Requirement to issue reasoned decision

NewZealand Electoral Act 1993 (2010), Part 8 –Election petitions, p. 348

236 Trial ofpetition

(1) An electionpetition to which section 229(3) applies shall be

tried in opencourt without a jury, and notice of the time and

place of trialshall be given not less than 14 days before the

day of trial.

262Certificate of court as to result of petitions

At theconclusion of the trial of an election petition to which section 258 applies, the Court of Appealshall—

(a) determinewhether the procedures used to allocate seats to political parties under sections 191 to 193 were correct:

(b) determinewhether the return of members of Parliament consequential upon the allocationunder sections 191 to 193 is valid:

(c) makesuch orders as are necessary to correct any error or invalidity, including—

(i) anorder that any declaration of election made pursuant to section 193(5), so far as it relates to anycandidate named in the order, is invalid and the election of that candidatevoid:

(ii) anorder that any candidate not named in a declaration of election made pursuantto section 193(5) is elected as a member ofParliament:

(iii) anorder requiring the Electoral Commission to repeat any or all of the proceduresprescribed by sections 191 to 193:

(d) forthwithcertify in writing its determination to the Speaker and the determination socertified shall be final to all intents and purposes.

181 Applicationby political party for recount in every electoral district

(1) Any secretary of a political party listed onthe part of the ballot paper that relates to the party vote may, instead ofmaking 1 or more separate applications for recounts under section180(2), apply to the Chief District Court Judge for recounts of the partyvotes to be conducted in every electoral district.

(2) Every application undersubsection (1) must be made within 3 working days after the date of thelast public declaration made under section179 for any electoral district.

(3) Every application undersubsection (1) shall be accompanied by a deposit of $90,000 (which depositshall be inclusive of goods and services tax).

(4) The Chief District Court Judgeshall cause a separate recount of the party votes to be conducted for eachelectoral district and, for that purpose, shall, within 3 working days afterreceiving the application for the recounts, arrange, in respect of each recount,for a District Court Judge to conduct it.

(5) Each recount conducted under thissection shall be conducted in accordance with subsections (5) to (10) of section180, except that each recount shall be commenced within 3 working days ofthe date on which the District Court Judge conducting the recount is assignedthat task.

(6) At the conclusion of all recountsunder this section, the Chief District Court Judge may make such order ororders as to thecosts of and incidental to those recounts as the Chief District Court Judgethinks just, and, subject to any such order, shall direct that the deposit madeunder this section be returned to the person who paid it.

http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view