Electoral (Finance Reform and Advance Voting) Amendment Bill

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Electoral (Finance Reform and Advance Voting) Amendment Bill

Government Bill

146—2

As reported from the Electoral Legislation Committee

Commentary

Recommendation

The Electoral Legislation Committee has examined the Electoral (Finance Reform and Advance Voting) Amendment Bill and recommends by majority that it be passed with the amendments shown.

Introduction

This bill seeks to amend the Electoral Act 1993 to make the conduct of the electoral process more certain and transparent, and increase public confidence in the outcome of parliamentary elections. It also aims to improve the understanding and application of electoral law and provide certainty to electoral agencies, political parties, candidates, and the public. As the Electoral (Finance Reform and Advance Voting) Amendment Bill and the Parliamentary Service Amendment Bill cover related matters, we suggest that the House treat them as cognate bills and take them through their remaining stages together.

This bill also seeks to implement a recommendation of the Justice and Electoral Committee by amending the special voting provisions in the Electoral Act 1993 and the Electoral Regulations 1996.1 The bill would allow people who were on the electoral roll to vote in person at an advance voting facility before polling day. Completing a statutory declaration to establish their eligibility as a special voter would not be necessary. This is intended to make it easier to vote in advance, and encourage more people to vote and participate in the democratic process.

The bill proposes to define any person on whose initiative an election advertisement is, or is to be, published as a “promoter”. This could include constituency candidates, political parties, and other promoters.

This commentary covers the significant amendments that we recommend to the bill; it does not cover minor or technical amendments. At the end of this report we discuss other matters that we considered which have not resulted in recommended amendments to the bill.

Meaning of “election advertisement”

Editorial content and personal political views excluded

We recommend excluding from the definition of “election advertisement” (new section 3A, clause 5) the editorial content of any periodical, radio or television programme, or news media Internet site. This proposed consolidation of the provisions in the bill as introduced would align the bill more closely with section 221(6) of the Electoral Act for news or comments in a newspaper or other periodical, and extend the same provisions to other forms of media. Such an approach is comparable with those in overseas jurisdictions, and would address concern that “solely for the purposes of informing, enlightening, or entertaining” could be too narrowly interpreted or capture unintended media items.

We also recommend replacing new section 3A(2)(e), to make it clear that the publication of personal political views by an individual is excluded from the definition of “election advertisement”, unless the person makes or receives payment to express that view for publication. We consider that the term “non-commercial” is unclear, and that the focus on profit does not accurately reflect the policy intent of capturing those who have been paid to publish a particular view. In this regard we have formed the view that a non-commercial expression of personal views on the Internet is analogous to the expression of those views in person, and should therefore be similarly protected from regulation.

We note that a publication by an organisation for its members or shareholders would be considered an election advertisement only when it could reasonably be regarded as encouraging or persuading voters to vote in a particular way. The definition of “election advertisement” is not intended to prevent organisations from communicating with their shareholders or members in the usual way.

Parliamentary proceedings

We recommend amending new section 3A(2) (clause 5) to exclude the transmission of parliamentary proceedings from the definition of “election advertisement”. The exclusion would apply to all media including the Internet and other electronic vehicles, and would apply to unedited replays of broadcasts.

We understand that it was never intended for parliamentary proceedings to fall within the definition of “election advertisement”, but the definition as introduced is potentially broad enough to capture the broadcast of statements made in debate, visual aids used to support debate, and objects that members bring into the chamber.

In 2009 the Privileges Committee made a report on the exercise of freedom of speech by members in the context of court orders. The committee’s recommendations included amending the Legislature Act 1908 in order to protect broadcasts of the House’s proceedings.2 We agree that the Legislature Act is the most appropriate mechanism for protecting broadcasts of parliamentary proceedings, and so we support those recommendations of the Privileges Committee.

Members of Parliament

In order to ensure that members can continue to fulfil their role for the full electoral term, we also recommend amending new section 3A(2) to exclude prescribed and limited aspects of a member of Parliament’s contact information from the definition of “election advertisement”.

To be exempt, the information would need to be published by a member of Parliament in the course of performing his or her role and functions as a member of Parliament; and the publication of such information would need to be funded from an appropriation made for parliamentary services, to have been routinely published before the regulated period and in substantially the same form and style, and to be published no more frequently and to no greater extent during the regulated period than before. To qualify for this proposed exemption, a member would not be able to publish their contact information in conjunction with election advertising or with any other information that, when combined with their contact details, could constitute an election advertisement.

We further recommend amending new section 3A(3) to define “contact information” as including the name and contact details of the member of Parliament, and the name of the electoral district they represent (or, in the case of a list member, the fact that they have been elected from a party list). It may also include

  • the member’s photograph

  • the member’s website address

  • the name of the party to which the member belongs

  • the logo and website address of the party to which the member belongs

  • times when the member is available for consultation by the public.

A member’s role and functions do not cease during the regulated period, and these amendments are intended to ensure that a member can continue their duties and make their contact information available without being caught by the definition of “election advertisement”.

Meaning of “publish”

We recommend inserting proposed new section 3D to define the term “publish” and make it clear this term covers a range of methods of making an advertisement available to the public.

Advertising expenses

We recommend excluding the cost of non-commercial frameworks (such as residential property fences and steel or wooden frames) that support a hoarding from the definition of “advertising expenses”, by inserting new subparagraph (ii) into new section 3E(1)(b). We believe this area needs clear guidance, as previously attaching a hoarding or billboard to a free-standing wooden frame, for example, meant that the frame was considered an advertising expense; but if the same billboard was attached to a residential property fence it was not. Similarly, numerous issues arose in previous elections regarding the appropriate treatment of second-hand timber and frames, and this amendment would remove the potential for confusion.

For the avoidance of doubt, proposed new section 3E(2) and (3) would clarify that advertising expenses would not include the cost of any vehicle used to display an election advertisement if the use of the vehicle for that purpose was not the subject of a contract, arrangement, or understanding for the payment of money or money’s worth.

Regulated period

We recommend amending new section 3B so that “default day” (three months prior to the last possible polling day in the bill as introduced) would mean instead the date two years and nine months after the previous general election. The bill as introduced seeks to link the start date of the regulated period for election campaigning to the date on which the Prime Minister announces the date of the general election (polling day), or, if no announcement has been made, the default day. The change to the definition of “default day” is intended to provide more certainty as to when political parties, constituency candidates, and promoters would be subject to campaign expenditure limits.

We considered a number of options regarding the proposed regulated period, each with advantages and disadvantages, and think a default day two years and nine months from the preceding election is the better option as it avoids the potential for retrospectivity while providing for a period that will most often set a regulated period of approximately three months.

We also recommend a consequential amendment to new section 3C removing the requirement for the Electoral Commission to publish a Gazette notice announcing the last possible polling day for the next general election.

Extraterritorial application

We recommend inserting new section 3F, which provides when the bill would have extraterritorial application. The provisions in Parts 6AA and 6A would apply to the publication of an advertisement

  • published in New Zealand where the promoter of an advertisement is outside New Zealand and

  • published outside New Zealand where the promoter of an advertisement is in New Zealand.

We do not recommend applying the provisions of Parts 6AA and 6A to an election advertisement published outside New Zealand where the promoter is also outside New Zealand. It is not usual practice to apply New Zealand law in that situation and it would be impractical to enforce.

Promoters of election advertisements

Definitions

We recommend amending new section 204A (clause 7) to make it clear that an “address” may be the street address where an individual could usually be contacted during working hours, and that “contact details” should consist of an address and telephone number, plus an email address if one exists.

We also recommend amending new section 204A to specify that a “promoter” is a person who initiates or instigates the election advertisement. There was potential for the original phrase, “a person on whose initiative” an advertisement was published, to be interpreted too widely so as to include any person who played a motivating role in making public an advertisement, or too narrowly to cover only the person who published the advertisement.

For the sake of consistency we further recommend amending new section 204A to define an “unregistered promoter” as someone who is not a registered promoter and who is not a candidate or party, or a person involved in the administration of the affairs of a candidate or party.

Authorisation of election advertisements

We recommend amending clause 7 as it relates to new section 204B to allow a constituency candidate or party secretary to promote a joint political party and constituency candidate advertisement with written authorisation, and to allow a party secretary to promote an election advertisement that relates to two or more constituency candidates with the candidates’ written authorisation.

We also formed the view that only a party secretary should be able to authorise a party advertisement, and that only candidates should be able to authorise candidate advertisements, so that they may retain control of their campaign expenditure.

In the light of this, we also recommend amending new section 204H(2) to remove the ability of party secretaries to authorise the publication of an advertisement promoting two or more candidates, including candidates belonging to the same political party.

Corrupt or illegal practices

We recommend clarifying that the offences in sections 204B and 204E are illegal practices and therefore indictable. This would reflect appropriately the seriousness of the offences.

We recommend amending clause 24 to ensure that registered promoters convicted of illegal practices as proposed in new Part 6AA and 6A of the Electoral Act (clause 7) would be subject to a fine not exceeding $40,000. An unregistered promoter who was convicted of an illegal practice under new section 204B or 204E in Part 6AA would be liable to the same penalty. An unregistered promoter convicted of an illegal practice under any other provision would be liable to a fine of $10,000.

We also recommend amending new section 204E(2) and inserting new subsection (2A). These anti-collusion provisions would prevent a body corporate or unincorporated body from encouraging its members to circumvent the $12,000 expenditure limit for unregistered promoters, or a person from incorporating or forming two or more organisations with the express purpose of circumventing this expenditure limit.

Joint promotion of election advertisement

We recommend deleting new section 204C, which would have required the total expenses of a jointly promoted election advertisement to be included in the expenses of each promoter. It is our view that promoters should be responsible only for their own expenditure. We also do not want to discourage those with limited financial means from pooling their resources.

Promoter statements

We recommend amending new section 204G to refer to advertisements published in a “visual form” rather than a “printed form”, and to clarify requirements regarding the promoter statements. We consider this would increase transparency and enable people to contact the promoter regarding the advertisement.

We also recommend an amendment so that an unregistered promoter who was a body corporate or an unincorporated body would be required to include in promoter statements not only the name and address of the body, but also the name of the person authorised by the body as its representative.

We further recommend amending new section 204G so that both the promoter and the publisher could be held liable for failing to provide the name and address of the promoter on election advertisements.

Electoral Commission

We recommend clarifying that the provision in the bill that draft publications, supporting material received by the Electoral Commission, and the advisory opinions of the commission, are confidential until the day after the day for the return of the writ for that election (new section 204J) would override the Official Information Act 1982 and the Privacy Act 1993. This would ensure that people were not deterred from seeking the commission’s opinion for fear that campaign strategies might be released prematurely, or that proposed advertisements with which a promoter decided not to proceed might be used against them by others.

We further recommend amending new section 204J by inserting new subsection (4A) to allow the commission to release confidential advisory opinions, draft publications, and supporting material to the New Zealand Police on its own initiative or upon request from the police. This would allow the commission to release such material to the police if it believed an offence had been committed, or if the police were investigating a complaint in relation to an electoral offence.

We considered whether the Electoral Commission should be required to develop criteria for its decision-making process when making an advisory opinion, but are satisfied that, under the Electoral (Administration) Amendment Act 2010, the commission can provide information to assist parties, candidates, and others; and that the test used by the commission to reach its opinions is objective and uses a long-standing formulation.

Promoters

Registration of promoters

The bill would require third-party promoters who spent, or intended to spend, more than $12,000 (GST inclusive) during the regulated period to register with the Electoral Commission. The purpose of the proposed register is to increase transparency, to enable members of the public to identify registered promoters and contact them if necessary, and to help enforce the relevant provisions of this bill.

We recommend amending new section 204L to exclude an “overseas person” (as defined in section 207K of the Electoral Act) from eligibility for registering as a promoter. This would still allow New Zealand citizens, or those entitled to vote, who are living abroad to register as a promoter. While we do not want to unnecessarily restrict participation in the democratic process, we do, as far as practicable, want to guard against the possibility of undue influence from external sources with no ties to New Zealand.

We recommend providing that an application for registration from a promoter who is not an individual or a company must set out the names of those occupying positions comparable to that of a company director, and that an application from a trust must set out the names of the trustees (new section 204M).

We recommend requiring a registered promoter to inform the commission of any change in their registration details within 10 working days (new section 204P).

We recommend setting out the purpose of the register more clearly (new section 204T) to address a concern raised by the Legislation Advisory Committee.

Expenditure limits of registered promoters

A majority of us recommend inserting proposed new section 206V (new clause 12A) so that a registered promoter may not spend more than $300,000 (GST inclusive) on election expenses during the regulated period. For the sake of consistency with candidate and party expenditure limits, we also recommend amending clause 26 to allow the expenditure limit for registered promoters to be adjusted by Order in Council annually following the 2011 general election to reflect the movement in the Consumers Price Index All Groups, and that it be rounded to the nearest $1,000.

We also recommend that it be an offence for a person to incur expenses on behalf of a promoter that have not been authorised by the promoter (proposed new section 206U).

The bill as introduced did not seek to place express limits on registered promoters. We received many submissions supporting an upper limit, or spending cap, on the expenditure of third-party promoters, but suggested limits varied. The regulation of third-party expenditure is a matter of balancing public confidence in the electoral system with upholding the right to freedom of expression.

Ensuring there can be no perception of “big money” interests having undue influence in New Zealand’s electoral system is a critical part of maintaining public confidence. However, we are equally cognisant of the need to maintain the ability of third parties to take part in public debate in a meaningful way and on a nationwide basis.

Filing expense returns

In new clause 12A we recommend inserting proposed new section 206ZC to require registered promoters incurring election expenses exceeding $100,000 (GST inclusive) during the regulated period to file expense returns with the Electoral Commission. We also recommend that these returns be publicly available in the same way as the expense returns of candidates and political parties (proposed new section 206ZH). For consistency with the requirements on candidates, we recommend that registered promoters incurring election expenses of more than $100,000 be required to file their returns within 70 working days after polling day.

We recommend inserting proposed new section 206ZD so that the Electoral Commission could require an audit of a promoter’s expense return if the Electoral Commission believed on reasonable grounds that a return contained any false or misleading information. The cost of the audit would be borne by the promoter.

We also recommend inserting proposed new section 206ZF so that registered promoters would be required to keep all records, documents, and accounts to verify their election expenses.

Offences and penalties

We recommend inserting new sections 206X and 206ZE to make it an offence for promoters to exceed the expenditure limit or enter into an agreement to circumvent the expenditure limit, and to fail to file an expense return or to file a false expense return.

Candidate election expenses

We recommend amending the definition of “election expenses” in new section 205(1) (clause 8) to ensure that any advertising undertaken with a candidate’s authority would be considered a candidate election expense—even if there was no written authority. The Electoral Act does not contain an express requirement that a candidate’s election expense may only be incurred with the candidate’s written authority, and this has been upheld by the Courts in Peters v Clarkson.3

We also recommend a comparable amendment to the definition of “election expenses” in new section 206(1) (clause 11) in relation to political parties. The requirement for written authority is intended to apply only to a third-party promoter’s liability.

We recommend inserting proposed new section 205AB (clause 8). This would make it an offence to contravene new section 205A. We also recommend making a comparable insertion of proposed new section 206AB, for unauthorised party expenses.

Expenditure limits increased

We recommend increasing the limit that a candidate’s expenses must not exceed during the regulated period from $20,300 to $25,000 (for a general election) and from $40,600 to $50,000 (for a by-election) (new section 205B). These limits would be adjusted annually by Order in Council after the 2011 general election to reflect movement in the Consumers Price Index All Groups. These inflation adjustments were recommended by the 1986 Royal Commission on the Electoral System.4

It is important that expenditure limits are aligned with current costs so that candidates may reasonably undertake an election campaign, and we feel that the limits in the bill as introduced would not achieve this objective.

We recommend amending new section 206B (clause 11) to increase the electorate component of political party expenses from $20,300 per contested electoral district to $25,000. We further recommend increasing the party election expense limit from $1,015,000 to $1,032,000 to reflect movement in the Consumers Price Index between the quarter ending 31 December 2009 and the quarter ending 30 September 2010. We recommend that the first Order in Council to update the latter expense limit, due to come into force on 1 July 2011, should reflect movements in the Consumers Price Index between the quarter ending 30 September 2010 and the quarter ending 31 March 2011 (new section 266A, clause 26).

Subsequent Orders in Council would adjust the expense limits for unregistered promoters, candidates, and political parties, and the registration threshold for unregistered promoters. The effect of these amendments would be that expenditure limits and the registration threshold for promoters would not be adjusted until after the next general election.

We recommend that new section 205EA not proceed. The purpose of new section 205EA is to prevent advertisements that appear to be party advertisements being used in an individual electorate as if they were candidate advertisements. We were advised that this particular situation has never in fact occurred, and we think it unnecessary and potentially confusing for this provision to remain in the Act.

Collusion offences

We recommend inserting new clauses 8A and 11A to allow additional anti-collusion offences to be added to sections 205F and 206D of the principal Act. These additional provisions would cover situations where a person entered into an agreement, engagement, or understanding with any other person for the purpose of circumventing the maximum campaign expenditure limits.

Donations to political parties

We recommend inserting new clause 13A to allow party donations to either be deposited into a nominated bank account or transmitted to the party secretary. Many donations are given on the understanding that they are for the use of the “local arm” of a political party. This amendment would allow such donations to be retained at a local level and used as they were intended. Donations would need to be deposited into a bank account nominated by the party or transmitted to the party secretary within 10 working days of receipt.

We recommend deleting clauses 14 and 16. They contain provisions that would require bodies corporate making donations and contributions to a political party to provide a statement advising the party of the corporation’s associated entities. We consider that the benefit of the transparency such information would provide is outweighed by the burden of providing it. However, we recommend making it an offence to divide between two or more bodies corporate a donation to a political party, or contribution to a donation, for the express purpose of concealing the total amount of the donation or avoiding the donation disclosure regime (new clause 17A).

We recommend amending subclause (5) of clause 21 to make it clear that the “total amounts” to be returned in the annual return of party donations are monetary amounts rather than the number of donations, and to require the inclusion of the number of donations making up the total in each band. This would improve transparency, and should help address concern that the proposed donation disclosure bands are too broad.

We further recommend removing the need for party donations not exceeding $1,000 (other than anonymous or overseas donations) to be included in the annual return of party donations, as any increased disclosure in such situations would be outweighed by the administrative burden it would create. We also recommend amendments to the annual return requirements for party donations (clause 21(5)) so that the number and total amount of party donations received exceeding $1,500 ($1,000 threshold in the bill as introduced) but not exceeding $5,000 would be reported; as well as the number and total amount of party donations received of an amount exceeding $5,000 but not exceeding $15,000 ($10,000 threshold in the bill as introduced).

Definitions of “donation”

We recommend amending the definitions of “candidate donation” and “party donation” to exclude donations of goods or services (which does not include monetary donations) of an equivalent value of $300 or less for candidates and $1,500 or less for parties. The Electoral Act provides an exemption for situations where such goods and services are provided below their reasonable market rate for both candidates and parties under a contract or arrangement. We recommend extending that exemption for goods and services where there is no contract or arrangement and the goods or services are provided without consideration.

Disclosure limits

A majority of us recommend increasing the donation disclosure limit for parties from $10,000 to $15,000 (new clause 21(1AA)). We recommend a consequential amendment to increase the limit for party donations received from the same donor that require a party secretary to file a return within 10 working days from $20,000 to $30,000 (new clause 21A).

A majority of us also recommend increasing the donation disclosure limit for candidates from $1,000 to $1,500 (clause 20(1AA)), and similar increases to all $1,000 disclosure limits in the Electoral Act, such as anonymous donations, overseas donations, and protected disclosure donations.

Transitional provisions

We recommend inserting new clause 27A to cover the situation where a general election was called prior to the commencement of this bill, with a polling date after commencement but before 31 March 2011. The clause would also provide for by-elections gazetted prior to commencement date. The provisions of the principal Act would continue to apply to such elections as if this bill had not been enacted.

Summary Proceedings Act 1957

We recommend inserting new clause 31A to allow consequential amendments to Part 2 of Schedule 1 of the Summary Proceedings Act, to replace reference to section 221 of the Electoral Act with reference to new sections 204G, 204H, and 204I.

Illegal practices under section 221 of the Electoral Act are currently listed in the Summary Proceedings Act as indictable offences that can be tried summarily. This bill seeks to repeal and replace section 221 with sections 204G, 204H, and 204I. In line with Legislation Advisory Committee guidelines, new clause 31A would ensure that the new equivalent offences were treated consistently.

Amendment to regulations

We recommend inserting new clause 33 to amend the Electoral (Advertisements of a Specified Kind) Regulations 2005. This would be a consequential amendment resulting from the proposed provisions in new section 204G (clause 7) and the repeal of section 221 (clause 23). We are aware that there will be a discrepancy between the Act and the regulations regarding the definition of “election advertisement”, and that, in particular, negative advertising would not be covered by the regulations. The regulations would therefore need to be amended further at a later date.

Other matters

Broadcasting Act 1989

Some submitters raised the issue of reforming Part 6 of the Broadcasting Act 1989. Part 6 of the Act regulates parliamentary election programmes and includes the allocation of time and money to political parties.

We are aware that before this bill was drafted, extensive consultation was held with all parliamentary parties and the public, and that it included options for reform of the Broadcasting Act. How that Act should be reformed is a contentious issue and we understand that it was not possible during the consultation period to reach the level of consensus on broadcasting reform desirable when reforming electoral legislation. Therefore this bill does not contain any provisions to amend the Broadcasting Act.

Review of the next general election

A post-election review is regularly carried out by a select committee, latterly the Justice and Electoral Committee. We encourage the committee undertaking the review of the next general election to consider the following issues that were drawn to our attention, but are outside the scope of the bill:

  • aligning compliance and enforcement rules in the Electoral Act and the Local Electoral Act 2001

  • improving participation for the blind and deaf communities and those with literacy or learning difficulties

  • electronic voting systems.

Electoral rolls

During our consideration of the bill our attention was drawn to a minor drafting error in section 112(1)(a)(i) of the principal Act. We are unable to recommend an amendment to the bill to correct this error, as it is outside its scope. However, we note that the committee of the whole House could be instructed to consider such an amendment, which would allow the correction of this long-standing error.

Green Party minority view

We remain opposed to any increase in the threshold for the disclosure of donations by parties and candidates. In our view, this simply increases the opportunity for political parties and candidates to hide the source of their campaign funding from public scrutiny and opens up the risk of corruption. We consider that reducing the threshold for disclosure is necessary to ensure the greatest protection of our electoral system from the influence of big money.

ACT New Zealand minority view

The ACT party supports a number of the provisions in the bill including the increases to expenditure limits and some of the changes to the donation reporting regime, but has particular concerns and objections to the following specific provisions.

Restrictions on third party spending

ACT opposes the Electoral (Finance Reform and Advance Voting) Amendment Bill provision to cap the amount that private third parties, individuals or organisations, may spend. Third parties receive no allocation of public monies and, therefore, should be free to spend their funds as they see fit.

ACT opposes the $300,000 third party spending cap—a fraction of the spending permitted for political parties. This huge disparity seriously hinders third parties’ ability to run meaningful campaigns against political parties and advocate their views. Meanwhile, political parties, with more spending power, are able to retain power and maintain the status quo. A limit of $300,000 seriously restricts New Zealanders’ right to free speech during an election campaign when the major Parties and their candidates will be allowed to spend in excess of $5 million—more than 15 times the amount they would allow their fellow New Zealanders.

Restrictions on the purchase of broadcasting

The Electoral (Finance Reform and Advance Voting) Amendment Bill provided an opportunity to amend a massive injustice created by the Broadcasting Act 1989. Under this Act, political parties are prohibited from purchasing broadcasting time during an election campaign beyond that which is allocated free.

These allocations are uneven. For example: during the 2008 election Labour and National were both allocated $1 million of taxpayer funds for broadcasting; New Zealand First, and the Green and Maori Parties were each allocated $248,889; ACT was allocated $103,704.

ACT accepts, and the public would expect, that smaller political parties are allocated fewer taxpayer resources than the larger parties. But ACT’s view is that, if there is to be an even playing field, parties should be permitted to purchase, with their own funds rather than taxpayer funds, additional broadcasting time up to the same level as the largest allocation.

This is important because television and radio are particularly effective mediums for communicating to voters during an election campaign. Denying smaller political parties the opportunity to compete on an even basis contradicts the principles of democracy.

Despite ACT’s efforts on behalf of all the smaller parties to have this included in the Electoral (Finance Reform and Advance Voting) Amendment Bill, however, National and Labour resisted and the imbalance remains. By jointly agreeing to prohibit the smaller parties from competing on the same terms as them, National and Labour are using legislation to maintain the status quo and to ensure their continued supremacy in Parliament.

Conclusion

Regulation and legislation should not be used to disadvantage people if democracy is to function properly. Yet, due to the unfair provisions outlined above, that is exactly what this bill does. As such ACT will not be supporting the Electoral (Finance Reform and Advance Voting) Amendment Bill.

Appendix

Committee process

The Electoral (Finance Reform and Advance Voting) Amendment Bill was referred to us on 6 May 2010. The closing date for submissions was 17 June 2010. We received and considered 44 submissions from interested groups and individuals. We heard 11 submissions, which included holding hearings in Auckland and Christchurch.

We received advice from the Ministry of Justice, including the Chief Electoral Office before its amalgamation with the Electoral Commission, and the Electoral Commission.

Committee membership

Amy Adams (Chairperson)

Hon Jim Anderton

Hon John Boscawen

Hon Lianne Dalziel

Hon Peter Dunne

Hon Pete Hodgson

Hon Darren Hughes

Rahui Katene

Hekia Parata

Paul Quinn

Chris Tremain

Metiria Turei


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Hon Simon Power

Electoral (Finance Reform and Advance Voting) Amendment Bill

Government Bill

146—2

Contents

1 Title

2 Commencement

Part 1
Amendments to principal Act

3 Principal Act amended

4 Interpretation

5 New sections 3A to 3F and heading inserted

Extraterritorial application

6 Special voters

7 New Part 6AA inserted

Interpretation provisions

8 New heading and sections 205 to 205E substituted

8A Offence to pay election expenses in excess of prescribed maximum

9 Periods for claiming and paying candidate's election expenses

10 Duty of Electoral Commission

11 New heading and sections 206 to 206CB substituted

11A Offence to pay election expenses in excess of prescribed maximum

12 Duty of Electoral Commission

12A New subpart 2A inserted

13 Interpretation

13A Donations to be transmitted to candidate or party secretary

14 New sections 207BA and 207BB inserted

15 Contributors to be identified

16 New sections 207CA and 207CB inserted

16 Disclosure of identity of donor

16A Anonymous donation may not exceed $1,000

17 Overseas donation may not exceed $1,000

17A New section 207LA inserted

18 Duty of Chief Electoral Officer in relation to donations

19 Duty of Electoral Commission in relation to donations

18 New section 207O substituted

19 Section 207P repealed

19A Method of making donation protected from disclosure

20 Return of candidate donations

21 Annual return of party donations

21A Return of party donation received from same donor exceeding $20,000

22 Offences relating to return of party donations

23 Section 221 repealed

23A Electoral advertisements

24 Punishment for corrupt or illegal practice

24 Punishment for corrupt or illegal practice

25 Time limit for prosecutions

26 New section 266A inserted

Part 2
Transitional provision and consequential amendments to other enactments

27 Transitional provision

27 Provision relating to donations and contributions received before 1 January 2011

27A Transitional elections

Amendments to Citizens Initiated Referenda Act 1993

28 Amendments to Citizens Initiated Referenda Act 1993

29 Application of Electoral Act 1993 to indicative referendum not conducted by postal voting

30 Application of Electoral Act 1993 to indicative referendum conducted by postal voting

Amendment to Privacy Act 1993

31 Amendment to Privacy Act 1993

Amendment to Summary Proceedings Act 1957

31A Amendment to Summary Proceedings Act 1957

Amendments to Electoral Regulations 1996

32 Amendments to Electoral Regulations 1996

Amendment to Electoral (Advertisements of a Specified Kind) Regulations 2005

33 Amendment to Electoral (Advertisements of a Specified Kind) Regulations 2005


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Electoral (Finance Reform and Advance Voting) Amendment Act 2010.

2 Commencement
  • This Act comes into force on 1 January 2011.

Part 1
Amendments to principal Act

3 Principal Act amended
  • This Part amends the Electoral Act 1993.

4 Interpretation
  • (1) Section 3(1) is amended by repealing the definition of candidate and substituting the following definition:

    candidate

    • (a) means a constituency candidate; and

    • (b) includes a list candidate (other than in Parts 6AA and 6A); and

    • (c) in the definition of candidate advertisement and in section 3A and Parts 6AA, 6A, 7, and 8 includes a person who has declared his or her intention of becoming a constituency candidate; and

    • (d) in Parts 7 and 8 includes a person who has declared his or her intention of becoming a list candidate.

    (2) Section 3(1) is amended by repealing the definition of party and substituting the following definition:

    party, in Parts 6AA and 6A,—

    • (a) means a political party registered under Part 4; and

    • (b) includes a political party that at any time during the regulated period has been registered under Part 4.

    (3) Section 3(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    advertising expenses, in relation to an election advertisement,—

    • (a) includes the cost of—

      • (i) the preparation, design, composition, printing, distribution, postage, and publication of the advertisement; and

      • (ii) the reasonable market value of any material used for or applied towards the advertisement that is provided free of charge or below reasonable market value; but

    • (b) excludes the cost of—

      • (i) travel; and

      • (ii) the conduct of any survey or public opinion poll; and

      • (iii) the labour of any person that is provided free of charge by that person; and

      • (iv) the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by—

        • (A) 1 or more persons, other than the person promoting the advertisement (person A):

        • (B) the occurrence of an event beyond the control of person A, or any person acting on behalf of person A

    candidate advertisement means an election advertisement of the kind described in section 3A(1)(a)

    candidate advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

    • (a) to vote for a constituency candidate (whether or not the name of the candidate is stated):

    • (b) not to vote for a constituency candidate (whether or not the name of the candidate is stated)

    election advertisement has the meaning given to it by section 3A

    party advertisement means an election advertisement of the kind described in section 3A(1)(b)

    party advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

    • (a) to vote for a party (whether or not the name of the party is stated):

    • (b) not to vote for a party (whether or not the name of the party is stated)

    regulated period has the meaning given to it by section 3B.

    (4) The definition of public inspection period in section 3(1) is amended by inserting 206ZC, after 206I,.

5 New sections 3A to 3C 3F and heading inserted
  • The following sections are inserted after section 3:

    3A Meaning of election advertisement
    • (1) In this Act, unless the context otherwise requires, election advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters—

      • (a) to vote, or not to vote, for 1 or more candidates; or

      • (b) to vote, or not to vote, for 1 or more parties; or

      • (c) to vote, or not to vote, for 1 or more candidates and 1 or more parties; or

      • (d) to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated); or

      • (e) to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated).

      (1) In this Act, election advertisement

      • (a) means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

        • (i) to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated):

        • (ii) to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated); and

      • (b) includes—

        • (i) a candidate advertisement; and

        • (ii) a party advertisement.

      (2) None of the following are election advertisements:

      • (a) an advertisement that—

        • (i) is published, or caused or permitted to be published, by the Electoral Commission, the Chief Registrar of Electors, or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand; and

        • (ii) relates to electoral matters or the conduct of any general election or by-election; and

        • (iii) contains either—

          • (A) a statement indicating that the advertisement has been authorised by that officer or agency; or

          • (B) a symbol indicating that the advertisement has been authorised by that officer or agency:

      • (b) any news or comments, other than advertising material, relating to an election in a periodical that is written or selected by, or with the authority of, the editor solely for the purpose of informing, enlightening, or entertaining readers:

      • (c) any content of a radio or television programme, other than advertising material, that has been selected by, or with the authority of, a broadcaster (within the meaning of the Broadcasting Act 1989) solely for the purpose of informing, enlightening, or entertaining the programme's audience:

      • (d) any news or comments, other than advertising material, published on a news media Internet site that is written or selected by, or with the authority of, the editor or person responsible for the Internet site solely for the purpose of informing, enlightening, or entertaining readers:

      • (e) the publication by an individual, on a non-commercial basis, of his or her personal political views on or through the Internet or any other electronic medium.

      • (b) contact information (as defined in subsection (3)) published in any medium by a member of Parliament that satisfies all of the following requirements:

        • (i) the information was published by a member of Parliament in the course of performing his or her role and functions as a member of Parliament; and

        • (ii) the information was prepared for publication and published by the member of Parliament using funding received under Vote Parliamentary Service; and

        • (iii) the information was routinely published in that medium before the commencement of the regulated period and continues to be published in that medium during the regulated period; and

        • (iv) the information is published during the regulated period no more often and to no greater extent than before the commencement of the regulated period; and

        • (v) the information is published during the regulated period in the same form and style as before the commencement of the regulated period; and

        • (vi) the information is not included, combined, or associated with an election advertisement (as defined in subsection (1)), or with any other information so as to constitute an election advertisement, that is published by—

          • (A) the member of Parliament; or

          • (B) the secretary of the party to which the member of Parliament belongs; or

          • (C) any other person with the authority of the member of Parliament:

      • (c) the editorial content of—

        • (i) a periodical:

        • (ii) a radio or television programme:

        • (iii) a publication on a news media Internet site:

      • (d) any transmission (whether live or not) of proceedings in the House of Representatives:

      • (e) any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.

      (3) In this section, periodical means a newspaper, magazine, or trade or professional journal that—

      • (a) was established for purposes unrelated to the conduct of election campaigns; and

      • (b) since its establishment has been—

        • (i) published at regular intervals; and

        • (ii) generally available to members of the public.

      (3) In this section,—

      contact information, in relation to a member of Parliament, means information that—

      • (a) must include—

        • (i) the name of the member of Parliament; and

        • (ii) the contact details of the member of Parliament, being 1 or more of the following:

          • (A) telephone number:

          • (B) physical or postal address:

          • (C) email address; and

        • (iii) the name of the electoral district that the member of Parliament represents or, if the member has not been elected to represent an electoral district, the fact that the member has been elected from a party list; and

      • (b) may include 1 or more of the following:

        • (i) a photograph of the member of Parliament:

        • (ii) the website address of either or both—

          • (A) the member of Parliament:

          • (B) the party to which the member of Parliament belongs:

        • (iii) the name of the party to which the member of Parliament belongs:

        • (iv) the logo of the party to which the member of Parliament belongs:

        • (v) the times when the member of Parliament is available for consultation by the public

      periodical means a newspaper, magazine, or trade or professional journal that—

      • (a) was established for purposes unrelated to the conduct of election campaigns; and

      • (b) since its establishment has been—

        • (i) published at regular intervals; and

        • (ii) generally available to members of the public.

      Compare: 1993 No 87 ss 221(1), (6), 221A(2), (4) (pre-1 January 2011); 2007 No 111 ss 4, 5(2)

    3B Meaning of regulated period
    • (1) In this Act, regulated period, in relation to a general election, has the meaning given to it by subsections (2) and (3).

      (2) If before the close of the default day the Prime Minister gives public notice of the day that is to be polling day for the election, the regulated period—

      • (a) commences on the later of the following days:

        • (i) the day after the date on which the Prime Minister gives that public notice:

        • (ii) the day that is 3 months before polling day; and

      • (b) ends with the close of the day before polling day.

      (3) If at the close of the default day the Prime Minister has not given public notice of the day that is to be polling day for the election, the regulated period—

      • (a) commences on the close of the default day; and

      • (b) ends with the close of the day before polling day.

      (4) In this Act, regulated period, in relation to a by-election, means the period that—

      • (a) commences on the day after the notice of the vacancy to be filled by the by-election is published under section 129(1); and

      • (b) ends with the close of the day before polling day.

      (5) In this section,—

      default day means the day that is 3 months before 2 years and 9 months after the polling day for the last possible polling day for the preceding general election

      give public notice means issue a media statement.

    3C Electoral Commission to publish details relating to regulated period
    • The Electoral Commission must,—

      • (a) within 6 months after the day of the return of the writ for a general election, publish in the Gazette notice of the last possible polling day for the next general election; and

      • (b) as soon as practicable after the commencement of the regulated period for a general election, publish in the Gazette notice of—

        • (i) the date on which the regulated period commenced; and

        • (ii) the date on which the regulated period will end.

    3C Electoral Commission to publish details relating to regulated period
    • The Electoral Commission must, as soon as practicable after the commencement of the regulated period for a general election, publish in the Gazette notice of—

      • (a) the date on which the regulated period commenced; and

      • (b) the date on which the regulated period will end.

    3D Meaning of publish
    • In this Act, unless the context otherwise requires, publish, in relation to an election advertisement, means to bring to the notice of a person in any manner—

      • (a) including—

        • (i) displaying on any medium:

        • (ii) distributing by any means:

        • (iii) delivering to an address:

        • (iv) leaving at a place:

        • (v) sending by post or otherwise:

        • (vi) printing in a newspaper or other periodical:

        • (vii) broadcasting by any means:

        • (viii) disseminating by means of the Internet or any other electronic medium:

        • (ix) storing electronically in a way that is accessible to the public:

        • (x) incorporating in a device for use with a computer:

        • (xi) inserting in a film or video; but

      • (b) excluding addressing 1 or more persons face to face.

    3E Meaning of advertising expenses
    • (1) In this Act, advertising expenses, in relation to an election advertisement—

      • (a) includes—

        • (i) the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and

        • (ii) the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but

      • (b) excludes the cost of—

        • (i) the conduct of any survey or public opinion poll; and

        • (ii) any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and

        • (iii) the labour of any person that is provided free of charge by that person; and

        • (iv) the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by—

          • (A) 1 or more persons, other than the person promoting the advertisement (person A):

          • (B) the occurrence of an event beyond the control of person A, or any person acting on behalf of person A.

      (2) To avoid doubt, advertising expenses does not include the cost (including running costs) of any vehicle used to display an election advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding for the payment of money or money's worth.

      (3) In this section, vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

    Extraterritorial application

    3F Application of Act to conduct outside New Zealand
    • (1) The provisions of Part 6AA and 6A apply in respect of the publication of an election advertisement—

      • (a) in New Zealand, in any case where the promoter of the advertisement is outside New Zealand; and

      • (b) outside New Zealand, in any case where the promoter of the advertisement is in New Zealand.

      (2) Subsection (1) does not affect the application of the provisions of this Act (other than those provisions in Parts 6AA and 6A that apply in respect of the publication of an election advertisement) in respect of an offence that under any provision of the Crimes Act 1961 is deemed to be committed in New Zealand.

6 Special voters
  • Section 61(1) is amended by adding the following subsection:

    • (3) A person whose name appears on the main roll or any supplementary roll for an electoral district and who is qualified to vote at an election in that district may vote as a special voter if the person—

      • (a) applies to vote in person before polling day; and

      • (b) does so within that district or at an office maintained by the Returning Officer of that district.

7 New Part 6AA inserted
  • The following Part is inserted after section 204:

    Part 6AA
    Election advertising

    Interpretation provisions

    204A Interpretation
    • In this Part, unless the context otherwise requires,—

      address means—

      • (a) in relation to an individual,—

        • (i) the full street address of the place where that individual usually lives; or

        • (ii) the full street address of any other place where that individual can usually be contacted between the hours of 9 am and 5 pm on any working day:

      • (b) in relation to a body corporate or unincorporated,—

        • (i) the full street address of the body's principal place of business; or

        • (ii) the full street address of the body's head office

      contact address, in relation to a registered promoter, means the address included in the contact details for that promoter given in the notice required under section 204M(d)

      contact details means any 2 or more of the following: for a person means that person's—

      • (a) an address:

      • (b) an email address:

      • (c) telephone numbers

      • (a) address; and

      • (b) telephone numbers; and

      • (c) email address (if any)

      election advertisement has the meaning given to it by section 3A

      promoter

      • (a) means a person on whose initiative an election advertisement—

        • (i) is published; or

        • (ii) is to be published; and

      • (b) includes, without limitation, a person—

        • (i) who enters into a contract, arrangement, or understanding with another person to the effect that the other person publish an election advertisement; or

        • (ii) who publishes an election advertisement in the absence of such a contract, arrangement, or understanding

      promoter means a person who initiates or instigates an election advertisement that—

      • (a) is published; or

      • (b) is to be published

      register means the register of registered promoters established and maintained under section 204S

      registered promoter

      • (a) means a promoter who is registered under section 204O; and

      • (b) includes a promoter who at any time in the regulated period has been registered under section 204O

      unregistered promoter means a promoter who is not—

      • (a) a party secretary:

      • (b) a candidate:

      • (c) a registered promoter.

      unregistered promoter means a promoter who is not—

      • (a) a registered promoter; or

      • (b) a constituency candidate; or

      • (c) a list candidate; or

      • (d) a party; or

      • (e) a person involved in the administration of—

        • (i) the affairs of a candidate in relation to the candidate's election campaign; or

        • (ii) the affairs of a party.

    Subpart 1General rules governing election advertisements

    204B Persons who may promote election advertisements
    • (1) A promoter person is entitled to promote an election advertisement if the promoter person is—

      • (a) a party secretary, but only if the advertisement is a party advertisement promoted by, or on behalf of, that party:

      • (b) a candidate, but only if the advertisement is a candidate advertisement promoted by, or on behalf of, 1 or more candidates:

      • (c) a registered promoter:

      • (d) an unregistered promoter who does not incur advertising expenses exceeding $12,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A) in relation to election advertisements published during the regulated period.

      (2) The amount in subsection (1)(d) is inclusive of goods and services tax.

      (3) Every promoter person who wilfully promotes an election advertisement without being entitled to do so under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $40,000 is guilty of an illegal practice.

      Compare: 2007 No 111 s 63(3), (4)

    204C Joint promotion of election advertisement
    • Where an election advertisement that is published during the regulated period is promoted by an unregistered promoter jointly with 1 or more other promoters, then, for the purposes of section 204B(1)(d), the advertising expenses incurred by that unregistered promoter in relation to the election advertisement include the advertising expenses incurred by all of the other promoters in relation to the election advertisement.

    204D Apportionment of unregistered promoter's advertising expenses incurred for publication of election advertisement promoted by unregistered promoter both before and during the regulated period
    • (1) This section applies if an unregistered promoter incurs advertising expenses in relation to an election advertisement that is published both before and during the regulated period.

      (1) This section applies if an election advertisement that is promoted by an unregistered promoter—

      • (a) is published both before the commencement of the regulated period and during the regulated period; or

      • (b) is published before the commencement of the regulated period and continues to be published during the regulated period.

      (2) If this section applies,—

      • (a) the election advertisement is deemed to have been published during the regulated period; but

      • (b) the advertising expenses incurred in relation to for the publication of the election advertisement must be apportioned so that only a fair proportion of those the expenses is attributed to the publication of the advertisement being incurred during the regulated period.

      (3) Only the fair proportion of the advertising expenses attributed to being incurred during the regulated period determined in accordance with subsection (2) is are advertising expenses for the purposes of section 204B(1)(d).

      Compare: 1993 No 87 ss 205C, 206C (pre-1 January 2011)

    204E Offence to avoid limit set out in section 204B(1)(d)
    • (1) An unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).

      (2) A body corporate or unincorporated may not split itself into 2 or more bodies encourage its members to take any action for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).

      (2A) No person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).

      (3) Every person who wilfully contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding $40,000 subsection (1), (2), or (2A) is guilty of an illegal practice.

      Compare: 2007 No 111 s 64

    204F Obligation to retain records necessary to verify promoter's advertising expenses
    • (1) This section applies to a promoter who—

      • (a) is an unregistered promoter:

      • (b) at any time during the regulated period has been an unregistered promoter.

      (2) A promoter to whom this section applies must take all reasonable steps to retain the records, documents, and accounts that are necessary to enable verification of the advertising expenses incurred as an unregistered promoter in relation to an election advertisement.

      (3) Subsection (2) applies until the close of the day that is 3 years after polling day for the election to which the advertisement relates.

      (4) Every promoter who fails, without reasonable excuse, to comply with subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $40,000.

    204G Election advertisement to state name and address of promoter
    • (1) A promoter of an election advertisement must ensure that the publication of the advertisement includes a statement of the promoter's name and address.

      (2) If the election advertisement is published in a printed form, the statement of the promoter's name and address must be clearly visible in the advertisement.

      (3) If the promoter of an election advertisement is a registered promoter, the promoter's name and address referred to in subsection (1) must be the name and address of the promoter that appears in the register.

      (4) Every promoter is guilty of an illegal practice who wilfully contravenes any of subsections (1) to (3).

      Compare: 1993 No 87 ss 221(2)(b), (3)(b), (4), 221A(1), (3) (pre-1 January 2011)

    204G Election advertisement to include promoter statement
    • (1) A person may publish or cause or permit to be published an election advertisement only if the advertisement includes a promoter statement.

      (2) A promoter statement referred to in subsection (1) must state the name and address of the promoter of the election advertisement.

      (3) If the promoter is a registered promoter, the name and address of the promoter stated in the promoter statement must be the same name and address of the promoter that appear in the register.

      (4) If the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter.

      (5) If the election advertisement is published in a visual form, the promoter statement must be clearly displayed in the advertisement.

      (6) If the election advertisement is published only in an audible form, the promoter statement when published must be no less audible than the other content of the advertisement.

      (7) A person who wilfully contravenes any of subsections (1) to (6) is guilty of an illegal practice.

      Compare: 1993 No 87 s 221(2)(b), (3)(b), (4) (pre-January 2011)

    204H Publication of candidate advertisement promoting candidate
    • (1) A person may publish or cause or permit to be published a candidate advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a named constituency candidate only if the publication of the advertisement is authorised in writing by the candidate.

      (2) A person may publish or cause or permit to be published an election advertisement comprising 2 or more candidate advertisements of the kind described in subsection (1) only if the publication of the advertisement is authorised in writing by—

      • (a) each of the candidates; or

      • (b) the secretary of the party to which the candidates belong.

      (2) A person may publish or cause or permit to be published an election advertisement comprising 2 or more candidate advertisements of the kind described in subsection (1) only if the publication of the advertisement is authorised in writing by each of the candidates.

      (3) A person who wilfully contravenes subsection (1) or (2) is guilty of an illegal practice.

      Compare: 1993 No 87 s 221(1)(a), (2)(a), (4), (5) (pre-1 January 2011)

    204I Publication of party advertisement promoting party
    • (1) A person may publish or cause or permit to be published a party advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a named party only if the publication of the advertisement is authorised in writing by the party secretary.

      (2) A person who wilfully contravenes subsection (1) is guilty of an illegal practice.

      Compare: 1993 No 87 s 221(1)(b), (3), (4), (5) (pre-1 January 2011)

    204J Electoral Commission to provide advice on application of definition of election advertisement
    • (1) Any person (a requestor) may request the Electoral Commission to provide advice on whether, in the opinion of the Electoral Commission, an advertisement that the promoter proposes to promote constitutes an election advertisement.

      (2) A request made under subsection (1) must be accompanied by the advertisement in the form required by the Electoral Commission.

      (3) On receipt of a request under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, provide an opinion to the requestor.

      (4) During the period specified in subsection (5) (6), the Electoral Commission is to must treat the following documents as confidential:

      • (a) an advertisement received under subsection (2):

      • (b) any supporting material made available by the promoter requestor to the Electoral Commission:

      • (c) advice given by it the Electoral Commission to a promoter requestor under subsection (3).

      (4A) Notwithstanding subsection (4), the Electoral Commission may, upon request or on its own initiative, make available to the New Zealand Police copies of the documents referred to in that subsection to assist with the investigation or prosecution of any offence or suspected offence relating to an election.

      (5) The period specified for the purposes of subsection (4) is, in relation to a document, the period that—

      • (a) begins on the day the Electoral Commission receives the document; and

      • (b) ends on the day after the day for the return of the writ for the election to which the advertisement relates.

      (6) Subsection (4) overrides the Official Information Act 1982 and the Privacy Act 1993.

    204K Duty of Electoral Commission to report suspected offences
    • (1) If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.

      (2) Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

    Subpart 2Registered promoters

    204L Promoters eligible to be registered
    • A promoter (including a corporation sole, a body corporate, and an unincorporated body) is eligible to be a registered promoter if the promoter is not—

      • (a) a constituency candidate:

      • (b) a list candidate:

      • (c) a party secretary:

      • (ca) an overseas person as defined in section 207K:

      • (d) a person involved in the administration of—

        • (i) the affairs of a candidate in relation to the candidate's election campaign; or

        • (ii) the affairs of a party.

      Compare: 2007 No 111 s 13

    204M Application for registration
    • An application to be a registered promoter must be—

      • (a) made to the Electoral Commission; and

      • (b) made,—

        • (i) if the promoter is an individual, by that individual; or

        • (ii) if the promoter is a body corporate, by a person who is duly authorised by the board or other governing body of the body corporate to make the application; or

        • (iii) if the promoter is an unincorporated body, by the representative of the body who is authorised by the body for the purpose; and

      • (c) made in the form required by the Electoral Commission; and

      • (d) accompanied by—

        • (i) a notice setting out the contact details of—

          • (A) the promoter; and

          • (B) the person described in paragraph (b)(ii) or (iii), as the case may be, who made the application, if the promoter is a body corporate or an unincorporated body; and

        • (ii) evidence of the authority to make the application, if the application is made by a person described in paragraph (b)(ii) or (iii).

      Compare: 2007 No 111 s 15(2), (3)(a)

    204M Application for registration
    • (1) An application to be a registered promoter must be made to the Electoral Commission and made,—

      • (a) if the promoter is an individual, by that individual; or

      • (b) if the promoter is a company, by a person who is duly authorised by the board of directors to make the application; or

      • (c) if the promoter is not an individual or a company, by the promoter's representative who is duly authorised by the promoter to make the application.

      (2) An application to be a registered promoter must be made in the form required by the Electoral Commission and set out—

      • (a) the name and contact details of—

        • (i) the promoter; and

        • (ii) the person described in subsection (1)(b) or (c) who made the application, if the promoter is not an individual; and

      • (b) the names of the persons occupying a position in the body that is comparable with that of a director of a company, if the promoter is not an individual or a company; and

      • (c) the names of the trustees, if the promoter is a trust.

      (3) An application to be a registered promoter must be accompanied by evidence of the authority to make the application, if the application is made by a person described in subsection (1)(b) or (c).

      Compare: 2007 No 111 s 15(2), (3)(a)

    204N Grounds on which application for registration must be refused
    • The Electoral Commission must refuse an application by a promoter to be registered if—

      • (a) the application does not comply with section 204M; or

      • (b) the Electoral Commission is not satisfied that the promoter is eligible under section 204L to be registered; or

      • (c) the name of the promoter is—

        • (i) indecent or offensive; or

        • (ii) likely to cause confusion with the name of either a candidate or a party; or or mislead electors.

        • (iii) likely to mislead members of the public.

      Compare: 1993 No 87 s 65(a), (c); 2007 No 111 s 17(1)(a), (c), (d)

    204O Electoral Commission's decision on application
    • (1) If there are no grounds under section 204N to refuse an application by a promoter to be registered, the Electoral Commission must, as soon as is reasonably practicable after receiving the application,—

      • (a) register the promoter; and

      • (b) notify the person who made the application of the date of registration of the promoter.

      (2) If there are grounds under section 204N to refuse an application, the Electoral Commission must, as soon as is reasonably practicable after receiving the application,—

      • (a) refuse the application; and

      • (b) notify the person who made the application of the refusal and the reasons.

      Compare: 2007 No 111 s 18

    204P Obligation to notify Electoral Commission of change in contact details
    • A registered promoter must give written notice to the Electoral Commission of any change in the promoter's contact details within 10 working days after the change information provided under section 204M(2) within 10 working days after the change.

      Compare: 2007 No 111 s 19(1)

    204Q Cancellation of registration
    • (1) The Electoral Commission must cancel the registration of a promoter if—

      • (a) the Electoral Commission is satisfied that the promoter is not eligible to be registered; or

      • (b) the promoter—

        • (i) requests that it do so; and

        • (ii) has not incurred expenses in relation to election advertisements that exceed the amount specified in section 204B(1)(d).

      (2) If the Electoral Commission cancels the registration of a promoter under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of the cancellation, give the promoter written notice of—

      • (a) the cancellation; and

      • (b) the reason for the cancellation.

      Compare: 2007 No 111 s 20

    204R Expiry of registration
    • Unless earlier cancelled under section 204Q, a promoter's registration expires on the close of polling day for the next election following the date of the promoter's registration.

    204S Establishment of register
    • (1) The Electoral Commission must establish and maintain a register of registered promoters.

      (2) The Electoral Commission must enter in the register—

      • (a) the name of every registered promoter; and

      • (b) the contact address for every registered promoter.

      (2) The Electoral Commission must enter in the register in respect of every registered promoter—

      • (a) the name of the registered promoter; and

      • (b) the address of the registered promoter; and

      • (c) the names of the persons set out in the promoter's application, if any, provided under section 204M(2)(a)(ii), (b), and (c).

      (3) The Electoral Commission may enter in the register any other information that the Electoral Commission considers necessary or desirable for the purposes of the register.

    204T Purposes of register
    • The purposes of the register are—

      • (a) to enable members of the public to—

        • (i) identify registered promoters; and

        • (ii) find out the name and contact address of a registered promoter; and

      • (a) to enable members of the public to ascertain—

        • (i) whether a person is a registered promoter and, if so, the address of that person; and

        • (ii) whether an election advertisement is promoted by a registered promoter; and

      • (b) to assist with the enforcement of the provisions of this Part.

    204U Form of register
    • The register may be kept—

      • (a) as an electronic register (for example, on the Electoral Commission's Internet site); or

      • (b) in any other manner that the Electoral Commission thinks fit.

    204V Alterations to register
    • The Electoral Commission may at any time make any amendments to the register that are necessary to—

      • (a) reflect any changes in the information referred to in section 204P; or

      • (b) correct any error or omission on the part of the Electoral Commission or any person to whom the Electoral Commission has delegated its functions, duties, or powers.

    204W Register to be public
    • The Electoral Commission must—

      • (a) make the register available for public inspection at its office during ordinary office hours, without fee; and

      • (b) supply to a person copies of all or part of the register on request, subject to the payment of any charges that may be made under the Official Information Act 1982.

    204X Search of register
    • A person may search the register for a purpose set out in section 204T.

    204Y When search constitutes interference with privacy of individual
    • A search of the register for personal information that has not been carried out for a purpose specified in section 204T constitutes an action that is an interference with the privacy of an individual under section 66 of the Privacy Act 1993.

8 New heading and sections 205 to 205EA substituted
  • Sections 205 to 205E and the heading above section 205 are repealed and the following heading and sections substituted:

    Subpart 1Election expenses of candidates

    205 Interpretation and application
    • (1) In this subpart, unless the context otherwise requires,—

      advertising expenses has the meaning given to it by section 3E

      advertising expenses, candidate advertisement, and party advertisement have has the meanings given to them it by section 3(1)

      election advertisement has the meaning given to it by section 3A

      election expenses, in relation to a candidate,—

      • (a) means the advertising expenses incurred by or on behalf of a candidate in relation to a candidate advertisement that—

        • (i) is published, or continues to be published, during the regulated period; and

        • (ii) is promoted by—

          • (A) the candidate; or

          • (B) a person authorised under section 204H; and

          • (B) any person (including a registered promoter) authorised by the candidate; and

      • (b) includes—

        • (i) any election expense of an election advertisement that is apportioned to a candidate under section 205E; and

        • (ii) any election expense of a party advertisement deemed to be an election expense of the candidate under section 205EA.

      • (b) includes—

        • (i) any election expense of an election advertisement that is apportioned to a candidate under section 205D or 205E; and

        • (ii) as required by section 34 of the Electoral Referendum Act 2010, any referendum expenses incurred in relation to an advertisement that comprises both—

          • (A) a candidate advertisement; and

          • (B) a referendum advertisement (within the meaning of section 30 of the Electoral Referendum Act 2010)

      party advertisement has the meaning given to it by section 3(1).

      (2) For the purposes of the definition of election expenses, it is immaterial whether an election expenses expense is paid or incurred before, during, or after the regulated period.

      (3) Nothing in sections 205K to 205R applies to a person who has not been nominated as a candidate for a seat in the House of Representatives.

    205A Persons who may incur election expenses in relation to candidate advertisement
    • An election expense in relation to a candidate advertisement may only be incurred only by—

      • (a) a candidate; or

      • (b) a party secretary in relation to—

        • (i) an advertisement that the party secretary has authorised under section 204H(2)(b); or

        • (ii) an election advertisement described in section 205E; or

      • (c) a promoter authorised under section 204H(1) or (2).

      • (b) a party secretary in relation to an election advertisement described in section 205E; or

      • (c) a promoter authorised by the candidate under section 204H.

    205AB Offence to incur unauthorised election expense
    • Every person is guilty of—

      • (a) a corrupt practice who wilfully contravenes section 205A; and

      • (b) an illegal practice who contravenes section 205A in any other case.

      Compare: 2007 No 111 s 75

    205B Maximum amount of candidate's total election expenses
    • (1) The total election expenses of a candidate in respect of any regulated period must not exceed—

      • (a) $20,300 $25,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A), in the case of a candidate at a general election; and

      • (b) $40,600 $50,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A), in the case of a candidate at a by-election.

      (2) The amounts in subsection (1) are inclusive of goods and services tax.

      Compare: 1993 No 87 s 205B (pre-1 January 2011)

    205C Apportionment of election advertising expenses for publication of candidate advertisement both before and during regulated period
    • (1) This section applies if a candidate advertisement—

      • (a) is published both before the commencement of the regulated period and during the regulated period; or

      • (b) is published before the commencement of the regulated period and continues to be published during the regulated period.

      (2) If this section applies,—

      • (a) the candidate advertisement is deemed to have been published during the regulated period; but

      • (b) the election advertising expenses for the publication of the candidate advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

      (3) Only the election advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses.

      Compare: 1993 No 87 s 205C (pre-1 January 2011)

    205D Apportionment of election expenses of election advertisement between candidates
    • (1) This section applies if an election advertisement comprises 2 or more candidate advertisements.

      (2) If this section applies, the election expenses of the election advertisement must be apportioned among the candidates in proportion to the coverage the advertisement provides to each candidate.

      (3) For the purposes of this section,—

      • (a) election expenses of the election advertisement means the total of the election expenses of all of the candidate advertisements comprised in the election advertisement; and

      • (b) the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement.

      (4) Only the expenses apportioned to a candidate in accordance with this section are election expenses of that candidate.

      Compare: 1993 No 87 s 205D (pre-1 January 2011)

    205E Apportionment of election expenses of election advertisement between candidate and party
    • (1) This section applies if an election advertisement comprises both—

      • (a) a candidate advertisement; and

      • (b) a party advertisement.

      (2) If this section applies, the election expenses of the election advertisement must be apportioned between the candidate and the party in proportion to the coverage the advertisement provides to the candidate and to the party.

      (3) For the purposes of this section,—

      • (a) election expenses of the election advertisement means the advertising expenses incurred in relation to both the candidate advertisement and the party advertisement; and

      • (b) the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement.

      (4) Only the expenses apportioned to the candidate in accordance with this section are election expenses of the candidate.

    205EA Election expenses of party advertisement deemed to be election expenses of candidate in particular case
    • (1) This section applies if a party advertisement features a candidate—

      • (a) in his or her capacity as a list candidate; or

      • (b) as endorsing or supporting the party, or the list submitted by the party under section 127.

      (2) Where the party advertisement gives more than 10% coverage to the candidate and is published in the electoral district in respect of which the candidate has been nominated, the election expenses of the party advertisement are deemed to be election expenses of the candidate.

      (3) However, this section does not apply where the party advertisement is published—

      • (a) in the electoral district in respect of which the candidate has been nominated; and

      • (b) in at least 10 other electoral districts.

      (4) For the purposes of this section, candidate means a person who is both a constituency candidate and a list candidate.

      (5) For the purposes of this section, the coverage provided by a party advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement.

      Compare: 1993 No 87 s 205E (pre-1 January 2011).

8A Offence to pay election expenses in excess of prescribed maximum
  • Section 205F is amended by adding the following subsection:

    • (3) Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 205B is guilty of a corrupt practice.

9 Periods for claiming and paying candidate's election expenses
  • Section 205G(1) is amended by omitting , or an agent of a candidate,.

10 Duty of Chief Electoral Officer Electoral Commission
  • Section 205P is amended by adding the following subsection as subsection (2):

    • (2) Subsection (1) does not apply if the Chief Electoral Officer Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

11 New heading and sections 206 to 206CCB substituted
  • Sections 206 to 206C and the heading above section 206 are repealed and the following heading and sections substituted:

    Subpart 2Election expenses of parties

    206 Interpretation
    • (1) In this subpart,—

      advertising expenses has the meaning given to it by section 3E

      advertising expenses, candidate advertisement, and party advertisement have has the meanings given to them it by section 3(1)

      election advertisement has the meaning given to it by section 3A

      election expenses, in relation to a party,—

      • (a) means the advertising expenses incurred by or on behalf of a party in relation to a party advertisement that—

        • (i) is published, or continues to be published, during the regulated period; and

        • (ii) is promoted by—

          • (A) the party secretary; or

          • (B) a person authorised under section 204I; and

          • (B) any person (including a registered promoter) authorised by the party secretary; and

      • (b) includes any election expense of an election advertisement that is apportioned to a party under section 206CA

      • (b) includes—

        • (i) any election expense of an election advertisement that is apportioned to a party under section 206CA or 206CB; and

        • (ii) as required by section 34 of the Electoral Referendum Act 2010, any referendum expenses incurred in relation to an advertisement that comprises both—

          • (A) a party advertisement; and

          • (B) a referendum advertisement (within the meaning of section 30 of the Electoral Referendum Act 2010)

      party advertisement has the meaning given to it by section 3(1).

      (2) For the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period.

    206A Persons who may incur election expenses in relation to party advertisement
    • An election expense in relation to a party advertisement may only be incurred by—

      • (a) the party secretary; or

      • (b) a candidate in relation to an election advertisement described in section 206CB; or

      • (c) a promoter authorised by the party secretary under section 204I.

    206AB Offence to incur unauthorised election expense
    • Every person is guilty of—

      • (a) a corrupt practice who wilfully contravenes section 206A; and

      • (b) an illegal practice who contravenes section 206A in any other case.

      Compare: 2007 No 111 s 97

    206B Maximum amount of party's total election expenses
    • (1) If a party is listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed—

      • (a) $1,015,000 $1,032,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A); and

      • (b) $20,300 $25,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A) for each electoral district contested by a candidate for the party.

      (2) If a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed $20,300 $25,000 for each electoral district contested by a candidate for the party.

      (3) The amounts in subsections (1) and (2) are inclusive of goods and services tax.

      Compare: 1993 No 87 s 206B (pre-1 January 2011)

    206C Apportionment of election advertising expenses for publication of party advertisement both before and during regulated period
    • (1) This section applies if a party advertisement—

      • (a) is published both before the commencement of the regulated period and during the regulated period; or

      • (b) is published before the commencement of the regulated period and continues to be published during the regulated period.

      (2) If this section applies,—

      • (a) the party advertisement is deemed to have been published during the regulated period; but

      • (b) the election advertising expenses for the publication of the party advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

      (3) Only the election advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses.

      Compare: 1993 No 87 s 206C (pre-1 January 2011)

    206CA Apportionment of election expenses of election advertisement between parties
    • (1) This section applies if an election advertisement comprises 2 or more party advertisements.

      (2) If this section applies, the election expenses of the election advertisement must be apportioned among the parties in proportion to the coverage the advertisement provides to each party.

      (3) For the purposes of this section,—

      • (a) election expenses of the election advertisement means the total of the election expenses of all of the party advertisements comprised in the election advertisement; and

      • (b) the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement.

      (4) Only the expenses apportioned to a party in accordance with this section are election expenses of that party.

    206CB Apportionment of election expenses of election advertisement between party and candidate
    • (1) This section applies if an election advertisement comprises both—

      • (a) a party advertisement; and

      • (b) a candidate advertisement.

      (2) If this section applies, the election expenses of the election advertisement must be apportioned between the party and the candidate in proportion to the coverage the advertisement provides to the party and to the candidate.

      (3) For the purpose of this section,—

      • (a) election expenses of the election advertisement means the advertising expenses incurred in relation to both the candidate advertisement and the party advertisement; and

      • (b) the coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement.

      (4) Only the expenses apportioned to the party in accordance with this section are election expenses of the party.

    206CC Election expenses of party advertisement giving coverage to candidate
    • If section 205EA applies, the election expenses of the party advertisement—

      • (a) are deemed to be election expenses of the candidate under section 205EA; and

      • (b) are not election expenses of the party.

11A Offence to pay election expenses in excess of prescribed maximum
  • Section 206D is amended by adding the following subsection:

    • (3) Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 206B is guilty of a corrupt practice.

12 Duty of Electoral Commission
  • Section 206P is amended by adding the following subsection as subsection (2):

    • (2) Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

12A New subpart 2A inserted
  • The following subpart is inserted after section 206R:

    Subpart 2AElection expenses of registered promoters

    206S Interpretation
    • (1) In this subpart,—

      advertising expenses has the meaning given to it by section 3E

      election advertisement has the meaning given to it by section 3A

      election expenses, in relation to a registered promoter,—

      • (a) means the advertising expenses incurred in relation to an election advertisement that—

        • (i) is published, or continues to be published, during the regulated period; and

        • (ii) is promoted by the registered promoter; and

      • (b) includes, as required by section 34 of the Electoral Referendum Act 2010, any referendum expenses incurred in relation to an advertisement that comprises both—

        • (i) an election advertisement; and

        • (ii) a referendum advertisement (within the meaning of section 30 of the Electoral Referendum Act 2010)

      registered promoter has the meaning given to it by section 204A.

      (2) For the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period.

    206T Persons who may incur election expenses in relation to election advertisement promoted by registered promoter
    • An election expense in relation to an election advertisement promoted by a registered promoter may only be incurred by—

      • (a) the registered promoter; or

      • (b) a person authorised by the registered promoter.

    206U Offence to incur unauthorised election expense
    • Every person is guilty of—

      • (a) a corrupt practice who wilfully contravenes section 206T; and

      • (b) an illegal practice who contravenes section 206T in any other case.

      Compare: 2007 No 111 s 117(1)

    206V Maximum amount of registered promoter's total election expenses
    • (1) The total election expenses of a registered promoter in respect of any regulated period must not exceed $300,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A).

      (2) The amount in subsection (1) is inclusive of goods and services tax.

    206W Apportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period
    • (1) This section applies if an election advertisement that is promoted by a registered promoter—

      • (a) is published both before the commencement of the regulated period and during the regulated period; or

      • (b) is published before the commencement of the regulated period and continues to be published during the regulated period.

      (2) If this section applies,—

      • (a) the election advertisement is deemed to have been published during the regulated period; but

      • (b) the advertising expenses for the publication of the election advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

      (3) Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses.

      Compare: 2007 No 11 s 119

    206X Offence to pay election expenses in excess of prescribed maximum
    • (1) This section applies to any registered promoter or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by section 206V.

      (2) The registered promoter or other person is guilty of—

      • (a) a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or

      • (b) an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount.

      (3) Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing the maximum amount prescribed in section 206V is guilty of a corrupt practice.

      Compare: 2007 No 111 s 122

    206Y Periods for claiming and paying registered promoter's election expenses
    • (1) A claim for any election expenses against a registered promoter is recoverable only if it is sent to the registered promoter within 20 working days after the day on which the declaration required by section 179(2) is made.

      (2) A claim that is sent to a registered promoter in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise.

      (3) A person who makes a payment in breach of this section is guilty of an illegal practice.

      (4) This section is subject to sections 206Z and 206ZA.

      Compare: 2007 No 111 s 82

    206Z Procedure if claim disputed
    • (1) If a registered promoter, in the case of a claim for election expenses sent to a registered promoter within the period specified in section 206Y(1), disputes the claim or fails to pay the claim within the period of 40 working days specified in section 206Y(2), then—

      • (a) the claim is to be treated as a disputed claim; and

      • (b) the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.

      (2) Any sum paid by the registered promoter in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206Y(2).

      Compare: 2007 No 111 s 83

    206ZA Leave to pay claim after time limitation
    • (1) On the application of a claimant or a registered promoter, a District Court may make an order granting leave to the registered promoter to pay—

      • (a) a claim for election expenses sent after the period specified in section 206Y(1); or

      • (b) a claim not paid in the period specified in section 206Y(2); or

      • (c) a disputed claim in respect of which an action was not brought within the period specified in section 206Z(1)(b).

      (2) Any sum paid by the registered promoter in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 206Y(2).

      Compare: 2007 No 111 s 84

    206ZB Invoice and receipt required for election expenses of $50 or more
    • (1) Every payment made in respect of any election expenses of a registered promoter must be vouched by an invoice stating the particulars, and by a receipt.

      (2) Subsection (1) does not apply to a payment less than $50.

    206ZC Return of registered promoter's election expenses
    • (1) This section applies to a registered promoter whose total election expenses in respect of any regulated period exceed $100,000 (inclusive of goods and services tax).

      (2) Within 70 working days after polling day, the registered promoter must file a return of election expenses with the Electoral Commission.

      (3) If the registered promoter is not an individual or a company, the return must be filed by the registered promoter's representative who is duly authorised to file the return.

      (4) A return filed under subsection (2) must be in the form required by the Electoral Commission.

    206ZD Electoral Commission may require auditor's report on return of registered promoter's election expenses
    • (1) If the Electoral Commission has reasonable grounds to believe that a return filed under section 206ZC may contain any false or misleading information, the Electoral Commission may require the registered promoter (at the registered promoter's expense) to obtain from an auditor a report on the return.

      (2) The auditor must state in the report—

      • (a) the position shown by the return in respect of the requirement that the registered promoter's total election expenses must not exceed the maximum amount prescribed by section 206V; and

      • (b) either—

        • (i) whether, in the auditor's opinion, the position stated under paragraph (a) is correct; or

        • (ii) that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct.

      (3) The auditor must make any examinations that the auditor considers necessary.

      (4) The auditor must specify in the report any case in which—

      • (a) the auditor has not received from the registered promoter all the information that the auditor requires to carry out his or her duties; or

      • (b) proper records of the registered promoter's election expenses have not, in the auditor's opinion, been kept by the registered promoter.

      (5) The auditor—

      • (a) must have access at all reasonable times to all records, documents, and accounts that relate to the registered promoter's election expenses and that are held by the registered promoter; and

      • (b) may require the registered promoter to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.

      Compare: 2007 No 111 s 128

    206ZE Offences relating to return of registered promoter's election expenses
    • (1) A registered promoter who fails, without reasonable excuse, to comply with section 206ZC is liable on summary conviction to a fine not exceeding $40,000.

      (2) A registered promoter who files a return under section 206ZC that is false in any material particular is guilty of—

      • (a) a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular:

      • (b) an illegal practice in any other case unless the registered promoter proves that—

        • (i) he or she had no intention to misstate or conceal the facts; and

        • (ii) he or she took all reasonable steps in the circumstances to ensure that the information was accurate.

      (3) If the registered promoter is not an individual or a company, the registered promoter's representative who files the return in accordance with section 206ZC(3) is liable under subsections (1) and (2).

      (4) Subsection (3) does not limit the liability of a registered promoter under subsection (1) or (2).

      Compare: 2007 No 111 s 130

    206ZF Obligation to retain records necessary to verify return of registered promoter's election expenses
    • (1) A registered promoter must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return filed under section 206ZC to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates.

      (2) A registered promoter who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $40,000.

      Compare: 2007 No 111 s 131

    206ZG Duty of Electoral Commission
    • (1) If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.

      (2) Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

      Compare: 2007 No 111 s 132

    206ZH Return of registered promoter's election expenses to be publicly available
    • (1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 206ZC.

      (2) During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 206ZC.

      (3) The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982.

      Compare: 2007 No 111 s 133.

13 Interpretation
  • Section 207 is amended by adding the following subsection:

    • (4) For the purposes of sections 207BA, 207BB, 207CA, and 207CB, bodies corporate are, in relation to one another, associated entities if—

      • (a) each body corporate has 12 or fewer members or shareholders and at least half of those members or shareholders are the same; or

      • (b) at least half the persons who control each body corporate are the same; or

      • (c) one of the bodies corporate—

        • (i) has the power, directly or indirectly, to exercise, or control the exercise of, 25% or more of the voting power at a meeting of the other; or

        • (ii) is able to appoint or control 25% or more of the governing body of the other; or

      • (d) each body corporate is a subsidiary (within the meaning of the Companies Act 1993) of the same holding company (within the meaning of that Act).

    (1) Paragraph (a)(i) of the definition of candidate donation in section 207(2) is amended by omitting $200 and substituting $300.

    (2) Section 207(2) is amended by repealing paragraph (b) of the definition of candidate donation and substituting the following paragraph:

    • (b) excludes,—

      • (i) the labour of any person that is provided to a candidate free of charge by that person; and

      • (ii) goods or services provided free of charge to a candidate, or to any person on the candidate's behalf, that have a reasonable market value of $300 or less.

    (3) Paragraph (a)(i) of the definition of party donation in section 207(2) is amended by omitting $1,000 and substituting $1,500.

    (4) Section 207(2) is amended by repealing paragraph (b)(ii) of the definition of party donation and substituting the following subparagraphs:

    • (ii) goods or services provided free of charge to a party, or to any person on the party's behalf, that have a reasonable market value of $1,500 or less; and

    • (iii) any candidate donation that is included in a return made by a candidate under section 209.

13A Donations to be transmitted to candidate or party secretary
  • Section 207B is amended by repealing subsection (2) and substituting the following subsection:

    • (2) Every person to whom a party donation is given or sent must, within 10 working days after receiving the donation, either—

      • (a) transmit the donation to the party secretary; or

      • (b) deposit the donation into a bank account nominated by the party secretary.

14 New sections 207BA and 207BB inserted
  • The following sections are inserted after section 207:

    207BA Donations made by bodies corporate
    • (1) A party donation made by a body corporate must be accompanied by a written statement that is signed and dated by an officer of the body corporate and that—

      • (a) sets out the names of all the associated entities of the body corporate as at the date of the statement; or

      • (b) states that, as at that date, there are no associated entities of the body corporate.

      (2) If a party secretary receives a party donation that has been made by a body corporate and that does not comply with subsection (1) in any respect, the party secretary must, within 20 working days of receipt of the donation, give back to the donor the entire amount of the donation or its entire value.

      (3) For the purposes of section 207BB, any amount given back by a party secretary under subsection (2) is taken not to have been received by the party secretary.

      (4) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $40,000, who signs a statement of the kind described in subsection (1) if the person knows that the statement—

      • (a) is to be used for the purposes of this section; and

      • (b) is in any material respect incorrect or incomplete.

    207BB Party secretaries must aggregate certain party donations into group donations
    • (1) Whenever a party secretary receives a donation from a body corporate (body A), the party secretary must, on the basis of the information provided under section 207BA, check whether party donations have been received from 1 or more other bodies corporate (bodies B) that are associated entities of body A.

      (2) If party donations have been received from body A and bodies B, the party secretary must—

      • (a) establish a list that shows body A and bodies B as a group of associated entities that have made donations and assign a name to the group; or

      • (b) confirm that a list under paragraph (a) has already been established for associated entities of body A and make any necessary amendments to that list, including the name assigned to the group.

      (3) A list established under subsection (2) must show—

      • (a) the amounts of the party donations made by each body corporate in any calendar year; and

      • (b) the sum of all those amounts for any completed calendar year.

      (4) For the purposes of section 210(1)(a) and (2) , the sum required to be shown under subsection (3)(b) for the relevant calendar year—

      • (a) is deemed to be a single donation made on the immediately preceding 31 December by the group named in the list established under subsection (2); and

      • (b) must accordingly be set out in the return of party donations required to be filed under section 210(1) if that sum exceeds $10,000.

      (5) This section does not affect any obligation to disclose a party donation that is required to be disclosed under section 210 or 210C and any such obligation has effect even though that party donation is included in the aggregated party donations disclosed because of subsection (4).

15 Contributors to be identified
  • (1) Section 207C(1) is amended by inserting (other than an anonymous donation) after donation.

    (2) Section 207C(2) is amended by omitting $1,000 in each place where it appears and substituting in each case $1,500.

16 New sections 207CA and 207CB inserted
  • The following sections are inserted after section 207C:

    207CA Party donations funded by contributions made by bodies corporate
    • (1) In this section and in section 207CB, donation funded from corporate contributions means a party donation funded from contributions that consist of or include contributions made by 1 or more bodies corporate.

      (2) A donation funded from corporate contributions must, in respect of each contributor that is a body corporate and that has made a contribution that in sum or value is over $1,000, be accompanied by a written statement that complies with the requirements of subsection (3).

      (3) The statement referred to in subsection (2) must be signed and dated by an officer of the body corporate and must—

      • (a) set out the names of all the associated entities that the body corporate has as at the date of the statement; or

      • (b) state that, as at that date, the body corporate has no associated entities.

      (4) If a party secretary receives a donation funded from corporate contributions that does not comply with subsection (2) in any respect, the party secretary must, within 20 working days of receipt of the donation, give back to the donor the entire amount of the donation or its entire value.

      (5) For the purposes of section 207CB, any amount given back by a party secretary under subsection (4) is taken not to have been received by the party secretary.

      (6) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $40,000, who signs a statement of the kind described in subsection (3) if the person knows that the statement—

      • (a) is to be used for the purposes of this section; and

      • (b) is in any material respect incorrect or incomplete.

      (7) Nothing in this section limits section 207C.

    207CB Party secretaries must aggregate certain contributions into group contributions
    • (1) Whenever a party secretary receives a party donation funded from corporate contributions, the party secretary must, on the basis of the information provided under section 207CA, check in respect of each body corporate (body A) that has made a contribution whether it is an associated entity of 1 or more other bodies corporate (bodies B) that have made contributions to that party donation or to any previous party donation funded from corporate contributions.

      (2) If contributions that are each over $1,000 in sum or value have been made by body A and bodies B, the party secretary must—

      • (a) establish a list that shows body A and bodies B as a group of associated entities that have made contributions and assign a name to the group; or

      • (b) confirm that a list under paragraph (a) has already been established for associated entities of body A and make any necessary amendments to that list, including the name assigned to the group.

      (3) A list established under subsection (2) must show—

      • (a) the amounts of the contributions that are each over $1,000 in sum or value that have been made by each body corporate in any calendar year; and

      • (b) the sum of all those amounts for any calendar year.

      (4) For the purposes of section 210(1)(b) and (3) , the sum required to be shown under subsection (3)(b) for the relevant calendar year—

      • (a) is deemed to be a single contribution made on the immediately preceding 31 December by the group named in the list established under subsection (2); and

      • (b) must accordingly be set out in the return of party donations required to be filed under section 210(1) if that sum exceeds $10,000.

      (5) This section does not affect any obligation to disclose a contribution that is required to be disclosed under section 210 and any such obligation has effect even though that contribution is included in the aggregated contributions disclosed because of subsection (4).

16 Disclosure of identity of donor
  • Section 207G is amended by omitting $1,000 in each place where it appears and substituting in each case $1,500.

16A Anonymous donation may not exceed $1,000
  • (1) The heading to section 207I is amended by omitting $1,000 and substituting $1,500.

    (2) Section 207I is amended by omitting $1,000 in each place where it appears and substituting in each case $1,500.

17 Overseas donation may not exceed $1,000
  • (1) The heading to section 207K is amended by inserting or contribution after donation.

    (1) Section 207K is amended by omitting the heading and substituting the following heading: Overseas donation or contribution may not exceed $1,500.

    (2) Section 207K is amended by repealing subsection (2) and substituting the following subsections:

    • (2) If a candidate receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign exceeds $1,000 $1,500, the candidate must, within 20 working days of receipt of the donation,—

      • (a) return to the overseas person the total amount donated by the overseas person, or its value, less $1,000 $1,500; or

      • (b) if this is not possible, pay the total amount donated by the overseas person, or its value, less $1,000 $1,500 to the Chief Electoral Officer Electoral Commission.

    • (2A) If a party secretary receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the same year ending 31 December exceeds $1,000 $1,500, the party secretary must, within 20 working days of receipt of the donation,—

      • (a) return to the overseas person the total amount donated by the overseas person, or its value, less $1,000 $1,500; or

      • (b) if this is not possible, pay the total amount donated by the overseas person, or its value, less $1,000 $1,500 to the Electoral Commission.

    (3) Section 207K(3) is amended by omitting $1,000 and substituting $1,500.

17A New section 207LA inserted
  • The following section is inserted after section 207L:

    207LA Offence relating to splitting party donation or contribution to party donation
    • (1) A person is guilty of a corrupt practice who directs or procures, or is actively involved in directing or procuring, 2 or more bodies corporate to split between the bodies corporate a party donation in order to conceal the total amount of the donation and avoid the donation's inclusion by the party secretary in the return of party donations under section 210(1)(a).

      (2) A person is guilty of a corrupt practice who directs or procures, or is actively involved in directing or procuring, 2 or more bodies corporate to split between the bodies corporate a contribution to a party donation in order to conceal the total amount of the contribution and avoid the contribution's inclusion by the party secretary in the return of party donations under section 210(1)(b).

18 Duty of Chief Electoral Officer in relation to donations
  • Section 207O is amended by adding the following subsection as subsection (2):

    • (2) Subsection (1) does not apply if the Chief Electoral Officer considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

19 Duty of Electoral Commission in relation to donations
  • Section 207P is amended by adding the following subsection as subsection (2):

    • (2) Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

18 New section 207O substituted
  • Section 207O is repealed and the following section substituted:

    207O Duty of Electoral Commission in relation to donations
    • (1) If the Electoral Commission believes that any person has committed an offence against this subpart or subparts 4 to 6 of this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.

      (2) Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

      Compare: 2007 No 111 ss 35, 36.

19 Section 207P repealed
  • Section 207P is repealed.

19A Method of making donation protected from disclosure
  • Section 208A is amended by omitting $1,000 in each place where it appears and substituting in each case $1,500.

20 Return of candidate donations
  • (1AA) Section 209(1) is amended by omitting $1,000 in each place where it appears and substituting in each case $1,500.

    (1) Section 209(1) is amended by repealing paragraph (d) and substituting the following paragraphs:

    • (d) the details specified in subsection (5) in respect of every candidate donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign, exceeds $1,000 $1,500; and

    • (e) the details specified in subsection (5A) in respect of every contribution to a candidate donation received by him or her from an overseas person that exceeds $1,000 $1,500.

    (2) Section 209(2) is amended by repealing paragraphs (c) and (d) and substituting the following paragraphs:

    • (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    • (d) the date the donation was received or, in the case of aggregated donations, the date that each donation was received.

    (3) Section 209 is amended by repealing subsection (5) and substituting the following subsections:

    • (5) The details referred to in subsection (1)(d) are—

      • (a) the name of the overseas person; and

      • (b) the address of the overseas person; and

      • (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

      • (d) the date the donation was received or, in the case of aggregated donations, the date each donation was received; and

      • (e) the amount returned to an overseas person or paid to the Chief Electoral Officer Electoral Commission under section 207K(2), and the date of that return or payment, as the case may be.

    • (5A) The details referred to in subsection (1)(e) are—

      • (a) the name of the overseas person; and

      • (b) the address of the overseas person; and

      • (c) the amount of the contribution; and

      • (d) the date on which the related donation funded from the contribution was made; and

      • (e) the amount returned to the donor or paid to the Chief Electoral Officer Electoral Commission under section 207K(3), and the date of that return or payment, as the case may be.

21 Annual return of party donations
  • (1AA) Section 210(1) is amended by omitting $10,000 in each place where it appears and substituting in each case $15,000.

    (1AB) Section 210(1)(c) is amended by omitting $1,000 and substituting $1,500.

    (1) Section 210(1) is amended by repealing paragraph (d) and substituting the following paragraphs:

    • (d) the details specified in subsection (5) in respect of every party donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the year, exceeds $1,000 $1,500; and

    • (da) the details specified in subsection (5A) in respect of every contribution to a party donation received by him or her from an overseas person that exceeds $1,000 $1,500; and.

    (2) Section 210(1) is amended by adding ; and and also by adding the following paragraph:

    • (f) the details specified in subsection (6A) in respect of all other party donations received by him or her.

    (3) Section 210(2) is amended by repealing paragraphs (c) and (d) and substituting the following paragraphs:

    • (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

    • (d) the date the donation was received or, in the case of aggregated donations, the date that each donation was received.

    (4) Section 210 is amended by repealing subsection (5) and substituting the following subsections:

    • (5) The details referred to in subsection (1)(d) are—

      • (a) the name of the overseas person; and

      • (b) the address of the overseas person; and

      • (c) the amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

      • (d) the date the donation was received or, in the case of aggregated donations, the date each donation was received; and

      • (e) the amount returned to an overseas person or paid to the Electoral Commission under section 207K(2A), and the date of that return or payment, as the case may be.

    • (5A) The details referred to in subsection (1)(da) are—

      • (a) the name of the overseas person; and

      • (b) the address of the overseas person; and

      • (c) the amount of the contribution; and

      • (d) the date on which the related donation funded from the contribution was made; and

      • (e) the amount returned to the donor or paid to the Electoral Commission under section 207K(3), and the date of that return or payment, as the case may be.

    (5) Section 210 is amended by inserting the following subsection after subsection (6):

    • (6A) The details referred to in subsection (1)(f) are the total amounts for each of the following categories of party donations (inclusive of contributions):

      • (a) anonymous party donations not exceeding $1,000:

      • (b) overseas party donations not exceeding $1,000:

      • (c) all other party donations not exceeding $1,000:

      • (d) all party donations exceeding $1,000 but not exceeding $5,000:

      • (e) all party donations exceeding $5,000 but not exceeding $10,000.

    • (6A) The details referred to in subsection (1)(f) are—

      • (a) the number of anonymous party donations received of an amount not exceeding $1,500, and the total amount of all such donations:

      • (b) the number of overseas party donations received of an amount not exceeding $1,500, and the total amount of all such donations:

      • (c) the number of all party donations received of an amount exceeding $1,500 but not exceeding $5,000, and the total amount of all such donations:

      • (d) the number of all party donations received of an amount exceeding $5,000 but not exceeding $15,000, and the total amount of all such donations.

21A Return of party donation received from same donor exceeding $20,000
  • Section 210C and the heading to section 210C are amended by omitting $20,000 and substituting in each case $30,000.

22 Offences relating to return of party donations
  • Section 210D is amended by repealing subsection (1) and substituting the following subsection:

    • (1) A party secretary commits an offence and is liable on summary conviction to a fine not exceeding $40,000 who fails, without reasonable excuse, to comply with—

      • (a) section 210:

      • (b) section 210C.

23 Sections 221 and 221A Section 221 repealed
  • Sections 221 and 221A are Section 221 is repealed.

23A Electoral advertisements
  • Section 221A(1) is amended by inserting (not being an election advertisement as defined in section 3A) after election.

24 Punishment for corrupt or illegal practice
  • (1) Section 224(2)(a) is amended by inserting 6AA or after Part.

    (2) Section 224(2) is amended by inserting the following paragraph after paragraph (a):

    • (ab) $40,000 in the case of a person who is a registered promoter and who is convicted of any illegal practice under Part 6AA; or.

24 Punishment for corrupt or illegal practice
  • (1) Section 224(1)(b)(i) is amended by omitting constituency candidate or a party secretary and substituting constituency candidate, party secretary, or registered promoter.

    (2) Section 224 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) Every person who is guilty of any illegal practice is liable on conviction on indictment to a fine not exceeding—

      • (a) $40,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter and who is convicted of any illegal practice under Part 6AA or 6A; or

      • (b) $40,000 in the case of a person who is an unregistered promoter and who is convicted of any illegal practice under section 204B or 204E; or

      • (c) $10,000 in any other case.

25 Time limit for prosecutions
  • (1) Section 226(1) is amended by repealing paragraphs (c) and (d) and substituting the following paragraphs:

    • (d) section 210D(1)(a).

    • (c) section 206ZE(1):

    • (d) section 209B(1):

    • (e) section 210D(1)(a).

    (2) Section 226 is amended by inserting after the following subsection after subsection (1):

    • (1A) A prosecution under section 210D(1)(b) must be commenced—

      • (a) within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but

      • (b) not later than 3 years after the offence was committed.

26 New section 266A inserted
  • The following section is inserted after section 266:

    266A Expenditure limits to be adjusted each year by Order in Council
    • (1) The Governor-General must, by Order in Council made on the recommendation of the Minister, in the manner provided in subsections (2) to (5)(6), adjust the amounts specified in the following provisions:

      • (a) section 204B(1)(d) (which relates to the maximum amount of advertising expenses that may be incurred by an unregistered promoter):

      • (b) section 205B (which relates to the maximum amount of a candidate's election expenses):

      • (c) section 206B (which relates to the maximum amount of a party's election expenses):

      • (d) section 206V (which relates to the maximum amount of a registered promoter's election expenses).

      (2) The first Order in Council must—

      • (a) come into force on 1 July 2011; and

      • (b) adjust the amounts referred to in subsection (1)(b) and (c) section 206B(1)(a) to reflect the movement between the CPI for the quarter ending 31 December 30 September 2010 and the CPI for the quarter ending 31 March 2011.

      (3) Every subsequent Order in Council must—

      • (a) come into force on every following 1 July; and

      • (b) adjust all of the amounts referred to in subsection (1) to reflect the movement between the CPI for the quarter ending 31 March of the previous year and the CPI for the quarter ending 31 March of the current year.

      (4) If after adjustment in accordance with subsection (3)(b) any of the amounts specified in the following sections is not a whole number of hundred dollars, the adjusted amount must be rounded up to the next whole hundred dollars:

      • (a) section 204B(1)(d):

      • (b) section 205B(1)(a) and (b):

      • (c) section 206B(1)(b) and (2).

      (5) If after adjustment in accordance with subsection (2)(b) or (3)(b) the amount specified in section 206B(1)(a) or 206V is not a whole number of thousand dollars, the adjusted amount must be rounded up to the next whole thousand dollars.

      (6) If an adjusted amount has been rounded up in accordance with subsection (4) or (5), the adjustment to that amount made the following year must be based on the adjusted amount as it was before it was rounded up.

      (7) In this section CPI means the Consumers Price Index All Groups published by Statistics New Zealand.

      Compare: 2007 No 111 s 134.

Part 2
Transitional provision and consequential amendments to other enactments

27 Transitional provision
  • (1) Sections 207BA and 207BB of the principal Act (as inserted by section 14 of this Act) do not apply to any donations received before 1 January 2011.

    (2) Sections 207CA and 207CB of the principal Act (as inserted by section 16 of this Act) do not apply to any donation funded by contributions that is received before 1 January 2011.

27 Provision relating to donations and contributions received before 1 January 2011
  • For the avoidance of doubt,—

    • (a) any provision in this Act that amends the principal Act in respect of the amount of a donation or contribution does not apply to any donation or contribution received before 1 January 2011; and

    • (b) section 210(6A) of the principal Act (as inserted by section 21(5) of this Act) does not apply to any donation received before 1 January 2011.

27A Transitional elections
  • (1) In this section, a transitional election is—

    • (a) a general election in respect of which—

      • (i) polling day is a date after the commencement day but before 31 March 2011; and

      • (ii) the regulated period would, had this Act been in force, have commenced before the commencement day:

    • (b) a by-election in respect of which the regulated period would, had this Act been in force, have commenced before the commencement day.

    (2) In the case of a transitional election, the provisions of the Electoral Act 1993 apply as if this Act had not been enacted.

    (3) In this section, commencement day means the day on which this Act comes into force.

Amendments to Citizens Initiated Referenda Act 1993

28 Amendments to Citizens Initiated Referenda Act 1993
  • Sections 29 and 30 amend the Citizens Initiated Referenda Act 1993.

29 Application of Electoral Act 1993 to indicative referendum not conducted by postal voting
  • Section 24(5) is amended by omitting 203, 204, 205 to 210F, 221, 221A and substituting 203 to 210F.

30 Application of Electoral Act 1993 to indicative referendum conducted by postal voting
  • Section 24A(3) is amended by—

    • (a) omitting 203, 204, 205 to 205S and substituting 203 to 205S; and

    • (b) omitting 221, 221A,.

Amendment to Privacy Act 1993

31 Amendment to Privacy Act 1993
  • (1) This section amends the Privacy Act 1993.

    (2) The item relating to the Electoral Act 1993 in Part 1 of Schedule 2 is amended by inserting 204S, after 109, omitting 211, and 212 and substituting 204W, 205R, 206Q, 206ZH, 209E, and 210F.

Amendment to Summary Proceedings Act 1957

31A Amendment to Summary Proceedings Act 1957
  • (1) This section amends the Summary Proceedings Act 1957.

    (2) The item relating to the Electoral Act 1993 in Part 2 of Schedule 1 is amended by inserting the following items above the item relating to section 215:

    204G Election advertisement to include promoter statement
    204H Publication of candidate advertisement promoting candidate
    204I Publication of party advertisement promoting party

    (3) The item relating to the Electoral Act 1993 in Part 2 of Schedule 1 is amended by omitting the item relating to section 221.

Amendments to Electoral Regulations 1996

32 Amendments to Electoral Regulations 1996
  • (1) This section amends the Electoral Regulations 1996.

    (2) Regulation 21(5)(a)(i) is amended by omitting form 16 or.

    (3) Regulation 24(2)(b) is amended by omitting regulations 26 and substituting regulations 25.

    (4) Regulation 24(3) is revoked.

    (5) Regulation 24(4) is amended by omitting and who has made a declaration in accordance with regulation 25.

    (6) Regulation 24(9)(b) is amended by omitting , together with the declarations by special voters to whom this regulation applies.

    (7) Regulation 25(1A) is amended by omitting in form 16 or.

    (8) Schedule 1 is amended by revoking form 16.

Amendment to Electoral (Advertisements of a Specified Kind) Regulations 2005

33 Amendment to Electoral (Advertisements of a Specified Kind) Regulations 2005
  • (1) This section amends the Electoral (Advertisements of a Specified Kind) Regulations 2005.

    (2) Regulation 8(3) is amended by revoking paragraph (b) and substituting the following paragraph:

    • (b) the promoter statement required by section 204G of the Electoral Act 1993 to be included in the advertisement:.


Legislative history

29 April 2010Introduction (Bill 146–1)
6 May 2010First reading and referral to Electoral Legislation Committee

  • 1  Justice and Electoral Committee, Inquiry into the 2008 general election, 2009, I.7A, p. 10.

  • 2  Privileges Committee, Question of privilege relating to the exercise of the privileges of freedom of speech by members in the context of court orders, I.17A, 2009, pp. 25–26.

  • 3  [2007] NZAR 610.

  • 4  Report of the Royal Commission on the Electoral System, 1985-1986, AJHR, H.3, p. 197.