Application for a recount of votes — local election — Local Electoral Act 2001, s 90 — Butler v Jordan as Returning Officer of the Dunedin City Council [2011] DCR 399 — Kelliher v Jordan as Electoral Officer for the Dunedin Council and the Otago Regional Council [2016] NZDC 20990 — Z v Dental Complaints Assessment Committee [2009] 1 NZLR 1. The applicant sought a recount of the votes for the 2019 Election for the Queenstown-Wakatipu Ward. He had lost out on one of the six available vacancies for the Queenstown-Wakatipu Ward by a margin of a single vote. He had received 2,183 votes and the sixth highest polling candidate received 2,184. The application was made under s 90 of the Local Electoral Act (the Act). The Judge could grant the application if satisfied that the applicant had reasonable grounds to believe that the public declaration by the electoral officer of the number of votes received by any candidate was incorrect, and that on a recount the applicant might be elected. If those grounds were made out then the Judge must cause a recount of the votes to be made; and give notice in writing to the electoral officer and to each of the candidates and scrutineers appointed under the Act of the time and place at which the recount will be made. In support of the application was the closeness of the vote, that there were four "informal" votes, a discrepancy in data provided by the vote counting company and lack of information about the scanning devices. The Judge was convinced by the closeness of the vote and the fact that there were four informal votes. An informal vote is described in the Queenstown Lakes District Council website as being a vote where a voter has not clearly indicated the candidate they have voted for. If any of those informal votes were actually for the applicant then he may have been elected. The Judge was satisfied the grounds in s 90 were made out and ordered a recount. Judgment Date: 24 October 2019.