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Referendums Framework Bill

Provisions relating to referendum - Petitions

28: Petition for inquiry

You could also call this:

"Challenging a referendum result: how to ask the High Court to investigate"

Illustration for Referendums Framework Bill

If you are unhappy with the result of a referendum, you can ask the High Court to investigate. You need to be part of a group of at least 200 voters who are dissatisfied with the result. The result is announced in the Gazette under section 26(1). You can ask the High Court to look into the referendum itself or someone involved with it.

You must say why you are complaining, and it can only be because the announced result was wrong or something went wrong during the referendum that changed the result. Your complaint must be in a special form, which is set out in Schedule 2, and include the information that form asks for.

You need to file your complaint with the High Court within 28 days of the result being published in the Gazette under section 26(1). You file it at the High Court nearest to where you or one of the people in your group lives. The High Court will then send a copy of your complaint to the Electoral Commission.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028656.

Topics:
Government and voting > Elections
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"How to challenge a referendum result in court"

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"Who can oppose a petition and respond to it"

Part 2Provisions relating to referendum
Petitions

28Petition for inquiry

  1. If a group of 200 or more electors is dissatisfied with the result of the referendum, as declared by notice in the Gazette under section 26(1), they may petition the High Court for an inquiry into the conduct of—

  2. the referendum; or
    1. any person connected with it.

      1. A petition must specify the grounds of the complaint, which may only be that—

      2. the result declared under section 26(1) was wrong; or
        1. irregularities in the conduct of the referendum or of any person connected with it materially affected the result.

          1. A petition must be in the form set out in Schedule 2 (or in a similar form) and include the information specified in that form.

          2. A petition must be filed—

          3. not later than 28 days after publication of the Gazette notice under section 26(1); and
            1. in the registry of the High Court nearest to the place where 1 or more of the petitioners live.

              1. The Registrar of the High Court where the petition is filed must send a copy of the petition to the Electoral Commission.