9.1 Judicial recounts

Recount of party votes

After the declaration by the Electoral Commission of the official results, the party secretary may apply to a District Court Judge for a recount of party votes in a particular electorate. The application must be:

• made within three working days of the official result for the electorate being declared, and
• accompanied by a deposit of $1,500 (GST inclusive).

The party secretary may apply to the Chief District Court Judge for a recount of party votes in every electorate. The application must be:

• made within three working days of the official results in all electoral districts being declared, and
• accompanied by a deposit of $90,000 (GST inclusive).

Recount of electorate votes

Electorate candidates can apply to a District Court Judge for a recount of the electorate votes. The application must be:

• made within three working days of the declaration of the result, and
• accompanied by a deposit of $1,000 (GST inclusive).

The Judge must start both electorate vote and any party vote recounts within three working days of receiving the application and inform the political parties when and where it will take place.

If the party or one of its candidates wishes to seek a recount, the Electoral Commission will provide information on the process to be followed.

9.2 Election petitions

The only way to challenge the allocation of party list seats or the election of an electorate candidate is by election petition.

To seek a review of the procedures and methods used to allocate list seats, the party must present an election petition to the Court of Appeal. The party must do this within 28 days of the Electoral Commission declaring the election of list candidates.

A petition to challenge an electorate vote can be brought by an elector or a candidate for the

electorate concerned. Again, it must be presented within 28 days of the Electoral Commission’s declaration of the official results and is made to the High Court.

9.3 Referendum petitions

The only way to challenge the result of the referendum is by referendum petition. A petition may be brought by a group of 6 or more electors and is heard by three High Court Judges. It must be brought within 28 days of the Electoral Commission declaring the official results.