New Zealand Legislation: Acts

32 Overseas donation may not exceed $1,000

• (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 donation exceeding $1,000 is received from an overseas person by a financial agent, the financial agent must, within 20 working days of receipt of the donation,—

  • (a) return to the overseas person the amount of the donation, or its value, less $1,000; or

  • (b) if this is not possible, pay the amount of the donation, or its value, less $1,000—

    • (i) to the Chief Electoral Officer, in the case of a candidate donation; or

    • (ii) to the Electoral Commission, in the case of a party donation, or third party donation.

  (3) If a financial agent receives, from a donor who is not an overseas person (within the meaning of section 32(1)), a donation funded from contributions that include any contribution exceeding $1,000 from an overseas person, the financial agent must, within 20 working days after notification of that fact under section 24,—

  • (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,—

    • (i) to the Chief Electoral Officer, in the case of a candidate donation; or

    • (ii) to the Electoral Commission, in the case of a party donation or third party donation.

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