High Court ruling clears way for new Papatoetoe local board election

Papatoetoe residents will return to the polls after the High Court dismissed a judicial review and upheld a ruling voiding the 2025 subdivision election for the Ōtara-Papatoetoe Local Board, confirming that fraudulent votes materially affected the result.

Some South Auckland leaders say the decision is a victory for democracy and an opportunity to rebuild public trust in the voting process.

Lotu Fuli, Auckland councillor for the Manukau ward, said the High Court decision was comprehensive and brought relief after a prolonged legal process.

“Justice has been done, and the High Court’s decision is comprehensive,” Fuli said.

“The judge has meticulously dealt with and dismissed each ground of the judicial review.

“I feel a great sense of relief and vindication on behalf of former deputy chair Vi Hausia, who had the courage and conviction to bring the petition in the first place,” Fuli said

Manukau Ward councillor Lotu Fuli. Photo/File.

Hausia pursued the legal challenge with the backing of his Labour running mates and most of the previous candidates.

“This is a good day for democracy,” she said.

Former deputy chair Vi Hausia, who filed the petition that led to the election being voided, said the High Court decision confirmed the seriousness of the irregularities.

“The High Court has confirmed the District Court’s ruling that fraudulent voting affected the 2025 Papatoetoe Local Board election result, and that Papatoetoe deserves a fresh election,” Hausia said.

“We have worked hard to protect the voices of our community. It has been a long legal battle, but justice has prevailed.” Hausia said he would now focus on campaigning ahead of the election.

Former Ōtara-Papatoetoe Local Board deputy chair Vi Hausia. Photo/File.

“For me, this means I will be working extremely hard over the next five weeks with my Labour team to earn the trust of Papatoetoe and hopefully be re-elected onto the board again to represent the community I was born, raised, live and [am]proud of.”

Hausia is also standing in the re-run election for one of the four Papatoetoe seats.

Ōtara-Papatoetoe Local Board member Apulu Reece Autagavaia said the High Court ruling confirmed the earlier District Court decision and removed uncertainty about the by-election.

“The High Court decision upholds the District Court decision, therefore the possibility of cancelling the by-election has been eliminated,” Apulu told Local Democracy Reporting.

“The by-election will continue, and Papatoetoe will finally get some representation onto the local board.”

Apulu said the board had struggled to operate fully without the four Papatoetoe representatives.

“The four vacant spots will join us three Ōtara elected representatives, and we will then be able to achieve quorum and have our decision-making restored,” he said.

“I acknowledge council staff have tried their best to continue the local board work while we wait for the election results, but that will never be better than actual elected members, voted by the people, making decisions on their behalf.

“Us three Ōtara elected representatives have also tried our best to represent our entire local board area where we can and as council processes allow us, but again, that doesn’t beat having people elected by Papatoetoe as part of our collective decision-making.”

Apulu also called on candidates and supporters to help restore public confidence in the election process.

Ōtara-Papatoetoe Local Board member Apulu Reece Autagavaia. Photo/File.

“I’m hoping all Papatoetoe candidates can restore public confidence in the election result by calling on their supporters not to commit electoral fraud, advocating for improvements to the current postal voting process, and ensuring both Ōtara and Papatoetoe subdivisions are represented in local board leadership,” he said.

However, members of the Papatoetoe Ōtara Action Team, whose candidates originally won the four seats before the election was voided, said they were disappointed by the High Court outcome.

In comments to Radio New Zealand, spokesperson Kunal Bhalla said the group was “a bit heartbroken but not demotivated”.

“It is quite unfortunate that the High Court couldn’t find grounds to carry out the judicial review,” Bhalla said.

Bhalla said the dismissal of the judicial review did not mean the evidence submitted by the group was incorrect.

Members of the Papatoetoe Ōtara Action Team. Photo/PMN News/Taelegalolo'u Mary Afemata

“The biggest takeaway from this whole High Court judgement is that the judge has made it explicitly clear that the Papatoetoe Ōtara Action Team, or any of the candidates, are absolutely not involved in any fraud,” he said.

Voting opens on 9 March and closes on 9 April, with ballots cast through the postal voting system.

LDR is local body journalism co-funded by RNZ and NZ On Air.