Key Takeaways
- The Manukau District Court has ruled in favor of democracy and electoral integrity, declaring the recent tara-Papatoetoe Local Board election invalid due to irregularities.
- The election will be re-run, with nominations opening on December 31 and voting taking place from March 9.
- The court found that 79 votes were irregularly cast, with 53 of them being from people who did not receive voting papers but had ordinary votes lodged in their name.
- The Papatoetoe-tara Action Team, which won the original election, will have to stand again in the re-run election.
- The outcome of the case has been welcomed by former deputy chair Vi Hausia, who lost his seat in the original election and plans to stand again.
Introduction to the Court Ruling
The Manukau District Court has made a significant ruling in favor of democracy and electoral integrity, declaring the recent tara-Papatoetoe Local Board election invalid due to irregularities. The court’s decision is a reminder that democracy is not a given, but a privilege that requires careful protection. The case was heard before Judge McIlraith, who released his decision after considering evidence of irregularities in the voting process. The ruling means that the election will be re-run, with nominations opening on December 31 and voting taking place from March 9.
The Irregularities in the Election
The court heard evidence that 79 votes were irregularly cast, with 53 of them being from people who did not receive voting papers but had ordinary votes lodged in their name. This raised concerns about the integrity of the electoral process and the potential for voter fraud. The evidence was tabled by Dale Ofsoske, and it suggested that someone else may have used the voting papers of people who did not intend to vote. The irregularities were significant enough to affect the outcome of the election, with the winning candidates from the Papatoetoe-tara Action Team receiving 1200 to 2000 more votes than the highest polling unsuccessful candidate, Vi Hausia.
The Impact on the Local Board
The court’s decision means that the three tara elected members will remain on the Local Board, but the board will not have the required quorum of four members to make decisions until the election is completed. Until the newly elected members come into office, decisions will likely need to be made by staff, under delegation within the terms of the existing general delegation to staff. Any decisions taken by the board to date remain valid, but the board’s ability to function effectively will be limited until the new election is held.
The Response to the Court Ruling
The outcome of the case has been welcomed by former deputy chair Vi Hausia, who lost his seat in the original election. Hausia acknowledged the residents who came forward to report irregularities and his legal team, who worked to challenge the election result. He also expressed his gratitude to his family and supporters, who stood by him throughout the process. Hausia plans to stand again in the new election and has called for an end to the postal ballot voting system, which he believes is vulnerable to abuse.
The Way Forward
The council has acknowledged the judge’s comments that the election was carried out properly, but the irregularities were significant enough to affect the outcome. The council will publish a public notice providing details of the Papatoetoe subdivision election on December 31, and voting papers will be sent to enrolled electors from March 9. The voting period will be open for one month, and the outcome of the election will determine the composition of the tara-Papatoetoe Local Board. The court’s decision is a reminder of the importance of protecting the integrity of the electoral process and ensuring that the voices of the community are heard.
Conclusion
The Manukau District Court’s ruling is a significant victory for democracy and electoral integrity. The decision to re-run the election is a reminder that the electoral process must be protected from irregularities and abuse. The outcome of the case has been welcomed by former deputy chair Vi Hausia, who plans to stand again in the new election. The council will now work to ensure that the new election is conducted fairly and transparently, and that the voices of the community are heard. The ruling is a reminder that democracy is not a given, but a privilege that requires careful protection and vigilance.