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Re An Application for a Recount of Electorate Votes in the Nelson Electorate [2023] NZDC 24815

Published 10 November 2023

Application for vote recount — judicial recount — General Election 2023 — Electoral Act 1993, subs 180(5)(a) & (10). This was an application by the National Party candidate in the Nelson electorate for a judicial recount of the official election result for that electorate. The recount was conducted in accordance with s 180(5)(a) of the Electoral Act ("the Act"). The recount was conducted by counting staff in the presence of the Judge and the Returning Officer and staff, scrutineers appointed by the candidates, the Chief Electoral Officer and staff of the Electoral Commission. Where confirmation was required about the status of an informal vote, this was determined by the Judge in front of the scrutineers. The recount resulted in minor variations in numbers, but no overall difference to the outcome. Accordingly, the Judge made an order pursuant to s 180(10) of the Act giving an amended declaration of the result of the poll. The Judge noted the professionalism and skill exercised by the counters and the Electoral Commission staff and scrutineers. Judgment Date: 10 November 2023.