Papatoetoe election to be re-run after court finds vote irregularities

A new election will be held in Papatoetoe after the Manukau District Court ruled that irregularities in the recent Ōtara-Papatoetoe Local Board election materially affected the result.

Auckland Council says the decision, delivered on Tuesday by District Court Judge Richard McIlraith, means the Papatoetoe subdivision election must be re-run and completed by 9 April 2026.

The ruling affects only the Papatoetoe subdivision, which is home to one of Auckland’s largest Pacific communities. The Ōtara subdivision is not impacted by the decision.

In his judgment, McIlraith found that while the election process was carried out properly and in accordance with legal requirements, there were irregularities that had a material impact on the outcome.

Auckland Council has acknowledged the court’s finding and confirmed that Independent Election Services and electoral officer, Dale Ofsoske, had followed the required procedures.

As a result of the ruling, nominations for the Papatoetoe subdivision will reopen on 31 December 2025 and close at midday on 28 January 2026. Voting papers will be sent to enrolled electors from 9 March, with voting open for one month.

Auckland Council says the three elected members from the Ōtara subdivision will remain in place. But until the Papatoetoe election is completed, the local board will not meet the minimum quorum of four members required to make decisions.

During this period, council staff are expected to make necessary decisions under existing delegated authority. The council has also confirmed that all decisions made by the board up to this point remain valid.

The Ōtara-Papatoetoe Local Board serves one of the most diverse areas in Tāmaki Makaurau, with Pacific people making up most of the population.

The re-run election is expected to be closely watched, especially by Pacific residents who rely on the local board for advocacy on housing, community services, and local development.

Auckland Council says a public notice with full details of the Papatoetoe subdivision election will be published on its website on 31 December 2025.

Residents in the Papatoetoe subdivision are encouraged to check their enrolment details to ensure they are eligible to vote when ballots are issued in March.

PMN News has reached out to the Ōtara-Papatoetoe Local Board for comment.

A file photo of an Ōtara-Papatoetoe Local Board meeting in session. Photo/PMN News/Mary Afemata

Explainer: Why the Papatoetoe election was voided

The Papatoetoe subdivision election for the Ōtara-Papatoetoe Local Board was overturned following a petition by former local board member Lehopoaome Vi Hausia, who raised concerns about the integrity of voting in the area.

Hausia told the Manukau District Court he had received reports that some voting papers had been taken from residents and submitted without their knowledge or consent. Auckland’s independent electoral officer, Dale Ofsoske, was named as the respondent to the petition.

Hausia told PMN News it was "a mixed set of emotions" for him. "I'd rather us not be in this situation in the first place.

"I do feel a sense of relief that the concerns that the people of Papatoetoe saw, that they experienced, have been reviewed by the courts and a ruling has been made in favour of protecting our democracy, which is what all of this effort was about.

"This fight was a much better fight than me trying to get re-elected back on the local board. I thought the elections were the hard part, but it was fighting to protect our democracy."

Hausia says he will take a break and reset before returning for the by-election next year.

Lehopoaome Vi Hausia is a former Ōtara-Papatoetoe Local Board member. Photo: Supplied

At a preliminary hearing in November, Judge McIlraith ordered five ballot boxes from the Papatoetoe subdivision to be examined under court supervision.

The scrutineering took place at Manukau District Court in the presence of McIlraith, legal representatives for both parties, and the electoral officer.

During that process, 79 voting papers were identified as having been cast without the knowledge of the rightful voters.

At a later hearing, Ofsoske's lawyers acknowledged that irregularities had occurred in some ballots.

Judge McIlraith later ruled that these irregularities had materially affected the election result, leading to the decision to void the Papatoetoe subdivision outcome and order a fresh election.

The old Papatoetoe. Photo/Supplied

Papatoetoe was the only area in Auckland to record a significant increase in voter turnout at the local body elections in September, rising by more than seven per cent, while turnout fell elsewhere across the city.

All four Papatoetoe seats were won by first-time candidates, and none of the previous subdivision members were re-elected.

The court ruling applies only to the Papatoetoe subdivision. The Ōtara subdivision, which holds three seats on the local board, is not affected.