✨ Election Petition Rules




Numb. 112.

1703

SUPPLEMENT
TO THE

NEW ZEALAND GAZETTE
OF THURSDAY, DECEMBER 29, 1881.

Published by Authority.

WELLINGTON, FRIDAY, DECEMBER 30, 1881.

Rules under "The Election Petitions Act, 1880."

Colonial Secretary's Office,..
Wellington, 30th December, 1881.

THE following rules, made by Judges of the
Supreme Court under "The Election Petitions
Act, 1880," are published for general information at
the request of his Honor the Chief Justice.

THOMAS DICK.

RULES UNDER THE FOURTEENTH SECTION OF "THE
ELECTIONS PETITIONS ACT, 1880."

In pursuance of the provisions of "The Election
Petitions Act, 1880," it is ordered by us, the Chief
Justice and two other of the Judges of the Supreme
Court, that the following shall be general rules under
the said Act for the purposes mentioned in the
fourteenth section thereof :-

Interpretation.

1 In these rules, if not inconsistent with the
context,-

"Court" means the Supreme Court of New
Zealand:

"Judge" means a Judge of the said Court:

"Judges" means the Judges appointed under
the said Act to try an election petition :

"Petitioner" includes petitioners:

"Respondent" includes respondents:

"The Act" means "The Election Petitions Act,
1880;"

"Returning Officer" means the Returning
Officer of the electoral district to which an
election petition has relation:

And generally, where in these rules expressions
or terms are used corresponding to like
expressions or terms used in the Act, such
first-mentioned expressions or terms shall
be deemed to have the meanings attached
thereto respectively by the Act:

"Registrar" means a Registrar of the Supreme
Court, and includes a Deputy-Registrar:

And where in these rules the expression "the
Registrar" is used alone, it shall be under-
stood to mean the Registrar or Deputy-
Registrar of the Supreme Court whose office
is situate in the town where, according to the
rules hereinafter prescribed, the petitioner
or respondent, as the case may be, shall have
given or would have to give an address for
the service of notices and proceedings.

Petition, and Proceedings thereon.

2 The presentation of an election petition shall be
made by leaving it with the Returning Officer of the
district in which the election has been held, and such
Returning Officer shall, if required, give a receipt,
which may be in the following form :--

RECEIVED on the
day of
, at
a petition touching the election of A.B., the member for
, purporting to be signed by [Insert the names of the
petitioners].

C.D.,
Returning Officer.

3 Within seven days after the presentation of the
petition, the petitioner shall, at his own expense,
cause the same to be published in some newspaper
circulating in the district, unless such publication be
excused by the Court or a Judge.

4 An election petition shall contain the following
statements:β€”

  1. It shall state the right of the petitioner to
    petition under section 3 of the Act.

  2. It shall state the holding and result of the
    election, and shall briefly state the facts and
    grounds relied on to sustain the prayer.

5 The petition shall be divided into paragraphs,
each of which, as nearly as may be, shall be confined



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1881, No 112





✨ LLM interpretation of page content

πŸ›οΈ Publication of Rules under The Election Petitions Act, 1880

πŸ›οΈ Governance & Central Administration
30 December 1881
Election Petitions Act 1880, Supreme Court, Rules, Electoral Procedure, Returning Officer
  • Thomas Dick
  • Chief Justice