MANA SEEKS TAI TOKERAU RECOUNT MANA President, Lisa McNab 7 October 2014 The MANA Movement is supporting Leader Hone Harawira’s application for a judicial re-count in the Te Tai Tokerau electorate for the 2014 general election. President Lisa McNab says there are a number of serious issues of concern regarding the ability of Maori voters to exercise their basic democratic right to vote. “A judicial re-count will enable some independent scrutiny of some the processes by which hundreds of votes were discarded” said Mrs McNab. We want to ensure that the votes of the people in his electorate are counted to the full extent possible. We are especially concerned about the rejection of special votes rejected because voters could not be found on the electoral roll prepared for the 2014 general election.” A specific request has been made for the assigned judge to look, not only at the actual votes, but also the basis on which special votes were rejected due to the enrolment status of the voter. “Irrespective of whether the recount changes the result of the election in Te Tai Tokerau, these issues need to be independently examined and substantial improvements made ahead of the next election to ensure our people’s basic rights are respected and their participation in the democratic process is encouraged and affirmed.” ENDS For further information, please contact Skye Kimura-Paul on 027 881 9999 MEMORANDUM OF SCRUTINEER 1 Hone Harawira MP has filed an application for a recount of constituency votes cast in Te Tai Tokerau. 2 This memorandum is filed to give your Honour, as well as Electoral Officials, and the scrutineers any other candidate may wish to appoint, as much notice as possible of a matter that may be contentious. It is understood that it is for the Court to give notice of the application for the recount to the returning officer and the candidates (Kelvin Davis of the Labour Party, Te Hira Paenga of the Māori Party, and independent Clinton Dearlove). We request that this memorandum is also brought to their attention. 3 Mr Harawira’s concerns with respect to the Official Count are the large number of special votes that were rejected on the basis that the voter was not enrolled. He aims to ensure that the votes of the people in his electorate are counted to the full extent possible, including reconsideration of special votes rejected because candidates could not be found on the electoral roll prepared for the 2014 general election. 4 The submission that the recount should address the enrolment status of the voters who cast special votes runs counter to the approach taken in the 2011 Waitakere judicial recount, conducted by His Honour Judge Adams. His Honour released a judgement setting out the process he undertook, and noted: [34] I took my direction from the statute, in particular s 180(6). It was my task to replicate the functions of both Returning Office and Justice of the Peace at the official count. What the Returning Officer could do, I could do. What the returning Officer could not do was beyond my scope.Accordingly I ruled that I would not attempt an audit of those who were not on a roll. The Returning Officer must accept the work of the Electoral Enrolment Centre about that. 5 We consider that Judge Adams erred in adopting that approach. Section 180(6) states: (6) The recount shall be made in the presence of the District Court Judge or of an officer appointed by the District Court Judge for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count. 6 This subsection directs the manner in which the count itself is to be conducted. It does not limit the powers of the Judge conducting the recount. Instead, the extent of your Honour’s powers during a recount is clear from section 180(8): (8) The District Court Judge shall have all the powers that the Returning Officer had on the original count, and may, in addition, review any decision of the Returning Officer or the Registrar of Electors in respect of— (a) the checking of special voting declarations; or (b) the allowance or disallowance of special votes. 7 While the Returning Officer may have to accept the work of the Registrar of Electors, it is clear that your Honour does not, and the special votes rejected by the Returning Officer during the Official Count may be looked at afresh. Electoral Act 1993, s 180(5)(b). Judgment (No 2) of Judge J G Adams (judicial recount process) 20 December 2011
Posted on: Tue, 07 Oct 2014 01:45:47 +0000
Trending Topics
Recently Viewed Topics
© 2015