Electoral Act 1993

Subpart 3—General provisions relating to donations

Subpart 3: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

207 Interpretation

(1)

In this subpart, unless the context otherwise requires, donation means—

(a)

a candidate donation; or

(b)

a party donation.

(2)

In this subpart and subparts 4 to 6 of this Part, unless the context otherwise requires,—

anonymous,—

(a)

in relation to a candidate donation, means a donation that is made in such a way that the candidate who receives the donation—

(i)

does not know the identity of the donor; and

(ii)

could not, in the circumstances, reasonably be expected to know the identity of the donor:

(b)

in relation to a party donation, means a donation that is made in such a way that the party secretary who receives the donation—

(i)

does not know the identity of the donor; and

(ii)

could not, in the circumstances, reasonably be expected to know the identity of the donor

candidate donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to a candidate, or to any person on the candidate’s behalf, for use in the candidate’s campaign for election and—

(a)

includes,—

(i)

where goods or services are provided by a New Zealand person to a candidate, or to any person on the candidate’s behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and

(ia)

where goods or services are provided by an overseas person to a candidate, or to any person on the candidate’s behalf, under a contract or an arrangement at a value less than their reasonable market value, the latter being a value that exceeds $50, the amount of the difference between the former value and the reasonable market value of those goods and services; and

(ii)

where goods or services are provided by a candidate under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and

(iii)

where credit is provided to a candidate on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the candidate of those more favourable terms and conditions; but

(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 by a New Zealand person 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; and

(iii)

goods or services provided by an overseas person free of charge to a candidate, or to any person on the candidate’s behalf, that have a reasonable market value of $50 or less

contribution means any thing (being money or the equivalent of money or goods or services or a combination of those things) that makes up a donation or is included in a donation or has been used to wholly or partly fund a donation, and that—

(a)

was given—

(i)

to the donor; or

(ii)

to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through one or more intermediaries, trustees, or nominees); and

(b)

would have been a donation if it had been given directly to the candidate or party; and

(c)

was given in the knowledge or expectation (whether by reference to a trust, agreement, or understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation

contributor means a person who makes a contribution and who immediately before making the contribution—

(a)

beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or

(b)

provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds

donation funded from contributions means a donation that is made up of, includes, or is wholly or partly funded from 1 or more contributions

donor means a person who makes a donation

New Zealand person means a person who is not an overseas person

overseas person means—

(a)

an individual who—

(i)

resides outside New Zealand; and

(ii)

is not a New Zealand citizen or registered as an elector; or

(b)

a body corporate incorporated outside New Zealand; or

(c)

an unincorporated body that has its head office or principal place of business outside New Zealand

party donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to a party, or to any person or body of persons on behalf of the party who are involved in the administration of the affairs of the party, and—

(a)

includes,—

(i)

where goods or services are provided by a New Zealand person to a party, or to any person on the party’s behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value that exceeds $1,500, the amount of the difference between the former value and the reasonable market value of those goods or services; and

(ia)

where goods or services are provided by an overseas person to a party, or to any person on the party’s behalf, under a contract or an arrangement at a value less than their reasonable market value, the latter being a value that exceeds $50, the amount of the difference between the former value and the reasonable market value of those goods or services; and

(ii)

where goods or services are provided by a party under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and

(iii)

where credit is provided to a party on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the party of those more favourable terms and conditions; but

(b)

excludes—

(i)

the labour of any person that is provided to a party free of charge by that person; and

(ii)

goods or services provided by a New Zealand person 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

(iia)

goods or services provided by an overseas person free of charge to a party, or to any person on the party’s behalf, that have a reasonable market value of $50 or less; and

(iii)

any candidate donation that is included in a return made by a candidate under section 209

receive, in relation to a donation, means to get a donation that has been given or sent by—

(a)

the donor directly; or

(b)

the donor indirectly, via a transmitter

transmitter means a person to whom a donor gives or sends a donation for transmittal to a candidate or party.

(3)

For the purposes of sections 207B, 207C, 207E, 207G, 207I, and 210C,—

(a)

donation does not include a donation protected from disclosure (as defined in section 208); and

(b)

party donation does not include a donation protected from disclosure (as defined in section 208).

Compare: 2007 No 111 s 21

Section 207: substituted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207(2) candidate donation paragraph (a)(i): amended, on 1 January 2020, by section 5(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) candidate donation paragraph (a)(i): amended, on 1 January 2011, by section 16(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207(2) candidate donation paragraph (a)(ia): inserted, on 1 January 2020, by section 5(2) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) candidate donation paragraph (b): substituted, on 1 January 2011, by section 16(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207(2) candidate donation paragraph (b)(ii): amended, on 1 January 2020, by section 5(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) candidate donation paragraph (b)(iii): inserted, on 1 January 2020, by section 5(4) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) New Zealand person: inserted, on 1 January 2020, by section 5(5) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) overseas person: inserted, on 1 January 2020, by section 5(5) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) party donation paragraph (a)(i): amended, on 1 January 2020, by section 5(6) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) party donation paragraph (a)(i): amended, on 1 January 2011, by section 16(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207(2) party donation paragraph (a)(ia): inserted, on 1 January 2020, by section 5(7) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) party donation paragraph (b)(ii): substituted, on 1 January 2011, by section 16(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207(2) party donation paragraph (b)(ii): amended, on 1 January 2020, by section 5(8) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) party donation paragraph (b)(iia): inserted, on 1 January 2020, by section 5(9) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2) party donation paragraph (b)(iii): added, on 1 January 2011, by section 16(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).