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Referendums Framework Bill

Schedule 2: Form for petition

You could also call this:

"Form to Ask the Court to Check a Referendum Result"

Illustration for Referendums Framework Bill

If a group of voters are unhappy with the result of a referendum, they can ask the High Court to look into it. You need to fill out a special form to ask for this inquiry. The form asks for information about the group, like how many people are in it and who the spokesperson is.

The group must say why they are unhappy with the result, such as if they think the result was wrong or if something went wrong during the referendum. They can also ask the court to check the number of valid votes or to cancel the referendum result. The group must give their address and the address of their lawyer, if they have one, so the court can send them documents.

The group's spokesperson or lawyer must sign the form, and the group must promise to pay any costs they might owe if they lose the case, as stated in section 232 of the Electoral Act 1993. The form also has a section for the group to list all their members, with their names, addresses, electoral districts, and signatures.

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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=LMS1028767.


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Schedule 1: Transitional, savings, and related provisions, or

"Changes when the new law starts: what you need to know about the transition"


2Form for petition Empowered by s 28(3)

Application for inquiry into conduct of referendum

No:

In the High Court of New Zealand

Registry:

In the matter of the referendum held on [date] on [issue].

Applicant

  • The applicant is a group of [number] electors who are dissatisfied with the result of the referendum.
    1. The names, addresses, electoral districts, and signatures of the members of the group are set out in the appendix to this application.
      1. The spokesperson for the group is [name, address].
        1. The applicant acts—
           
          *Select one.
          1. through a lawyer, who is [name, address]; or
            1. through its spokesperson.
            2. Application

            3. The applicant asks for an inquiry into—
               
              *Select those that apply.
              1. the conduct of the referendum:
                1. the conduct of [name of person complained of, address], who was connected with the referendum:
                2. The specific grounds on which the applicant is dissatisfied with the result of the referendum are as follows:
                  1. the declared result of the referendum was wrong:
                    1. irregularities in the conduct of the referendum materially affected the result:
                      1. irregularities in the conduct of any person connected with the referendum materially affected the result.
                      2.  
                        *Select those that apply.

                      3. The applicant asks the court to—
                         
                        *Select one.
                        1. determine the total number of valid votes recorded for the options in the referendum:
                          1. declare the referendum void.
                          2. The applicant gives security in accordance with section 232 of the Electoral Act 1993 for costs that may become payable by the applicant under that section.
                            1. Address for service

                            2. The applicant’s address for service is [address].
                              1. Signature:

                                (Spokesperson for applicant/Person on behalf of spokesperson for applicant*)

                                 
                                *Select one.

                                Appendix

                                 
                                Members of applicant group
                                Name Address Electoral district Signature