Electoral Act 1993

Subpart 6—Disclosure of parties’ donations

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

210 Annual return of party donations

(1)

A party secretary must file with the Electoral Commission, for each year, a return of party donations setting out—

(a)

the details specified in subsection (2) for every party donation (other than a donation of the kind referred to in paragraphs (c) to (e)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor during the year, exceeds $15,000 in sum or value; and

(b)

whether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contribution received from a New Zealand person that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, or to other donations during the year, exceeds $15,000 in sum or value; and

(c)

the details specified in subsection (4) in respect of every anonymous party donation received by him or her—

(i)

exceeding $50, in any case where the party secretary believes or has reasonable grounds to suspect the donor is an overseas person; or

(ii)

exceeding $1,500, in any other case; and

(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 $50; 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, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $50; and

(e)

the details specified in subsection (6) in respect of every payment of donations received from the Electoral Commission under section 208D; and

(f)

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

(2)

The details referred to in subsection (1)(a) are—

(a)

the name of the donor; and

(b)

the address of the donor; 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 that each donation was received.

(3)

The details referred to in subsection (1)(b) are—

(a)

the name of the contributor; and

(b)

the address of the contributor; and

(c)

the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

(d)

the date on which the donation, or each related donation, funded from contributions was made.

(4)

The details referred to in subsection (1)(c) are—

(a)

the date the donation was received; and

(b)

the amount of the donation; and

(c)

the amount paid to the Electoral Commission under section 207I(2), and the date that payment was made.

(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 or, in the case of aggregated contributions, the total amount of the aggregated contributions; 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.

(6)

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

(a)

the date the payment was received; and

(b)

the amount of the payment; and

(c)

the amount of interest included in the payment.

(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)
[Repealed]

(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.

(7)

A return must—

(a)

be filed by 30 April of the following year; and

(b)

be in the form required by the Electoral Commission; and

(c)

be accompanied by an auditor’s report obtained under section 210A.

(8)

Despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party donations that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 December of that year.

(9)

In this section, year means the period of 12 months starting on 1 January and ending with the close of 31 December.

Compare: 2007 No 111 s 51

Section 210: substituted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 210(1): amended, on 25 March 2014, by section 38(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(1)(a): amended, on 1 January 2011, by section 27(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(1)(b): replaced, on 25 March 2014, by section 38(2) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(1)(b): amended, on 1 January 2020, by section 14(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(1)(c): replaced, on 1 January 2020, by section 14(2) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(1)(d): substituted, on 1 January 2011, by section 27(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(1)(d): amended, on 1 January 2020, by section 14(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(1)(da): inserted, on 1 January 2011, by section 27(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(1)(da): amended, on 1 January 2020, by section 14(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(1)(da): amended, on 25 March 2014, by section 38(3) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(1)(e): amended, on 1 January 2011, by section 27(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(1)(f): added, on 1 January 2011, by section 27(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(2)(c): substituted, on 1 January 2011, by section 27(5) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(2)(d): substituted, on 1 January 2011, by section 27(5) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(3): replaced, on 25 March 2014, by section 38(4) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(5): substituted, on 1 January 2011, by section 27(6) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(5A): inserted, on 1 January 2011, by section 27(6) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(5A)(c): amended, on 25 March 2014, by section 38(5) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(6A): inserted, on 1 January 2011, by section 27(7) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(6A)(b): repealed, on 1 January 2020, by section 14(4) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(7): replaced, on 25 March 2014, by section 38(6) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(9): inserted, on 25 March 2014, by section 38(7) of the Electoral Amendment Act 2014 (2014 No 8).