243A Orders to be made by court after determination under section 243 if list seats allocated

(1)

This section applies if, at the conclusion of the trial of an election petition,—

(a)

the court determines, under section 243, that the candidate who was duly elected was not declared elected under section 179(2) and the candidate who was declared elected under section 179(2) was not duly elected; and

(b)

an allocation of seats by the Electoral Commission under sections 191 to 193 has been made.

(2)

If this section applies, the court must—

(a)

make an order that any declaration of election made pursuant to section 193(5) is invalid so far as it relates to the election of any specified candidate and that the election of any specified candidate is void; and

(b)

order that the Electoral Commission repeat any or all of the procedures prescribed by sections 191 to 193 and make a further declaration under section 193(5); and

(c)

immediately certify in writing to the Speaker the orders made under paragraphs (a) and (b).

(3)

The orders certified under subsection (2)(c) are final for all purposes.

Section 243A: inserted, on 25 March 2014, by section 42 of the Electoral Amendment Act 2014 (2014 No 8).