207K Overseas donation or contribution may not exceed $1,500

(1)

For the purposes of this section, overseas person means—

(a)

an individual who—

(i)

resides outside New Zealand; and

(ii)

is not a New Zealand citizen or registered as an elector; or

(b)

a body corporate incorporated outside New Zealand; or

(c)

an unincorporated body that has its head office or principal place of business outside New Zealand.

(2)

If a candidate receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign exceeds $1,500, the candidate must, within 20 working days of receipt of the donation,—

(a)

return to the overseas person the total amount donated by the overseas person, or its value, less $1,500; or

(b)

if this is not possible, pay the total amount donated by the overseas person, or its value, less $1,500 to the Electoral Commission.

(2A)

If a party secretary receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the same year ending 31 December exceeds $1,500, the party secretary must, within 20 working days of receipt of the donation,—

(a)

return to the overseas person the total amount donated by the overseas person, or its value, less $1,500; or

(b)

if this is not possible, pay the total amount donated by the overseas person, or its value, less $1,500 to the Electoral Commission.

(3)

If a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1)), a donation funded from contributions that includes any contribution exceeding $1,500 made by or on behalf of an overseas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $1,500, the candidate or party secretary must, within 20 working days after notification of that fact under section 207C,—

(a)

give back to the donor the amount of the donation, or its value; or

(b)

if this is not possible, pay the amount of the donation, or its value, to the Electoral Commission.

(4)

All amounts received by the Electoral Commission under subsection (2) or (3) must be paid into a Crown Bank Account.

Compare: 2007 No 111 s 32

Section 207K: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207K heading: substituted, on 1 January 2011, by section 21(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207K(2): substituted, on 1 January 2011, by section 21(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207K(2A): inserted, on 1 January 2011, by section 21(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207K(3): amended, on 25 March 2014, by section 35 of the Electoral Amendment Act 2014 (2014 No 8).

Section 207K(3): amended, on 1 January 2011, by section 21(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207K(3)(b): substituted, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 207K(4): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).