5.1 Judicial recounts

Recount of party votes

After the declaration by the Chief Electoral Officer of the official results, you may apply to a District Court Judge for a recount of party votes in a particular electorate. The application must be:

• made within three working days of the official result for the electorate being declared, and
• accompanied by a deposit of $1,500 (GST inclusive).

You may apply to the Chief District Court Judge for a recount of party votes in every electorate. The application must be:

• made within three working days of the official results in all electoral districts being declared, and
• accompanied by a deposit of $90,000 (GST inclusive).

Recount of electorate votes

Electorate candidates can apply to a District Court Judge for a recount of the electorate votes. The application must be:

• made within three working days of the declaration of the result, and
• accompanied by a deposit of $1,000 (GST inclusive).

If you or one of your candidates wishes to seek a recount, the Chief Electoral Office will provide you with information on the process to be followed.

5.2 Election petitions

The only way to challenge the allocation of party list seats or the election of an electorate candidate is by election petition.

To seek a review of the procedures and methods used to allocate list seats, you must present an election petition to the Court of Appeal. You must do this within 28 days of the Chief Electoral Officer declaring the election of list candidates.

A petition to challenge an electorate vote can be brought by an elector or a candidate for the electorate concerned. Again, it must be presented within 28 days of the Chief Electoral Officer’s declaration of the official results and is made to the High Court.