1 Title
2 Commencement
3 Principal Act amended
Part 1Amendments to Electoral Act 1993
4 Interpretation
5 Heading repealed
6 New Part 6A inserted
Part 6AElection expenses and donations
Subpart 1—Candidates' election expenses
205 Meaning of election activity
205A Meaning of election expenses
205B Maximum amounts of candidate's election expenses
205C Apportionment of election expenses for activity that takes place before and within 3 months immediately preceding polling day
205D Apportionment of election expenses between candidates
205E Advertisements for party lists
205F Offence to pay election expenses in excess of prescribed maximum
205G Periods for claiming and paying candidate's election expenses
205H Procedure if claim disputed
205I Leave to pay claim after time limitation
205J Invoice and receipt required for election expenses of $50 or more
205K Return of candidate's election expenses
205L Nil return
205M Return may be filed after time limitation if candidate outside New Zealand
205N Offences relating to return of candidate's election expenses
205O Obligation to retain records necessary to verify return of candidate's election expenses
205P Duty of Chief Electoral Officer
205Q Return of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission
205R Return of candidate's election expenses to be publicly available
205S Unlawful use of public money not validated
Subpart 2—Parties' election expenses
206 Meaning of election activity
206A Meaning of election expenses
206B Maximum amounts of party's election expenses
206C Apportionment of election expenses for activity that takes place before and within 3 months immediately preceding polling day
206D Offence to pay election expenses in excess of prescribed maximum
206E Periods for claiming and paying party's election expenses
206F Procedure if claim disputed
206G Leave to pay claim after time limitation
206H Invoice and receipt required for election expenses of $100 or more
206I Return of party's election expenses
206J Appointment of auditor for party
206K Persons eligible to be appointed as auditor
206L Auditor's report on return of party's election expenses
206M Nil return
206N Offences relating to return of party's election expenses
206O Obligation to retain records necessary to verify return of party's election expenses
206P Duty of Electoral Commission
206Q Return of party's election expenses to be publicly available
206R Unlawful use of public money not validated
Subpart 3—General provisions relating to donations
207 Interpretation
207A Donations and contributions include GST
207B Donations to be transmitted to candidate or party secretary
207C Contributors to be identified
207D Offence relating to contravention of section 207C
207E Identity of donor to be disclosed by transmitter, if known
207F Offence relating to contravention of section 207E
207G Disclosure of identity of donor
207H Offence relating to contravention of section 207G
207I Anonymous donation may not exceed $1,000
207J Offence relating to contravention of section 207I
207K Overseas donation may not exceed $1,000
207L Offence relating to contravention of section 207K
207M Records of candidate donations
207N Records of party donations
207O Duty of Chief Electoral Officer in relation to donations
207P Duty of Electoral Commission in relation to donations
Subpart 4—Donations protected from disclosure
208 Interpretation
208A Method of making donation protected from disclosure
208B Limit on maximum amount of donations protected from disclosure
208C Duty of Electoral Commission to provide advice on actual figures under section 208B
208D Duties of Electoral Commission on receipt of donation
208E Timing of payment to parties
208F Offence of prohibited disclosure
208G Duty of Electoral Commission to report
Subpart 5—Disclosure of candidates' donations
209 Return of candidate donations
209A Nil return
209B Offences relating to return of candidate donations
209C Obligation to retain records necessary to verify return of candidate donations
209D Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission
209E Return of candidate donations to be publicly available
Subpart 6—Disclosure of parties' donations
210 Annual return of party donations
210A Auditor's report on annual return of party donations
210B Nil return
210C Return of party donation received from same donor exceeding $20,000
210D Offences relating to return of party donations
210E Obligation to retain records necessary to verify return of party donations
210F Return of party donations to be publicly available
7 New section 219 inserted
219 Payments for exhibition of election notices
8 New section 221 inserted
221 Advertisements for candidates and political parties
9 New section 221B inserted
221B Display of advertisement of a specified kind
10 New section 224 substituted
224 Punishment for corrupt or illegal practice
11 New section 226 substituted
226 Time limit for prosecutions
12 Section 226A repealed
13 New sections 267A and 267B inserted
267A Regulations relating to advertisement of a specified kind
267B Requirements before Minister can recommend that regulations be made
14 Other amendments to principal Act
Part 2Repeal, consequential amendments, and transitional and savings provisions
Subpart 1—Repeal and consequential amendments
15 Repeal of Electoral Finance Act 2007
16 Consequential amendments to other enactments
Subpart 2—Transitional and savings provisions
17 Continuation of obligations and rights arising from election expenses in respect of 2008 general election
18 Continuation of obligations and rights arising under the Electoral Finance Act 2007 in respect of donations
19 Annual return of party donations for year ending 31 December 2008
20 Annual return of party donations for year ending 31 December 2009
21 Transitional provision relating to section 210C of principal Act
22 Saving of section 19 of Interpretation Act 1999
23 Transitional regulations
24 Expiry of section 23
Schedule 1 Other amendments to principal Act
Schedule 2 Consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: