97 Procedure on reference of application or objection to District Court

(1)

The following provisions of this section shall apply with respect to proceedings on the reference to the District Court of an objection under section 95 or section 96.

(2)

The Electoral Commission, any objector, and the person objected to may appear before the court either in person or by some person appointed by it or him or her in writing or by a barrister or solicitor.

(3)

In the case of an objection, the person objected to may forward to the Registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection.

(3A)

If a person objected to has a physical or mental impairment, that person’s representative may sign and forward to a Registrar of the court a statement giving reasons why the person’s name should not be removed from the roll.

(4)

If any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll.

(5)

Except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined.

(6)

At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection.

(7)

In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit.

(8)

Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply.

(9)

The Electoral Commission must make any additions, deletions, and alterations to the roll that may be necessary to give effect to the order of the court.

Compare: 1956 No 107 s 55; 1975 No 28 s 24(2)(b); 1980 No 29 s 5(8)

Section 97(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 97(2): amended, on 21 March 2017, by section 42(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 97(2): amended, on 21 March 2017, by section 42(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 97(3A): inserted, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 97(3A): amended, on 21 March 2017, by section 42(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 97(9): amended, on 21 March 2017, by section 42(3) of the Electoral Amendment Act 2017 (2017 No 9).