First instance body dealing with electoral disputes

NewZealand Electoral Act 1993 (2010), Part 6 - Elections, p. 237

Recount

180Application to District Court Judge for recount

(1) Any constituency candidate for a district may, within 3working

days after the public declaration made under section 179 inrespect of that district, apply to a District Court Judge for the conduct, inrespect of that district, of a recount of the electorate votes.

NewZealand Electoral Act 1993 (2010), Part 8 -Election petitions, p. 345

229Method of questioning election

(1) No election and no return to the House of Representativesshall

be questioned except by a petition complaining of an unlawful

electionor unlawful return (in this Act referred to as anelection

petition) presented in accordance with this Part.

(2) A petition complaining of no return shall be deemed to be an

election petition, and the HighCourt or the Court of Appeal

may make such order thereon as the court thinks expedient for

compelling a return to be made or may allow the petition to be

heard as provided with respect to ordinary election petitions.

(3) An election petitionrelating to the return of a member of Parliament representing an electoraldistrict or the failure to present areturn at an election for a member of Parliament representing an electoral district shall bepresented to the High

Courtand determined in accordance with sections 230 to 257.

(4) An election petitionrelating to the allocation of seats by the

Electoral Commission under sections 191 to 193 may be presented

to the Court of Appealin accordance with sections 258

to 262.

Forrecount: District Court

Forpetition related to no return: High Court orCourt of Appeal

Allocationof seats: Court of Appeal (The Courtof Appeal is petitioned directly to appeal decisions made by the ElectoralCommission, relating to the allocation of seats under sections191 to 193 of the Electoral Act. See section 258 of the Act)