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Manukau District Court Judge Richard McIlraith has voided the election of the Papatoetoe subdivision of the Ōtara-Papatoetoe Local Board in this year’s local elections.
A new election for the subdivision will need to be completed by April 9 next year, Auckland Council says.
The judge found there were irregularities that materially affected the result of the election.
The council says it acknowledges the judge’s comments that the election was carried out properly “and in accordance with all requirements”, including by Independent Election Services and Dale Ofsoske.
The decision means the election needs to be re-run. Nominations for candidates will be opened on December 31 until midday on January 28, 2026.
Voting papers will be sent to enrolled electors in the Papatoetoe subdivision of the Ōtara-Papatoetoe Local Board from March 9, with voting open for one month.
The three Ōtara 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 new elected members come into office, it’s likely decisions will 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.
A public notice providing details of the Papatoetoe subdivision election will be published on the council website on December 31.
In November, Counties Manukau Police revealed an investigation was under way following a fraud complaint in relation to the Ōtara-Papatoetoe Local Board election.
Detective Inspector Shaun Vickers said police were investigating 16 complaints forwarded to them from Election Services.
“This investigation remains in the early stages, however they relate to allegations of electoral fraud.”
In an update to the Times today, December 16, police say their investigation remains ongoing and no charges have been laid.
