Members of the Papatoetoe-Ōtara Action Team, from left: Sandeep Saini, Bhalla Kunal, Paramjeet Singh and Kushma Nair.
Local Government Minister Simon Watts says he is closely monitoring developments after a judge voided a South Auckland election result amid claims of widespread voter fraud.
In a decision released yesterday, Judge Richard McIlraith found there were irregularities that materially affected the election result for the Papatoetoe subdivision of the Ōtara-Papatoetoe Local Board.
A new election will now be held to ensure the integrity of the democratic process and maintain public confidence in the election result.
The case was brought by the board’s former deputy chair, Vi Hausia, who alleged widespread theft of voting papers, fraudulent use of stolen voting ballots and other “irregularities”.
During the local body elections, Papatoetoe was the only Auckland electorate to record a significant jump in voter turnout.
Turnout in other Auckland areas dropped, but voting numbers in Papatoetoe increased by more than 7%, with all four seats going to first-time candidates from a new political ticket, the Papatoetoe Ōtara Action Team.
In a statement to the Herald, Watts said local councils were responsible for running their own elections.
The Papatoetoe case had been referred to police by Auckland Council and its electoral officer, Watts said.
A Petition for Inquiry was also brought by a candidate who “noticed something unusual”.
Watts said this was in line with the appropriate process.
“While it is disappointing this has occurred, it demonstrates that the appropriate guardrails are in place and functioning as they should.
“This is a matter that I am watching very closely, and I will continue to assess the situation.”
Hausia lodged his petition against the chief electoral officer, Dale Ofsoske.
The case was heard last week in Manukau District Court before Judge McIlraith, who released his decision yesterday.
The judge said he held grave concerns that the voting irregularities which had been discovered represented the “tip of the iceberg” of issues that affected the outcome of the election, RNZ reported.
“I am seriously concerned that the extent of votes being cast in this election by people other than for whom the voting papers were intended is much greater than the level known by Mr Ofsoske and that it is more likely than not that they were cast for POAT (Papatoetoe Ōtara Action Team) candidates,” he said.
“This fraudulent voting has, in my view, ‘permeated or infected’ the election to such an extent that it is more likely than not that the margin by which Mr Hausia (and possibly others) was unsuccessful may well have been extinguished.”
Hausia told the Herald the court had ruled in favour of democracy and electoral integrity.
He believed the case highlighted the shortcomings of the postal ballot system.
“The system is known to be easy to interfere with, and it’s hard to ensure accountability,” he told RNZ. “So today was an unfortunate event where the risks have unfortunately come to fruition.”
The decision means the election needs to be re-run. Nominations for candidates will be opened on December 31 until midday on January 28 next year. The election will need to be completed by April 9, 2026.
In a statement yesterday, Auckland Council said 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 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.
Labour’s Hausia and two others standing for re-election all missed out at the election.
Hausia was the highest polling unsuccessful candidate and his vote even rose a little from 2022, but he didn’t come close to winning. The Action Team candidates - Kunal Bhalla, Kushma Nair, Sandeep Saini and Paramjeet Singh - all received 1200 to 2000 more votes than him.
The matter was referred to police by the council and is now under investigation.
The Herald has approached the Papatoetoe-Ōtara Action Team for comment but is yet to receive a response.
A spokesman previously said the Action Team candidates had done nothing wrong and the election results simply reflected a well-run campaign.
The court heard evidence, tabled by Ofsoske, that 79 votes were “irregularly” cast.
Hausia’s lawyer, Simon Mitchell KC, said some of those 79 were in the name of people who have declared they didn’t vote, suggesting someone else used their papers.
And 53 of them were from people who declared they did not receive voting papers, so notified the election office and were able to cast a special vote. When the special votes were counted, it was discovered that ordinary votes had already been lodged in their name.
Of those 53, 50 had gone to candidates from the Action Team.
Hausia acknowledged the residents who came forward, his family, his Labour Electorate Committee and members, the Papatoetoe candidates who supported this process, and his legal team.
“It took courage to speak up, and that courage made this outcome possible.
“While the battle has been won, the war to strengthen our democracy is not over. The postal ballot voting system must end,” said Hauisa, who plans to stand in the new election.
Voting papers will now be sent to enrolled electors in the Papatoetoe subdivision of the Ōtara-Papatoetoe Local Board from March 9, with voting open for one month.
Auckland Council chief executive Phil Wilson described the case as an isolated incident in one part of one local board area, Papatoetoe, and assured Aucklanders that elections have delivered robust results for many years.
“I can’t tell you that a postal ballot is bulletproof. But it is the system we need to use, and we will look carefully and quickly at any measures we can take to avoid this ever happening again.
“I am pleased that there is absolutely no suggestion of a problem with the running of the election by the council and its provider, Election Services Ltd,” he said
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