sec.56Restrictions on certain orders

### sec.56 Restrictions on certain orders The court must not make an order mentioned in section 55 (2) because of a delay in complying with the requirements of part 4 , division 3 , 4 or 5 . Also, the court must not make an order under section 55 (2) (other than an order to dismiss the application)— because of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have affected the referendum result; or because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed. In deciding whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at the referendum by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote. s 56 amd 2001 No. 25 s 15 sch 2 (sec.56-ssec.1) The court must not make an order mentioned in section 55 (2) because of a delay in complying with the requirements of part 4 , division 3 , 4 or 5 . (sec.56-ssec.2) Also, the court must not make an order under section 55 (2) (other than an order to dismiss the application)— because of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have affected the referendum result; or because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed. (sec.56-ssec.3) In deciding whether the requirements of subsection (2) are met, the court must not, if it finds that an elector was prevented from voting at the referendum by absence, error or omission, take into account any evidence of the way in which the elector had intended to vote. - (a) because of an absence or error of, or omission by, any member of the commission’s staff that appears unlikely to have affected the referendum result; or - (b) because incorrect information an elector gives to an issuing officer is written on a declaration envelope the elector signed.