Electoral Finance Act 2007

Before its repeal, this Act was administered by: Ministry of Justice
  • repealed
4 Interpretation

  • (1) In this Act, unless the context otherwise requires,—

    address means,—

    • (a) in relation to an individual, the full address of the place where that person usually lives:

    • (b) in relation to a body corporate or unincorporated, the full address of its principal place of business or head office

    candidate means a constituency candidate, and a person who becomes a candidate is deemed to be a candidate on and from the beginning of the regulated period

    candidate advertisement means any form of words or graphics, or both, that can reasonably be regarded as encouraging or persuading voters to do either or both of the following:

    • (a) to vote for a candidate in the candidate's capacity as a candidate for an electoral district (whether or not the name of the candidate is stated):

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

    corrupt practice means any act declared by this Act to be a corrupt practice

    election advertisement has the meaning given to it by section 5

    financial agent,—

    illegal practice means any act declared by this Act to be an illegal practice

    party—

    • (a) means a political party registered under Part 4 of the Electoral Act 1993; and

    • (b) includes a political party that at any time during the regulated period has been registered under Part 4 of the Electoral Act 1993

    party advertisement means any form of words or graphics, or both, that can reasonably be regarded as encouraging or persuading voters to do either or both of the following:

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

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

    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

    promoter—

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

    public inspection period means, in relation to a return filed under sections 45, 51, 54, 58, 86, 106, or 127, the period—

    • (a) beginning 3 working days after the date of receipt by the Chief Electoral Officer or the Electoral Commission, as the case may be, of the duly completed return; and

    • (b) ending with the close of polling day for the second general election that takes place after the date of receipt by the Chief Electoral Officer or the Electoral Commission, as the case may be, of the duly completed return

    publish, in relation to an advertisement, means to—

    • (a) print or insert in a periodical published or distributed in New Zealand; or

    • (b) issue, hand out, or display, to the public; or

    • (c) send to any member of the public by any means; or

    • (d) deliver to any member of the public, or leave at a place owned or occupied by a member of the public; or

    • (e) broadcast (for example, in the form of a radio or television broadcast); or

    • (f) include in a film or video displayed to the public; or

    • (g) disseminate to the public by means of the Internet or any other electronic medium; or

    • (h) store electronically in a way that is accessible to the public

    registered elector means a person registered as an elector of an electoral district

    regulated period means,—

    • (a) where a general election is held in the year in which Parliament is due to expire, whichever is the longer of the following periods:

      • (i) the period that commences on 1 January of that year and ends with the close of polling day; or

      • (ii) the period that commences 3 months before polling day and ends with the close of polling day:

    • (b) subject to subsection (2), where a general election is held in any other year on the dissolution of Parliament, the period that commences 3 months before polling day and ends with the close of polling day

    statutory declaration means a declaration made before a person authorised under the Oaths and Declarations Act 1957 to take declarations

    third party—

    • (a) means a promoter for the time being listed as a third party under section 18; and

    • (b) includes a promoter who at any time during the regulated period has been listed as a third party under section 18.

    (2) Where a general election is held in a year other than a year in which Parliament is due to expire, regulated period, in sections 19, 58, and 63 (which affect third parties), and subpart 9 of Part 2 (which relates to third parties' election expenses), means the period that—

    • (a) commences,—

      • (i) if the Prime Minister tables a statement in the House of Representatives stating that a general election is to be held in that year, on the later of the following days:

        • (A) the day after the date on which the statement is tabled:

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

      • (ii) in any other case, on the day after the day on which Parliament is dissolved; and

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

    (3) Unless the context otherwise requires, terms and expressions used and not defined in this Act, but defined in the Electoral Act 1993, have the same meaning as in that Act.