127A Deposit by party secretary

(1)

If a secretary of a political party submits a list under section 127, he or she must pay to the Electoral Commission, no later than noon on the day before nomination day, a deposit of $1,000 (inclusive of goods and services tax).

(2)

The deposit must be paid by—

(a)

direct credit to a bank account nominated by the Electoral Commission; or

(b)

bank cheque.

(3)

The deposit is forfeit and must be paid into a Crown Bank Account if the party neither—

(a)

receives in total at least 0.5% of the total number of all party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; nor

(b)

wins a constituency seat.

(4)

In every other case the deposit must be returned to the secretary of the party on whose behalf the deposit is paid, but only after the Electoral Commission has received—

(a)

a duly completed return under section 206I in respect of that party; and

(b)

the auditor’s report obtained under section 206L that relates to that return.

(5)

For the purposes of subsection (3)(b), a party wins a constituency seat if—

(a)

a constituency candidate for that party has his or her name endorsed on the writ under section 185 as a person declared to be elected as a member of Parliament; or

(b)

a constituency candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party) has his or her name endorsed on a writ under section 185 as a person declared to be elected as a member of Parliament.

Section 127A: inserted, on 28 February 2002, by section 46 of the Electoral Amendment Act 2002 (2002 No 1).

Section 127A(1): amended, on 21 March 2017, by section 64 of the Electoral Amendment Act 2017 (2017 No 9).

Section 127A(1): amended, on 5 December 2013, by section 4(1) of the Electoral Amendment Act 2013 (2013 No 115).

Section 127A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127A(2): replaced, on 25 March 2014, by section 24 of the Electoral Amendment Act 2014 (2014 No 8).

Section 127A(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 127A(4)(a): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 127A(4)(b): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 127A(4)(b): amended, on 20 December 2007, by section 14(2) of the Electoral Amendment Act 2007 (2007 No 113).

Section 127A(5)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).