2548
THE NEW ZEALAND GAZETTE.
[No. 97

In the Election Court under “The Electoral Act, 1902.”—
Election for [State the electoral district], held on the day of , 19 .

To His Honour the Chief Justice of the Supreme Court of New Zealand.

THE petition of A, of [or of A, of , and B, of , as the case may be], whose names are subscribed.

(1.) Your petitioner A is a person who voted [or had a right to vote, as the case may be] at the above election [or claims to have had a right to be returned at the above election, or was a candidate at the above election], and your petitioner B [Here state in like manner the right of each petitioner].

(2.) And your petitioners state that the election was held on the day of , 19 , when A. B., C.D., and E. F. were candidates, and the Returning Officer has returned A. B. as being duly elected [or as the case may be].

(3.) And your petitioners say that [Here state the facts and grounds on which the petitioners rely].

Wherefore your petitioners pray that it may be determined that the said A. B. was not duly elected or returned, and that the election was void [or that the said E. F. was duly elected and ought to have been returned, or as the case may be].

(Signed) A.
B.

7. Evidence need not be stated in the petition, but the Election Court or a Judge may order such particulars as may be necessary to prevent surprise and unnecessary expense, and to insure a fair and effectual trial, in the same way as in ordinary proceedings in the Supreme Court, and upon such terms as to costs and otherwise as may be ordered.

8. When a petitioner claims the seat for an unsuccessful candidate, alleging that such candidate had a majority of lawful votes, the party complaining of or defending the election or return shall, six days before the day appointed for trial, deliver to the Registrar, and also at the address for service, if any, given by the other party, a list of the votes intended to be objected to, and of the heads of objection to each such vote.

9. When the respondent in a petition complaining of an undue return, and claiming the seat for some person, intends to give evidence to prove that the election of such person was invalid pursuant to the 194th section of the Act, such respondent shall, six days before the day appointed for the trial, deliver to the Registrar, and also at the address for service, if any, given by the petitioner, a list of the objections to the election upon which he intends to rely.

10. The Registrar shall allow inspection and office copies of the lists provided for in the two last preceding rules to all parties concerned, and no evidence shall be given against the validity of any vote or upon any head of objection not specified in the list, except by leave of the Election Court or a Judge, and upon such terms as to amendments of the list, postponement of the trial, and payment of costs, as may be ordered.

11. The petitioner shall indorse or cause to be indorsed upon the petition the name of some practising solicitor of the Supreme Court whom he authorises to act as his solicitor, or a statement that he acts for himself, as the case may be, and in either case giving his address for service.

Such address shall be some place in a town in which there is an office of the Supreme Court, such town being situate in the provincial district within which the electoral district to which the petition has relation is wholly or partly situate; or, if the number of such towns exceeds one, then in the one which is nearest to such electoral district.

12. If no such indorsement be made or address given, then all notices and proceedings may be given and served by sticking up the same at the office of the Registrar.

13. Where there are more petitioners than one, each petitioner may have a different solicitor, or they may jointly appoint one solicitor to act for them.

14. Any person returned or declared elected as a member may, at any time after he is returned or declared elected, send to, or leave at, the office of the Registrar, at the town where, according to Rule 11, the petitioner’s address for service would have to be, a writing signed by him or on his behalf appointing a practising solicitor of the Supreme Court to act as his solicitor in case there should be a petition against him, or stating that he intends to act for himself, and in either case giving such an address as hereinbefore provided at which notices may be left.

In default of such writing being left before the service of a petition, or within a week thereafter, notices and proceedings may be given and served respectively by sticking up the same at the office of the Registrar aforesaid.

15. The Registrar shall keep a book at his office in which he shall enter all addresses and the names of solicitors given under any of the preceding rules, which book shall be open to inspection by any person during office hours.

16. A copy of the petition shall be served upon the respondent in the manner in which a writ of summons is served when issued out of the Supreme Court.

If there be more than one respondent a copy shall be served upon each such respondent.

17. Service of such copy petition shall not be effected until the Registrar at Wellington has given notice to the Returning Officer of the district in relation to which the petition has been presented, by telegram or otherwise, that he has received the original petition, and the said Returning Officer shall forthwith notify the petitioner at his address for service that he has received such notice.

18. If the Returning Officer be absent from his usual place of abode, or ill, or unable to act, the Registrar at Wellington shall give the prescribed notice to the Registrar, and such last-mentioned Registrar shall notify the petitioner accordingly.

19. The time for service of a petition shall be not more than seven days from the date of the delivery at the address for service of the petitioner of the notice from the Returning Officer or Registrar.

20. Where a Judge, on an application made to him not later than fourteen days after the petition is presented, on affidavit showing what has been done, shall be satisfied that all reasonable effort has been made to effect personal service and cause the matter to come to the knowledge of the respondent, the Judge may order that what has been done shall be considered sufficient service, subject to such conditions as he may think reasonable.

21. In case of evasion of service, the sticking-up a notice in the office of the Registrar of the petition having been presented, stating the name of the petitioner and the prayer, shall be deemed equivalent to personal service, if so ordered by a Judge.

22. If security is given by deposit of money, the same shall be made by payment into the nearest branch of the Bank of New Zealand, to an account to be opened there by the description of “‘The Electoral Act, 1902,’ Election Petitions Security Fund,” and a bank receipt or certificate for such payment shall be forthwith left with the Returning Officer, to be transmitted by him to the Registrar of the Court at Wellington.

And the said fund shall be vested in the Chief Justice of the Supreme Court for the time being, and may be drawn upon by him from time to time for the purposes of the Act.

23. The Registrar at Wellington shall file such receipt or certificate, and keep a book open to inspection of all parties concerned, in which shall be entered from time to time the amount and the petition to which it is applicable.

24. All claims at law or in equity to money so deposited or to be deposited pursuant to these rules shall be disposed of by the Supreme Court or a Judge.

Money so deposited shall, if and where the same is no longer needed to secure payment of such costs, charges, and expenses, be returned or otherwise disposed of as justice may require, by order of the Supreme Court or a Judge.

Such order may be made after such notice of intention to apply, and proof that all just claims have been satisfied or otherwise sufficiently provided for, as the Supreme Court or a Judge may require.

The order may direct payment either to the party by or on whose behalf the sum is deposited, or to any person entitled to receive the same.

25. Upon such order being made the amount may be drawn for by the Chief Justice for the time being.

The draft of the Chief Justice shall in all cases be a sufficient warrant to the Bank of New Zealand for all payments made thereunder.

26. If security is given by bond, it shall contain the name and usual place of abode of each surety, with such sufficient description as shall enable him to be found or ascertained, and may be in the following form or to the effect thereof, subject to the approval of the Returning Officer:—

Know all men by these presents that we [or I (Names of sureties or surety in full, adding residences and occupations)], (hereinafter called “the sureties”), are held and firmly bound unto His Majesty King Edward the Seventh in the sum of two hundred pounds of good and lawful money of Great Britain, to be paid unto our said Lord the King, his heirs and successors. For which payment well and truly to be made we bind ourselves and every of us, jointly and severally, for and in the whole, and the heirs, executors, and administrators of us, and every of us [or I bind myself, my heirs, executors, and administrators] firmly by these presents, sealed with our seals [or my seal]. Dated this day of , in the year of our Lord one thousand nine hundred and .

WHEREAS hath [or have] presented a petition to His Honour the Chief Justice of the Supreme Court of New Zealand, under the provisions of “The Electoral Act, 1902,” in respect of an election for the Electoral District of , held on the day of : And whereas it is re-