First instance body dealing with electoral disputes

NewZealand Electoral Act 1993 (2010)

145 Acceptance or rejection of nomination

[…]

(6) In every other case the Returning Officer shall accept thenomination.

(7) Nothing in subsection (6) limits the jurisdiction of the courthearing an election petition.

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 election or 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 undersections 191 to 193 may be presented to the Court of Appeal in accordance with sections 258 to 262.