Electoral Finance Act 2007

  • repealed

Reprint as at 1 March 2009

Electoral Finance Act 2007

Public Act2007 No 111
Date of assent19 December 2007
Commencementsee section 2
  • Electoral Finance Act 2007: repealed, on 1 March 2009, by section 15 of the Electoral Amendment Act 2009 (2009 No 1).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

The Electoral Finance Act 2007 is administered by the Ministry of Justice.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

5 Meaning of election advertisement

Appointments

6 Appointment of financial agent for candidate

7 Appointment of financial agent for party

8 Appointment of financial agent for third party

9 Persons eligible to be appointed as financial agent

10 Appointment of auditor for party

11 Appointment of auditor for third party

12 Persons eligible to be appointed as auditor

Listing of third parties

13 Persons eligible to be third party

14 Electoral Commission to establish, maintain, and publish list of third parties

15 Application to be listed as third party

16 Times when listing prohibited

17 Grounds on which listing must be refused

18 Listing of, or refusal to list, third party

19 Changes to be notified to Electoral Commission

20 Cancellation of listing

Part 2
Election campaigns

Subpart 1General provisions relating to donations

21 Interpretation

22 Donations and contributions include GST

23 Donations to be transmitted to financial agent

24 Contributors to be identified

25 Offence relating to contravention of section 24

26 Identity of donor to be disclosed by transmitter, if known

27 Offence relating to contravention of section 26

28 Disclosure of identity of donor

29 Offence relating to contravention of section 28

30 Anonymous donation may not exceed $1,000

31 Offence relating to contravention of section 30

32 Overseas donation may not exceed $1,000

33 Offence relating to contravention of section 32

34 Records of donations

35 Duty of Chief Electoral Officer in relation to donations

36 Duty of Electoral Commission in relation to donations

Subpart 2Donations protected from disclosure

37 Interpretation

38 Method of making donation protected from disclosure

39 Maximum limit on donations protected from disclosure

40 Duty of Electoral Commission to provide advice on actual figures under section 39

41 Duties of Electoral Commission on receipt of donation

42 Timing of payment to political parties and third parties

43 Offence of prohibited disclosure

44 Duty of Electoral Commission to report

Subpart 3Disclosure of candidate donations

45 Return of candidate donations

46 Nil return

47 Obligation to retain records necessary to verify return of candidate donations

48 Offences relating to return of candidate donations

49 Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission

50 Return of candidate donations to be publicly available

Subpart 4Disclosure of party donations

51 Annual return of party donations

52 Auditor's report on annual return of party donations

53 Nil return

54 Return of party donation received from same donor exceeding $20,000

55 Obligation to retain records necessary to verify return of party donations

56 Offences relating to return of party donations

57 Return of party donations to be publicly available

Subpart 5Disclosure of third party donations

58 Return of third party donations

59 Nil return

60 Obligation to retain records necessary to verify return of third party donations

61 Offences relating to return of third party donations

62 Return of third party donations to be publicly available

Subpart 6General rules governing election advertisements

63 Election advertisements not to be published in regulated period unless certain conditions met

64 Offence to avoid limits set out in section 63

65 Requirements for election advertisements that promote parties or candidates

66 Offence to incur election expenses exceeding maximum amounts prescribed by section 118(1)

67 Certain persons and bodies may not promote an election advertisement

68 Payment for exhibition of election advertisement

69 Display of advertisement of a specified kind

70 Duties of Chief Electoral Officer and Electoral Commission

Subpart 7Candidates' election expenses

71 Interpretation

72 Meaning of election expense

73 Meaning of candidate's election expenses

74 Persons who may incur election expense in relation to candidate activity

75 Offence to incur unauthorised election expense

76 Maximum amount of candidate's election expenses

77 Apportionment of election expense for candidate activity undertaken both before and within regulated period

78 Apportionment of election expense of election activity between candidates

79 Apportionment of election expense of election activity between candidate and party

80 Cost of party activity deemed to be election expense of candidate in particular case

81 Offences in relation to candidate's election expenses

82 Periods for claiming and paying candidate's election expenses

83 Procedure where claim disputed

84 Leave to pay claim after time limitation

85 Election expense to be invoiced

86 Return of candidate's election expenses

87 Nil return

88 Offences relating to return of candidate's election expenses

89 Obligation to retain records necessary to verify return of candidate's election expenses

90 Duty of Chief Electoral Officer

91 Return of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission

92 Return of candidate's election expenses to be publicly available

Subpart 8Parties' election expenses

93 Interpretation

94 Meaning of election expense

95 Meaning of party's election expenses

96 Persons who may incur election expense in relation to party activity

97 Offence to incur unauthorised election expense

98 Maximum amount of party's election expenses

99 Apportionment of election expense for party activity undertaken both before and within regulated period

100 Apportionment of election expense of election activity between parties

101 Offences in relation to party's election expenses

102 Periods for claiming and paying party's election expenses

103 Procedure where claim disputed

104 Leave to pay claim after time limitation

105 Election expense to be invoiced

106 Return of party's election expenses

107 Auditor's report on return of party's election expenses

108 Nil return

109 Offences relating to return of party's election expenses

110 Obligation to retain records necessary to verify return of party's election expenses

111 Duty of Electoral Commission

112 Return of party's election expenses to be publicly available

Subpart 9Third parties' election expenses

113 Interpretation

114 Meaning of election expense

115 Meaning of third party's election expenses

116 Persons who may incur election expense in relation to third party activity

117 Offence to incur unauthorised election expense

118 Maximum amount of third party's election expenses

119 Apportionment of election expense for third party activity undertaken both before and within regulated period

120 Apportionment of election expense of election activity between third parties

121 Election expenses attributed in respect of advertisements authorised by candidate or party

122 Offences in relation to third party's election expenses

123 Periods for claiming and paying third party's election expenses

124 Procedure if claim disputed

125 Leave to pay claim after time limitation

126 Election expense to be invoiced

127 Return of third party's election expenses

128 Auditor's report on return of third party's election expenses

129 Nil return

130 Offences relating to return of third party's election expenses

131 Obligation to retain records necessary to verify return of third party's election expenses

132 Duty of Electoral Commission

133 Return of third party's election expenses to be publicly available

Subpart 10Indexation of amounts

134 Amounts may be increased by Order in Council triennially

135 Status of Order in Council made under section 134

Part 3
Miscellaneous

Subpart 1General provisions and penalties

136 Electoral Commission may provide guidance on commercial value of advertising space

137 Liability of candidates, party secretaries, and third parties

138 Providing money for illegal purposes

139 Power to issue search warrant in respect of illegal practice

140 Time limit for prosecution

141 Person charged with corrupt practice may be found guilty of illegal practice

142 Punishment for corrupt practice

143 Punishment for illegal practice

144 Additional penalty

Subpart 2Regulations and transitional provisions

145 Regulations relating to advertisement of a specified kind

146 Requirements before Minister can recommend that regulations be made

147 General regulations

148 Transitional elections

149 Return of party donations in 2008

Subpart 3Consequential amendments

150 Consequential amendments

Schedule
Consequential amendments

Reprint notes