Rumb. 97. 2547

SUPPLEMENT

TO THE

NEW ZEALAND GAZETTE

OF

THURSDAY, NOVEMBER 20, 1902.

Published by Authority.

WELLINGTON, FRIDAY, NOVEMBER 21, 1902.

Rules for Elections Petitions under Section 181 of “The Electoral Act, 1902.”

IN pursuance of the provisions of “The Electoral Act, 1902,” 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 section 181 thereof:—

INTERPRETATION.

1. In these rules, if not inconsistent with the context,—
   “Election Court” means the Election Court under the Act:
   “Supreme Court” means the Supreme Court of New Zealand:
   “Judge” means a Judge of the Supreme Court:
   “Petition” means an election petition under the Act:
   “Petitioner” includes petitioners:
   “Respondent” includes respondents:
   “The Act” means “The Electoral Act, 1902”:
   “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 understood 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 (hereinafter referred to as his “address for service”).

PETITION, AND PROCEEDINGS THEREON.

2. The presentation of an election petition shall be made by leaving it with the Returning Officer of the electoral 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 Election Court or a Judge.

4. An election petition shall contain the following statements:—

(1.) It shall state the right of the petitioner to petition under section 174 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 to a distinct portion of the subject, and every paragraph shall be numbered consecutively; and no costs shall be allowed of drawing or copying any petition not substantially in compliance with this rule, unless otherwise ordered by the Election Court or a Judge.

6. The petition shall conclude with a prayer, as, for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, or that a return may be enforced, as the case may be, and shall be signed by all the petitioners.

The following form, or one to the like effect, shall be sufficient:—