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Local Electoral Act 2001

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

102G: Result of inquiry

You could also call this:

"What happens after a judge checks an election or poll"

Illustration for Local Electoral Act 2001

You are part of an election or poll process. A District Court Judge looks into it. They decide if something went wrong that changed the result. They also check if people lost trust in the election. If the Judge thinks the election or poll is not valid, it is void. You need to know what happens next. If the Judge says the election or poll is valid, the electoral officer tells everyone. They then finish their job with the election or poll. They might need voting documents and materials from the District Court to do this. The Judge's decision does not affect a petition under section 93. You can still look into the election or poll in another way. The electoral officer can get voting documents and materials from the District Court if they need to, as stated in section 102C(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS189167.

Topics:
Government and voting > Elections
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102F: Time for holding inquiry, or

"When an inquiry starts after someone asks for one"

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102H: Provisions that apply to inquiry, or

"Rules to follow when an election or poll is being investigated"

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

102GResult of inquiry

  1. The District Court Judge conducting the inquiry must determine whether—

  2. an irregularity occurred that has—
    1. materially affected the result of the election or poll (which may include, for example, an irregularity resulting in an insufficient number of votes being capable of being counted or relied upon for there to be confidence in any result); or
      1. directly or indirectly severely undermined public confidence in the integrity of the election or the validity of the results (or both); and
      2. as a result of the irregularity, the election or poll is void.

        1. If the District Court Judge determines that the election or poll is not void,—

        2. the electoral officer must, as soon as practicable after the determination,—
          1. give public notice of the determination; and
            1. subject to any direction of the Judge, take any other steps necessary to complete the electoral officer’s functions in relation to the election or poll in accordance with this Act:
            2. if the electoral officer requires the voting documents and materials deposited with the District Court under section 102C(1) for the purpose of paragraph (a)(ii), the voting documents and materials must be provided to the electoral officer.

              1. A determination under this section that an election or poll is not void does not preclude, or determine an inquiry on, a petition under section 93.

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