The winning candidates of last year's local government election for the Papatoetoe subdivision of Ōtara-Papatoetoe Local Board have filed a petition in the High Court seeking a judicial review of the Manukau District Court ruling that declared the election void amid allegations of voter fraud.
It's the first time the election winners have released a statement to media since the District Court ruling was handed down in December.
Kunal Bhalla, spokesperson for the Papatoetoe Ōtara Action Team - who along with Sandeep Saini, Paramjeet Singh and Kushma Nair - was elected to the local board in October, called the District Court ruling "significant and complex" in a statement on Thursday.
"It is important to emphasize that the District Court did not make any findings of wrongdoing against the Papatoetoe Ōtara Action Team or any of its candidates," Bhalla said.
"The District Court found that a small number of ballot papers - 79 ballot papers in total or about 0.7 percent of the total votes cast - were misused.
"Whether those responsible were attempting to assist or disadvantage any candidates, or were acting irresponsibly or mischievously, we unequivocally condemn those actions."
Bhalla confirmed the Papatoetoe Ōtara Action Team had filed proceedings in the High Court seeking judicial review of the District Court judgment.
"Our application raises concerns that the case presented to the District Court did not reach the rigorous factual and legal standards required before an election can properly be set aside," he said.
"We have taken that step to ensure that the legal framework applied, and the material relied upon, are carefully and independently examined in accordance with the law - not only for this case, but for the integrity of future electoral challenges," he said.
"We have full respect for the judicial process and are confident the High Court will consider the matter fairly and independently.
"We are seeking an urgent hearing because, if the District Court judgment is set aside, it may be that the March by-election should not proceed."
Lehopoaome Vi Hausia is a former Ōtara-Papatoetoe Local Board member. Photo: Supplied
At a preliminary hearing at Manukau District Court in November, Judge Richard McIlraith ordered five ballot boxes containing votes from the electorate to be transferred from Auckland District Court, where they were being kept, to Manukau for scrutineering in the presence of Judge McIlraith, legal counsel for petitioner and former Ōtara-Papatoetoe Local Board member Lehopoaome Vi Hausia and independent electoral officer for Auckland Dale Ofsoske, as well as Ofsoske himself.
Seventy-nine voting papers were subsequently identified during examination as having been cast without the rightful voter's knowledge.
At a hearing early in December, legal counsel for Ofsoske acknowledged there had been irregularities in some of the ballots cast.
Papatoetoe was the only Auckland electorate to record a significant rise in turnout in the latest local body election.
While other Auckland areas saw turnout drop, voting numbers in Papatoetoe increased by more than 7 percent.
All four seats went to first-time candidates from the Papatoetoe Ōtara Action Team.
The Ōtara-Papatoetoe Local Board has two subdivisions, with the Ōtara having three seats and Papatoetoe four.
None of the previous local board members of the Papatoetoe subdivision were re-elected.
However, Judge McIlraith held grave concerns the voting irregularities outlined earlier in December represented the "tip of the iceberg" of issues that affected the outcome of the election.
"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."
Bhalla confirmed all four members of the Papatoetoe Ōtara Action Team would contest the March election should it proceed.
"Regardless of the outcome of the High Court process, we are determined that the people of Papatoetoe should have the opportunity to choose us as their representatives freely and fairly for a second time, if the March election may still have to proceed," Bhalla said.
"We remain confident in the support of our community and in the mandate we received," he said.
"We acknowledge that there has been significant speculation and misinformation surrounding this matter, and we are particularly concerned about instances of racially motivated commentary directed at members of our community," he said.
"We ask that people allow the legal process to run its course and refrain from drawing unjustified conclusions."
Vi Hausia, former deputy chair of the Ōtara-Papatoetoe Local Board who failed in his bid to be re-elected to the local body last year, said he respected the group's right to challenge the District Court ruling.
"I respect the right of any party to pursue the legal avenues available to them, including judicial review," he said. "That is part of our fair and democratic system."
Vi Hausia said the grounds referenced in Papatoetoe Ōtara Action Team's statement had already been considered and addressed in detail by the District Court judge in a reasoned decision made under the relevant legislation.
"I have confidence in our legal system and in the decision reached by the District Court, and I will allow the process to run its course," he said.
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