Plain language law

New Zealand law explained for everyone

Local Electoral Act 2001

Recounts and inquiries - Recount of votes cast at election

92A: Costs of recount

You could also call this:

"Who pays for counting votes again after an election?"

Illustration for Local Electoral Act 2001

You can ask for a recount of votes after an election. If you are a candidate and you ask for a recount under section 90, the District Court Judge decides who pays for the recount. The Judge can make any order about the costs that they think is fair. You will get your deposit back unless the Judge says otherwise. If an electoral officer asks for a recount under section 90A, the local authority usually pays for the recount. However, the Judge might decide it is unfair for the local authority to pay if they think it is unreasonable. The Judge's decision is final and they consider what is fair when making their decision.

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 It might be out of date or be missing some parts.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=LMS906934.

Topics:
Government and voting > ElectionsMoney and consumer rights > Taxes
Previous

92: Conduct of recount, or

"How a Recount of Votes is Done"

Next

92B: Affected candidate may withdraw if votes tied after recount, or

"What happens if votes are tied after a recount in an election"

Part 4Recounts and inquiries
Recount of votes cast at election

92ACosts of recount

  1. If the recount is conducted on application by a candidate under section 90, the District Court Judge—

  2. may make any order as to the costs of, and incidental to, the recount that the Judge considers just; and
    1. subject to any order, must direct that the deposit required by section 90 be returned to the person who paid it.

      1. If the recount is conducted on application by an electoral officer under section 90A, the District Court Judge must order the local authority to meet the costs of, and incidental to, the recount, unless the Judge considers that it would be unreasonable for the local authority to bear those costs.

      Notes
      • Section 92A: inserted, on , by section 34 of the Local Government Electoral Legislation Act 2023 (2023 No 57).