New Zealand Legislation: Regulations
Regulations are laws made under Acts
Schedule |
Form 1 |
In the High Court of New Zealand
[Name of registry] Registry
No: [number of proceeding]
In the matter of an election petition relating to the [name of electoral district] Electoral District
Between [full name(s) of petitioner(s)] (petitioner(s))
And [full name(s) of respondent(s)] (respondent(s))
This petition relates to the election of a member of Parliament for the Electoral District of:
Polling day: [specify]
Candidate(s): [specify]
Candidate returned as duly elected by Chief Electoral Officer: [specify]
Day on which the Chief Electoral Officer publicly notified result of poll:
Note: See section 230(1) of the Electoral Act 1993 for the persons who may present a constituency election petition.
Name(s): [specify]
Name(s): [Specify the name of the candidate whose election or return this petition complains of. If the petition complains of the conduct of the Chief Electoral Officer, specify the Chief Electoral Officer’s name. If the petition complains of the conduct of the Registrar of Electors, specify the Registrar's name.]
The petition is based on the following grounds:
The petition relies on the following facts:
The petition seeks the following determination(s): [for example, that the candidate returned was not duly elected or returned and that the election was void, or that the candidate was duly elected and should have been duly returned].
Date:
Signed: [name(s), signature(s) of petitioner(s)]
Once completed, this petition must be presented by being filed—
(a) in the Registry of the High Court nearest the place where the election was held (see section 230(4) of the Electoral Act 1993); and
(b) within 28 days after the day on which the Chief Electoral Officer publicly notified the result of the poll (unless section 231(2) of the Electoral Act 1993 applies).
The petition is filed by the petitioner(s) in person. The address for service of the petitioner(s) is:
or
The petition is filed by [name], solicitor for the petitioner(s), of the firm [name of firm]. The address for service of the petitioner(s) is:
Documents for service on the petitioner(s) may be left at that address for service or may be—
(a) posted to the solicitor at [post office box address]; or
(b) left for the solicitor at a document exchange for direction to [document exchange box number]; or
*(c) transmitted to the solicitor by fax to [fax number]; or
*(d) emailed to the solicitor at [email address].
or
The petition is filed by [name], solicitor for the petitioner(s), of the firm [name of firm], whose postal address is:
The solicitor’s agent in the proceeding is:
The address for service of the petitioner(s) is:
Documents for service on the petitioner(s) may be left at that address for service or may be—
(a) posted to the solicitor at [specify address]; or
(b) left for the solicitor at a document exchange for direction to [specify document exchange box number]; or
*(c) transmitted to the solicitor by fax to [specify fax number]; or
*(d) emailed to the solicitor at [specify email address].
| *Omit if this method of service is unacceptable. |
Form 2 |
In the High Court of New Zealand
[Name of registry] Registry
No: [number of proceeding]
In the matter of an election petition relating to the [name of electoral district] Electoral District
Between [full name(s) of petitioner(s)] (petitioner(s))
And [full name(s) of respondent(s)] (respondent(s))
I/We*, [specify full name, residence, and occupation of each, surety], am/are jointly and severally* bound to pay to the Crown any amount not exceeding $[sum], unless the petitioner(s) pays/pay* all costs that become payable by the petitioner(s)—
(a) to any witness summoned on the petitioner’s/petitioners’* behalf; and
(b) to the respondent(s).
| *Select one. |
Signature: [signature(s) or common seal of each surety]
This bond was signed by [name of each surety]
Date: [place, date]
Before me: [name, signature]
(a solicitor of the High Court of New Zealand/Registrar or Deputy Registrar of the High Court of New Zealand/Notary Public*)
| *Select one. |
Form 3 |
In the High Court of New Zealand
[Name of registry] Registry
No: [number of proceeding]
In the matter of an election petition relating to the [name of electoral district] Electoral District
Between [full name(s) of petitioner(s)] (petitioner(s))
And [full name(s) of respondent(s)] (respondent(s))
The petition will be tried at [place, date], at [time, am/pm], or as soon after that time as the parties may be heard.
Date:
Signature:
(Deputy Registrar/Registrar* of the High Court at [place])
| *Select one. |
Form 4 |
In the High Court of New Zealand
[Name of registry] Registry
No: [number of proceeding]
In the matter of an election petition relating to the [name of electoral district] Electoral District
Between [full name(s) of petitioner(s)] (petitioner(s))
And [full name(s) of respondent(s)] (respondent(s))
The petitioner(s) will at such time and place as the court appoints, being at least 5 working days after the [date], apply to the High Court for leave to withdraw the petition on the grounds that: [specify grounds].
At the hearing of the application for leave to withdraw the petition, a person may apply to be substituted as a petitioner, if (and only if)—
(a) the person might in the first instance have presented the petition; and
(b) the person has given the Registrar of the Court, within 5 working days after the publication of this notice, written notice that the person intends to apply to be substituted.
Date:
Signature(s) of petitioner(s):
Form 5 |
In the High Court of New Zealand
[Name of registry] Registry
No: [number of proceeding]
In the matter of an election petition relating to the [name of electoral district] Electoral District
Between [full name(s) of petitioner(s)] (petitioner(s))
And [full name(s) of respondent(s)] (respondent(s))
The petitioner(s) will on the [date], at [time, am/pm] (the time and place appointed for the purpose by the court), or as soon after that time as the petitioner(s) may be heard, apply to the court for leave to withdraw the petition on the grounds that [specify grounds] and on the grounds that the prescribed notice of the petitioner’s/petitioners'* intention to make this application has been duly served and published.
| *Select one. |
Date:
Signature(s) of petitioner(s):
Form 6 |
In the High Court of New Zealand
[Name of registry] Registry
No: [number of proceeding]
In the matter of an election petition relating to the [name of electoral district] Electoral District
Between [full name(s) of petitioner(s)] (petitioner(s))
And [full name(s) of respondent(s)] (respondent(s))
This petition has abated because the petitioner(s)/the survivor of the petitioner(s)* has died.
| *Select one. |
Any person who might in the first instance have presented the petition may apply to the High Court to be substituted as a petitioner by giving notice to the Registrar of the Court within 20 working days from the date of publication of this notice.
Date:
Signature:
(Deputy Registrar/Registrar* of the High Court at [place])
| *Select one. |