election or poll was declared void because of a problem with the electoral roll, a District Court Judge can order changes to be made to the roll for the new election or poll. Only the people who were qualified to be nominated as candidates in the original election can be nominated as candidates in the new election.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94740.


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"Getting your deposit back after an election inquiry"


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102A: Application by electoral officer for inquiry, or

"Electoral officers can ask a court to investigate an election if they think something went wrong."

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

102New election or poll if election or poll declared void

  1. If an election or poll is declared void, a new election or poll must be held or taken under the same provisions, as far as practicable, as those applicable to the void election or poll.

  2. The new election or poll must be held or taken,—

  3. in a case where the election or poll is declared void in the period beginning on 25 December in any year and ending on 25 October in the following year, as soon as is practicable, but not later than 103 days after the date on which the electoral officer is notified of the declaration:
    1. in a case where the election or poll is declared void in the period after 25 October and before 25 December in any year, on a day not more than 103 days after 27 December.
      1. The only persons eligible to vote at the new election or poll are the persons who were eligible to vote at the void election or poll.

      2. The electoral roll to be used for the new election or poll is the electoral roll used at the void election or poll, without any amendments or additions.

      3. Despite subsections (3) and (4), if an election or poll is declared void as a result of an irregularity in the electoral roll, the District Court Judge may order that, for the purposes of the new election or poll,—

      4. specified amendments or additions or deletions be made to that roll; or
        1. specified kinds of amendments or additions or deletions be made to that roll; or
          1. an updated version of that roll be prepared incorporating 1 or more of the changes authorised under paragraphs (a) or (b).
            1. The only persons eligible to be nominated as candidates at the new election are the persons who were qualified to be nominated as candidates at the void election.

            Compare
            • 1976 No 144 s 107
            Notes
            • Section 102(2)(a): amended, on , by section 13(a) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).
            • Section 102(2)(a): amended, on , by section 13(b) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).
            • Section 102(2)(b): amended, on , by section 13(a) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).
            • Section 102(2)(b): amended, on , by section 13(b) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (2024 No 28).