Plain language law

New Zealand law explained for everyone

Local Electoral Act 2001

Recounts and inquiries - Recount of votes cast at election

90A: Application by electoral officer for recount

You could also call this:

"Asking for a Recount of Votes in a Local Election"

Illustration for Local Electoral Act 2001

You can ask for a recount if two or more candidates get the same number of votes. The electoral officer must apply to a District Court Judge for a recount if one more vote would make one candidate win. The application must be made after all valid votes are counted and before the official results are declared. You need to know that the District Court Judge will order a recount as soon as possible after getting the application. The Judge will also tell the electoral officer, candidates, and scrutineers when and where the recount will happen, as stated in section 66 or 91. The Judge will make sure everyone knows about the recount. The electoral officer must act quickly to apply for a recount. The District Court Judge will then make a recount of the votes as soon as possible. The Judge will give notice of the recount to the people involved, including the electoral officer and candidates.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS906931.

Topics:
Government and voting > Elections
Previous

90: Application by candidate for recount, or

"Asking for a Recount if You Think the Vote Count is Wrong"

Next

91: Scrutineers at recount, or

"Watching the vote recount: choosing a scrutineer"

Part 4Recounts and inquiries
Recount of votes cast at election

90AApplication by electoral officer for recount

  1. An electoral officer must apply to a District Court Judge for a recount if—

  2. an equal number of votes is received by 2 or more candidates in an election; and
    1. the addition of 1 vote would entitle one of those candidates to be declared elected.

      1. The application must be made as soon as practicable after all valid votes have been counted and before the official results are declared.

      2. The District Court Judge must, as soon as practicable after receiving the application,—

      3. cause a recount of the votes to be made; and
        1. give notice in writing to the electoral officer, each of the candidates, and each scrutineer appointed under section 66 or 91 of the time and place at which the recount will be made.

          Notes
          • Section 90A: inserted, on , by section 32 of the Local Government Electoral Legislation Act 2023 (2023 No 57).