Local Electoral Act 2001

104 Interpretation

• In this Part,—

  applicable period before the close of polling day means the period beginning 3 months before the close of polling day and ending with the close of polling day

  electoral activity, in relation to a candidate at an election, means an activity—

  • (a) that is carried out by the candidate or with the candidate's authority; and

  • (b) that relates to the candidate solely in the candidate's capacity as a candidate and not to the candidate—

    • (i) in his or her capacity as a member of the local authority or community board, or as the holder of any other office; or

    • (ii) in any other capacity; and

  • (c) that comprises—

    • (i) advertising of any kind; or

    • (ii) radio or television broadcasting; or

    • (iii) publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; or

    • (iv) any electronic communication to the public, including (without limitation) the establishment or operation of a website or other method of communication to the public using the Internet; and

  • (d) that relates exclusively to the campaign for the election of the candidate; and

  • (e) that takes place within the applicable period before the close of polling day

  electoral donation, in relation to a candidate at an election,—

  • (a) means a donation (whether of money or the equivalent of money or of goods or services or of a combination of those things) of a sum or value of more than $1,000 (such amount being inclusive of any goods and services tax and of a series of donations made by or on behalf of any one person that aggregate more than $1,000) made to the candidate, or to any person on the candidate's behalf, for use by or on behalf of the candidate in the campaign for his or her election; and

  • (b) includes, if goods or services are provided to the candidate, or to any person on the candidate's behalf, under a contract at 90% or less of their reasonable market value, the amount of the difference between the contractual price of the goods or services and the reasonable market value of those goods or services; but

  • (c) does not include the labour of any person that is provided to the candidate free of charge by that person

  electoral expenses, in relation to a candidate at an election,—

  • (a) means expenses that are incurred by or on behalf of the candidate in respect of any electoral activity; and

  • (b) includes expenses that are incurred by or on behalf of the candidate, before or after the applicable period before the close of polling day, in respect of any electoral activity; and

  • (c) includes the reasonable market value of any materials applied in respect of any electoral activity that are given to the candidate or that are provided to the candidate free of charge or below reasonable market value; and

  • (d) includes the cost of any printing or postage in respect of any electoral activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the candidate; but

  • (e) does not include the expenses of operating a vehicle on which election advertising appears if that vehicle is used in good faith by the candidate as the candidate's personal means of transport; and

  • (f) does not include expenses incurred by the candidate in preparing a candidate profile statement; and

  • (g) does not include the labour of any person that is provided to the candidate free of charge by that person

  population means the population, as at the day that is 3 months before the close of polling day, of a local government area as specified in a certificate issued in respect of that area by the Government Statistician.

  Compare: 1993 No 87 ss 213(1), 214F

  Section 104 population: amended, on 25 December 2002, by section 34 of the Local Electoral Amendment Act 2002 (2002 No 85).