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Allsop v Daly [2022] NZDC 21346

Published 02 February 2023

Application for recount — local body elections — voting process — informal votes — Local Electoral Act 2001, ss 66, 69 & 90 — Kelliher v Jordan [2016] NZDC 20990 — Butler v Jordan [2011] DCR 399 — Lewers v Queenstown Lakes District Council [2019] NZDC 20986 — Re Bennett (No 2) DC Waitakere CIV-2011-090-987654 DC Waitakere 20 December 2011 — Lester v Lampp (D Ct, Wellington, CIV-2019-085-816, 8 November 2019). The applicant sought a recount of votes cast in the 2022 Christchurch local body elections. She had been a candidate in the elections and had lost her race by a total of 16 votes. Apart from the closeness of the result the applicant was also concerned that the special voting process may have caused informal votes, of which there were a total of 38 in the race. She wanted each individual vote cast in the race to be reviewed. The Court had directed the respondent, who was the Electoral Officer for Christchurch City Council, to file a report on various aspects of the election including the vote-counting process and the reasons why some votes were found to be informal. The respondent considered that there was no need for a recount. The Court found that the applicant had provided evidence of an irregularity in the way that special votes were processed. This amounted to reasonable grounds to believe that the official election results were incorrect and that a recount may lead to the applicant winning the race. According to the Local Electoral Act therefore, the Court had to order a recount. The application was granted. Judgment Date: 2 November 2022.

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