General provisions

256 Withdrawal and substitution of respondents before trial


If, before the trial of an election petition to which section 229(3) applies, a respondent other than the Electoral Commission


dies; or


gives the prescribed notice that he or she does not intend to oppose the petition; or


loses his or her seat by reason of the House of Representatives resolving that the seat is vacant,—

notice thereof shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed 3.


A respondent who has given the prescribed notice that he or she does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon, and shall not sit or vote in the House of Representatives until that House has been informed of the report on the petition.


Where a respondent has given the prescribed notice as aforesaid, the court shall report that fact to the Speaker.

Compare: 1956 No 107 s 182

Section 256(1): amended, on 21 March 2017, by section 108 of the Electoral Amendment Act 2017 (2017 No 9).