1 Title
2 Commencement
Part 1Amendments to principal Act
3 Principal Act amended
4 Interpretation
5 New sections 3A to 3F and heading inserted
3A Meaning of election advertisement
3B Meaning of regulated period
3C Electoral Commission to publish details relating to regulated period
3D Meaning of publish
3E Meaning of advertising expenses
Extraterritorial application
3F Application of Act to conduct outside New Zealand
6 Special voters
7 New Part 6AA inserted
Part 6AAElection advertising
Interpretation provisions
204A Interpretation
Subpart 1—General rules governing election advertisements
204B Persons who may promote election advertisements
204C Apportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period
204D Offence to avoid limit set out in section 204B(1)(d)
204E Obligation to retain records necessary to verify promoter's advertising expenses
204F Election advertisement to include promoter statement
204G Publication of candidate advertisement promoting candidate
204H Publication of party advertisement promoting party
204I Electoral Commission to provide advice on application of definition of election advertisement
204J Duty of Electoral Commission to report suspected offences
Subpart 2—Registered promoters
204K Promoters eligible to be registered
204L Application for registration
204M Grounds on which application for registration must be refused
204N Electoral Commission's decision on application
204O Obligation to notify Electoral Commission of change in contact details
204P Cancellation of registration
204Q Expiry of registration
204R Establishment of register
204S Purposes of register
204T Form of register
204U Alterations to register
204V Register to be public
204W Search of register
204X When search constitutes interference with privacy of individual
8 New heading and sections 205 to 205EA substituted
Subpart 1—Election expenses of candidates
205 Interpretation and application
205A Persons who may incur election expenses in relation to candidate advertisement
205B Offence to incur unauthorised election expense
205C Maximum amount of candidate's total election expenses
205D Apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period
205E Apportionment of election expenses of election advertisement between candidates
205EA Apportionment of election expenses of election advertisement between candidate and party
9 Offence to pay election expenses in excess of prescribed maximum
10 Periods for claiming and paying candidate's election expenses
11 Duty of Electoral Commission
12 New heading and sections 206 to 206CC substituted
Subpart 2—Election expenses of parties
206 Interpretation
206A Persons who may incur election expenses in relation to party advertisement
206B Offence to incur unauthorised election expense
206C Maximum amount of party's total election expenses
206CA Apportionment of advertising expenses for publication of party advertisement both before and during regulated period
206CB Apportionment of election expenses of election advertisement between parties
206CC Apportionment of election expenses of election advertisement between party and candidate
13 Offence to pay election expenses in excess of prescribed maximum
14 Duty of Electoral Commission
15 New subpart 2A inserted
Subpart 2A—Election expenses of registered promoters
206S Interpretation
206T Persons who may incur election expenses in relation to election advertisement promoted by registered promoter
206U Offence to incur unauthorised election expense
206V Maximum amount of registered promoter's total election expenses
206W Apportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period
206X Offence to pay election expenses in excess of prescribed maximum
206Y Periods for claiming and paying registered promoter's election expenses
206Z Procedure if claim disputed
206ZA Leave to pay claim after time limitation
206ZB Invoice and receipt required for election expenses of $50 or more
206ZC Return of registered promoter's election expenses
206ZD Electoral Commission may require auditor's report on return of registered promoter's election expenses
206ZE Offences relating to return of registered promoter's election expenses
206ZF Obligation to retain records necessary to verify return of registered promoter's election expenses
206ZG Duty of Electoral Commission
206ZH Return of registered promoter's election expenses to be publicly available
16 Interpretation
17 Donations to be transmitted to candidate or party secretary
18 Contributors to be identified
19 Disclosure of identity of donor
20 Anonymous donation may not exceed $1,000
21 Overseas donation may not exceed $1,000
22 New section 207LA inserted
207LA Offence relating to splitting party donation or contribution to party donation
23 New section 207O substituted
207O Duty of Electoral Commission in relation to donations
24 Section 207P repealed
25 Method of making donation protected from disclosure
26 Return of candidate donations
27 Annual return of party donations
28 Return of party donation received from same donor exceeding $20,000
29 Offences relating to return of party donations
30 Section 221 repealed
31 Electoral advertisements
32 Punishment for corrupt or illegal practice
33 Time limit for prosecutions
34 New section 266A inserted
266A Expenditure limits to be adjusted each year by Order in Council
Part 2Transitional provisions and consequential amendments to other enactments
35 Provision relating to donations and contributions received before 1 January 2011
36 Transitional elections
Amendments to Citizens Initiated Referenda Act 1993
37 Amendments to Citizens Initiated Referenda Act 1993
38 Application of Electoral Act 1993 to indicative referendum not conducted by postal voting
39 Application of Electoral Act 1993 to indicative referendum conducted by postal voting
Amendment to Privacy Act 1993
40 Amendment to Privacy Act 1993
Amendment to Summary Proceedings Act 1957
41 Amendment to Summary Proceedings Act 1957
Amendments to Electoral Regulations 1996
42 Amendments to Electoral Regulations 1996
Amendment to Electoral (Advertisements of a Specified Kind) Regulations 2005
43 Amendment to Electoral (Advertisements of a Specified Kind) Regulations 2005
Legislative history
The Parliament of New Zealand enacts as follows: