Recount

180 Application to District Court Judge for recount

(1)

Any constituency candidate for a district may, within 3 working days after the public declaration made under section 179 in respect of that district, apply to a District Court Judge for the conduct, in respect of that district, of a recount of the electorate votes.

(2)

Any secretary of a political party that is listed on the part of the ballot paper that relates to the party vote may, within 3 working days after the public declaration made under section 179 in respect of a district, apply to a District Court Judge for the conduct, in respect of that district, of a recount of the party votes.

(3)

Every application under subsection (1) shall be accompanied by a deposit of $1,000 (which deposit shall be inclusive of goods and services tax).

(4)

Every application under subsection (2) shall be accompanied by a deposit of $1,500 (which deposit shall be inclusive of goods and services tax).

(5)

The District Court Judge—

(a)

shall cause a recount of the electorate votes or the party votes, as the case may require, to be commenced within 3 working days after receiving the application; and

(b)

shall give notice in writing of the time and place at which the recount will be made—

(i)

to the Electoral Commission; and

(ii)

in the case of an application made under subsection (1), to each of the candidates who may be affected by the recount; and

(iii)

in the case of an application under subsection (2), to each of the political parties that may be affected by the recount.

(6)

The recount shall be made in the presence of the District Court Judge or of an officer appointed by the District Court Judge for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count.

(7)

No person shall be present at the recount except—

(a)

the District Court Judge or the officer appointed by the District Court Judge; and

(b)

the assistants (if any) of the District Court Judge or the officer appointed by the District Court Judge; and

(c)

the Returning Officer and the assistants (if any) of the Returning Officer; and

(d)

in the case of a recount of electorate votes, the scrutineers appointed under section 175 or section 183(1) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each constituency candidate); and

(e)

in the case of a recount, made on an application under subsection (2), of party votes, the scrutineers appointed under section 183(2)(a) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each political party); and

(f)

in the case of a recount, made on an application under section 181(1), of party votes, the scrutineers appointed under section 183(2)(b) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each political party).

(8)

The District Court Judge shall have all the powers that the Returning Officer had on the original count, and may, in addition, review any decision of the Returning Officer or the Registrar of Electors or the Electoral Commission in respect of—

(a)

the checking of special voting declarations; or

(b)

the allowance or disallowance of special votes.

(9)

Any decision referred to in subsection (8) and any other decision made by the Returning Officer in the exercise of the Returning Officer’s powers on the original count may be confirmed, reversed, or set aside by the District Court Judge.

(10)

If on the recount the District Court Judge finds that the public declaration was incorrect, the District Court Judge shall order the Electoral Commission to give an amended declaration of the result of the poll.

(11)

The District Court Judge may make such order as to the costs of and incidental to the recount as the District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it.

Compare: 1956 No 107 s 117; 1990 No 1 s 61(1)

Section 180(1): substituted, on 6 December 1995, by section 58(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(2): substituted, on 6 December 1995, by section 58(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(5)(a): substituted, on 6 December 1995, by section 58(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(5)(b)(i): replaced, on 21 March 2017, by section 89(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 180(7)(d): substituted, on 6 December 1995, by section 58(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(7)(e): substituted, on 6 December 1995, by section 58(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(7)(f): added, on 6 December 1995, by section 58(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(8): amended, on 21 March 2017, by section 89(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 180(10): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 180(10): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).