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Referendums Framework Bill

Provisions relating to referendum - Petitions

31: Jurisdiction of High Court

You could also call this:

"What happens if someone takes a referendum issue to the High Court"

Illustration for Referendums Framework Bill

If a petition about a referendum is taken to court, it will be heard in a public court without a jury. You can think of a petition like a formal complaint. The High Court can decide to look into other issues related to the petition, not just what is written in it. The court can set conditions for this, and it's up to them to decide what is fair.

The court has the power to investigate and make decisions on matters related to the petition, including checking if the number of valid votes for an option was correct. They can also order a recount of some or all of the referendum votes.

At the end of the court case, the court must make some important decisions. They will announce the total number of valid votes for each option in the referendum, and the total number of informal votes. Alternatively, they can declare the referendum result invalid if they think something went wrong that affected the outcome.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028659.

Topics:
Government and voting > Elections
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30: Procedural matters, or

"Rules to help run a referendum petition fairly and smoothly"

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32: Fresh referendum, or

"What happens if a referendum is deemed invalid and a new one is held"

Part 2Provisions relating to referendum
Petitions

31Jurisdiction of High Court

  1. A referendum petition under this subpart must be tried in open court without a jury.

  2. The High Court may give leave for grounds other than those stated in the petition to be inquired into, on whatever terms and conditions that the court considers just.

  3. Despite section 28(2), the court may, in its discretion, inquire into and adjudicate on any matter relevant to the petition including, in particular,—

  4. receiving evidence that the number of valid votes cast for an option was higher or lower than the number declared under section 26(2):
    1. directing that there be a recount of some or all of the referendum votes.

      1. At the conclusion of the trial of a petition, the court must—

      2. determine and declare—
        1. the total number of valid votes recorded for each option for each question in the referendum voting paper; and
          1. the total number of informal votes cast; or
          2. declare that the referendum is void because of an irregularity that, in the opinion of the court, materially affected the result of the referendum.