New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this subpart, election expense means an expense that—
(a) is incurred in undertaking a third party activity; and
(b) is incurred in respect of any of the following costs:
(i) the cost of the preparation, design, composition, printing, distribution, postage, and publishing an election advertisement:
(ii) the cost of any material used for or applied towards an election advertisement:
(iii) the cost of displaying an election advertisement on any advertising space on any land or building of a specified kind that is used solely or principally for commercial or industrial purposes.
(2) Despite subsection (1)(b), election expense does not include the cost of—
(a) travel:
(b) the conduct of any survey or public opinion poll:
(c) the labour of any person that is provided free of charge by that person:
(d) the replacement of any material used in respect of an election advertisement which has been destroyed or rendered unusable by 1 or more persons (other than the third party or any person acting on its behalf) or by the occurrence of an event beyond the control of the third party and any person acting on its behalf.
(3) For the purposes of subsection (1)(b)(iii) any land or building of a specified kind—
(a) means any land or building situated in a city, town, or village where 50 or more people are ordinarily resident; but
(b) does not include—
(i) any land or building used principally or solely for agricultural purposes:
(ii) any land or building used principally or solely as a residential dwelling:
(iii) any land or building used principally or solely as a place of worship, school, or hospital:
(iv) any land or building owned and occupied by the Crown:
(v) any land or building owned and occupied by a local authority within the meaning of section 5(1) of the Local Government Act 2002:
(vi) any road or road reserve:
(vii) any land that is a conservation area within the meaning of section 2(1) of the Conservation Act 1987:
(viii) any land that is a reserve within the meaning of section 2(1) of the Reserves Act 1977:
(ix) any other kind of land or building declared by regulations made under section 147 not to be land or building of a specified kind for the purposes of this section.
(4) Where any material referred to in subsection (1)(b)(ii) or any advertising space referred to in subsection (1)(b)(iii) is provided free of charge, the commercial value of that material or advertising space must be included as an election expense of the third party.
(5) Where any material referred to in subsection (1)(b)(ii) or any advertising space referred to in subsection (1)(b)(iii) is provided at less than its commercial value, the amount of the difference between the contract price of the material or advertising space and the commercial value of that material or advertising space must be included as an election expense of the third party.
(6) However, subsections (4) and (5) do not apply where the aggregate commercial value of the material or advertising space provided to a third party by a provider (on 1 or more occasions) is less than $200.
(7) For the purposes of subsections (4) to (6), commercial value, in relation to any material referred to in subsection (1)(b)(ii) or any advertising space referred to in subsection (1)(b)(iii), means the lowest amount charged at the time the material or advertising space was provided, for the same kind and quantity, by—
(a) the person who provided it, if that person is in the business of providing that material or advertising space; or
(b) another person who provides that material or advertising space on a commercial basis in the area where it was provided, if the person who provided the material or advertising space is not in that business.