Reprint as at 2 March 2011

Electoral Amendment Act 2009

Public Act	2009 No 1
Date of assent	24 February 2009
Commencement	see section 2

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.

This Act is administered by the Ministry of Justice.

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to Electoral Act 1993

4 Interpretation

5 Heading repealed

6 New Part 6A inserted

Part 6A
Election 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 2
Repeal, 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 [Repealed]

24 Expiry of section 23

Schedule 1
Other amendments to principal Act

Schedule 2
Consequential amendments

Reprint notes

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

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Electoral Amendment Act 2009 No 1 (as at 02 March 2011), Public Act

Electoral Amendment Act 2009

Note

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