The Auckland High Court will begin a review on Tuesday to ascertain if fraud in last year's election for the Otara-Papatoetoe Local Board was widespread enough to merit a re-election.

In December last year, the Manukau district court ruled in favour of a petition by a losing candidate who contested that irregularities materially affected the election result. The court declared the election of local board members for the Papatoetoe subdivision void. Voting for the re-election will begin next month and end in April.

The candidates of the Papatoetoe Otara Action Committee, who won the election, appealed in the high court against the decision. The first hearing is scheduled for February 17.

The lower court case was brought by Vi Hausia, who alleged voting papers were stolen from residents and vote cast without their consent. Papatoetoe was the only Auckland electorate to record a significant rise in turnout in last year's local body elections. While turnout dropped across Auckland, voting numbers in Papatoetoe increased by more than seven per cent. All four seats went to first-time candidates from the Papatoetoe Otara Action Team.

In his ruling, judge Richard McIlraith noted while voting paper irregularities were established in only 79 ballot papers, the question before the court was whether that was indicative of a more widespread voter fraud. He ruled there was sufficient evidence to suggest so, and voided the election.

The winners of the election did not agree. One of the victors, Kunal Bhalla – also the spokesperson for the Papatoetoe Otara Action Team – told journalists, “District Court did not reach the rigorous factual and legal standards required before an election can be properly set aside." 

The winning candidates didn't participate in the lower court proceedings. In its ruling, the lower court pointed out that it was open to the possibility that widespread fraud may not have occurred, but no party had made arguments to that end.  

Bhalla later told media: "As the judgment itself records, the Papatoetoe Otara Action Team candidates were not parties to the court proceedings, and we therefore have not previously had the opportunity to engage with or respond to the matters raised through the judicial process," Bhalla said.