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Local Electoral Act 2001

Recounts and inquiries - Application by electoral officer for inquiry into election or poll

102A: Application by electoral officer for inquiry

You could also call this:

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

Illustration for Local Electoral Act 2001

You can ask for an inquiry into an election or poll if you are an electoral officer and think something has gone wrong. You must have good reasons to think this and the problem must be of a certain type, like the ones described in section 102G(1)(a). You can make this request to the District Court. You can make this request with other electoral officers if you want. The request must be made after voting has closed and before the official results are announced, and no more than 21 days after voting has closed. It must also be given to other electoral officers who are affected by the request. An election or poll is affected if its outcome depends on votes from another election or poll. The District Court will hear and decide on your request.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS189161.

Topics:
Government and voting > Elections
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102: New election or poll if election or poll declared void, or

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

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102B: Preliminary or official results not to be announced or declared, or

"No announcing election results while an inquiry is happening"

Part 4Recounts and inquiries
Application by electoral officer for inquiry into election or poll

102AApplication by electoral officer for inquiry

  1. An electoral officer who has reasonable grounds to believe that an irregularity of the type described in section 102G(1)(a) has occurred in relation to an election or poll for which the electoral officer is responsible may apply to the District Court for an inquiry into the election or poll.

  2. The application may be made jointly with 1 or more electoral officers responsible for affected elections or polls.

  3. The application must—

  4. be filed after the close of voting and before the official results are declared, but in any case not more than 21 days after the close of voting; and
    1. be served on the electoral officer responsible for any affected election or poll that is not a subject of the application; and
      1. be heard and determined by a District Court Judge.

        1. For the purposes of this section, an election or poll is affected if the outcome of the election or poll is to be determined (to any extent) by votes cast in any election or poll conducted in conjunction with an election or poll described in subsection (1).

        Compare
        Notes
        • Section 102A: inserted, on , by section 10 of the Local Electoral Matters Act 2019 (2019 No 7).