“allotment has the meaning given by section 218(2) of the Resource Management Act 1991

“candidate—

• “(a) means a person who has been nominated as a candidate in any election; and

• “(b) includes, in Parts 5 and 5A, a person who has declared his or her intention of becoming a candidate”.

• “(b) subsequently, at least once in every period of 6 years after the year in which the first determination was made.”

• “(2A) To avoid doubt, subsection (2) is subject to sections 19K(1AA) and 19M(1).”

• “(b) subsequently, at least once in every period of 6 years after the year in which the first determination was made.”

• “(2A) To avoid doubt, subsection (2) is subject to sections 19K(1AA) and 19M(1).”

“19JA Minor alterations to boundaries by territorial authority

• “(1) A territorial authority may, in accordance with this section, determine by resolution new proposed boundaries of wards, communities, or subdivisions of communities of the district of the territorial authority.

  “(2) The territorial authority must be satisfied that,—

  • “(a) since the existing boundaries of the wards, communities, or subdivisions of communities took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and

  • “(b) the proposed boundaries of the wards, communities, or subdivisions constitute only minor alterations to the existing boundaries; and

  • “(c) the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and

  • “(d) so far as is practicable, the proposed boundaries of the wards, communities, or subdivisions coincide with the boundaries of allotments; and

  • “(e) so far as is practicable, ward boundaries coincide with community boundaries (if applicable).

  “(3) Every meeting at which the territorial authority deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987.

  “(4) The territorial authority must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the district or community, and the proposed wards, communities, or subdivisions, that is held by the territorial authority and is necessary for the purposes of subsection (6).

  “(5) However, the territorial authority must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.

  “(6) On receiving the reference, the Commission must—

  • “(a) consider the resolution and information forwarded to it; and

  • “(b) determine whether to uphold the proposed boundaries of the wards, communities, or subdivisions.

  “(7) For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.

  “(8) The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).

  “(9) The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.

  “(10) Section 19S applies to the Commission's determination as if it were made under section 19R(1)(b), and section 19Y(3) to (6) apply with any necessary modifications.

  “(11) A territorial authority must not use this section if the territorial authority—

  • “(a) is required to make a resolution under section 19H before the next triennial general election; or

  • “(b) has, since the last triennial general election, made a resolution under section 19H; or

  • “(c) has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b).

“19JB Minor alterations to boundaries by regional council

• “(1) A regional council may, in accordance with this section, determine by resolution new proposed boundaries of constituencies of the region of the regional council.

  “(2) The regional council must be satisfied that,—

  • “(a) since the existing boundaries of the constituencies took effect as the basis for election at the last triennial general election, there have been changes at or near those boundaries to the boundaries of 1 or more allotments; and

  • “(b) the proposed boundaries of the constituencies constitute only minor alterations to the existing boundaries; and

  • “(c) the minor alterations will maintain the effective representation of communities of interest affected by the changes to the boundaries of the allotments; and

  • “(d) so far as is practicable, the proposed boundaries of the constituencies coincide with the boundaries of allotments; and

  • “(e) so far as is practicable, constituency boundaries coincide with the boundaries of 1 or more territorial authority districts or the boundaries of wards.

  “(3) Every meeting at which the regional council deliberates on the proposals contained in the resolution must be open to the public, except as provided by Part 7 of the Local Government Official Information and Meetings Act 1987.

  “(4) The regional council must refer the resolution to the Commission, together with the information concerning the communities of interest and population of the region, and the proposed constituencies, that is held by the regional council and is necessary for the purposes of subsection (6).

  “(5) However, the regional council must not refer the resolution and information to the Commission after 15 January in the year of a triennial general election.

  “(6) On receiving the reference, the Commission must—

  • “(a) consider the resolution and information forwarded to it; and

  • “(b) determine whether to uphold the proposed boundaries of the constituencies.

  “(7) For the purposes of making its determination, the Commission may make any inquiries that it considers appropriate.

  “(8) The Commission may determine to uphold the proposed boundaries only if it is satisfied of the matters specified in subsection (2).

  “(9) The Commission must make its determination under subsection (6)(b) before 11 April in the year of the next triennial general election.

  “(10) Section 19S applies to the Commission's determination as if it were made under section 19R(1)(b), and section 19Y(3) to (6) apply with any necessary modifications.

  “(11) A regional council must not use this section if the regional council—

  • “(a) is required to make a resolution under section 19I before the next triennial general election; or

  • “(b) has, since the last triennial general election, made a resolution under section 19I; or

  • “(c) has, since the last triennial general election, already made a resolution under this section that was upheld by the Commission under subsection (6)(b).”

• “(1AA) A resolution under section 19H, 19I, or 19J that affects the next triennial general election of members of a territorial authority, regional council, or community board must be passed no earlier than 1 March of the year before the year of the election.”

• “(iv) the Remuneration Authority; and”.

• “(ba) specify the communities of interest considered by the territorial authority (as required by sections 19T and 19V) or regional council (as required by sections 19U and 19V); and

• “(bb) specify the ratio of population to proposed members for each proposed ward, constituency, or subdivision, and the reasons for those proposals in terms of section 19V(2) and, if applicable, section 19V(3); and”.

• “(iv) the Remuneration Authority; and”.

• “(a) if the territorial authority or the Commission considers that 1 or more of the following apply, wards and subdivisions of a community may be defined and membership distributed between them in a way that does not comply with subsection (2):

  • “(i) non-compliance with subsection (2) is required for effective representation of communities of interest within island communities or isolated communities situated within the district of the territorial authority; or

  • “(ii) compliance with subsection (2) would limit effective representation of communities of interest by dividing a community of interest between wards or subdivisions; or

  • “(iii) compliance with subsection (2) would limit effective representation of communities of interest by uniting within a ward or subdivision 2 or more communities of interest with few commonalities of interest:”.

• “(e) the electoral officer receives the deposit prescribed for the applicable class of elections; and

• “(f) the electoral officer receives the following together:

  • “(i) the nomination paper required by subsection (1):

  • “(ii) the consent and certification required by paragraph (a):

  • “(iii) the deposit required by paragraph (e).”

• “(3) The consent and certification required by subsection (2)(a) may be given in a manner other than in writing that is approved by the electoral officer, if the person nominated is outside New Zealand.”

• “(i) withdraws his or her nomination before the close of nominations; or

• “(ia) has his or her nomination cancelled because of incapacitation (certified by a medical practitioner) after the close of nominations but before the close of voting; or”.

• “(b) the candidate (other than a candidate who dies before the close of voting) complies with section 112A (which requires candidates to file a return of electoral donations and expenses).”

• “(b) must be provided to the electoral officer, together with the nomination paper and other things referred to in section 55(2)(f); and”.

• “(ca) must state whether or not the candidate's principal place of residence, being the address in respect of which the candidate is registered as a parliamentary elector, is in the local government area for which the candidate seeks election (for example, either ‘My principal place of residence is in the Lambton Ward’ or ‘My principal place of residence is not in the Lambton Ward’); and

• “(cb) if the candidate is seeking election to any other positions in elections to which this Act applies (under section 7), must specify each position and state that the candidate is seeking to be elected to the positions; and”.

• “(2A) The information required by subsection (2)(ca) and (cb) does not count for the purposes of the word limit under subsection (2)(a).”

“Death, incapacity, or invalid or cancelled nominations of candidates”.

“69 Application for cancellation of nomination if candidate incapacitated after close of nominations

• “(1) An application may be made for the cancellation of the nomination of a candidate if the candidate becomes incapacitated after the close of nominations but before the close of voting.

  “(2) The application must be made to the electoral officer by—

  • “(a) the 2 electors who nominated the candidate; or

  • “(b) if 1 or both electors are unavailable or unable to act for any reason, a person with authority to act on the candidate's behalf.

  “(3) The application must be made on a form provided by the electoral officer, and must be witnessed by a Justice of the Peace or a solicitor.

  “(4) The application must be accompanied by a certificate signed by a medical practitioner that certifies—

  • “(a) as to the candidate's condition; and

  • “(b) that, in the practitioner's opinion, the candidate is incapacitated.

  “(5) The application must be submitted to the electoral officer—

  • “(a) as soon as practicable after the candidate becomes incapacitated; and

  • “(b) before the close of voting.

  “(6) The application may be submitted by hand, post, fax, or electronic transmission.

  “(7) In this section,—

  “incapacitated means that a candidate, because he or she is suffering from a serious illness or has sustained a serious injury, would be unlikely to be capable of performing the functions and duties of office if elected to the office

  “medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

“69A How application for cancellation of nomination dealt with

• “(1) On receiving an application under section 69, the electoral officer must promptly determine whether the candidate became incapacitated (as defined by section 69(7)) after the close of nominations but before the close of voting.

  “(2) For the purposes of making the determination, the electoral officer may make any inquiries, and seek any assistance (including expert medical assistance), that the electoral officer considers necessary.

  “(3) If, before the close of voting, the electoral officer determines that the candidate became incapacitated as described in subsection (1), the electoral officer must cancel the candidate's nomination.

  “(4) If the electoral officer has not made a determination before the close of voting, the application is to be treated as having been declined.

  “(5) As soon as practicable after making a determination, the electoral officer must inform the applicant of the determination.”

• “(a) the electoral officer has cancelled under section 69A a candidate's nomination in any election; or”.

“73A Adjournment of electoral processes

• “(1) The Governor-General may, by Order in Council made in accordance with this section, specify a later date for 1 or more of the following in respect of a triennial general election of members of 1 or more local authorities and community boards:

  • “(a) the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:

  • “(b) the nomination day:

  • “(c) the polling day:

  • “(d) the date by which anything else may or must be done under this Act or regulations made under this Act.

  “(2) The Order in Council must be made in the year in which the triennial general election is to be held.

  “(3) A date specified by the Order in Council must be no more than 6 weeks after the date that would otherwise have applied.

  “(4) A date may be specified by the Order in Council only if the order commences on or before the date that would otherwise have applied.

  “(5) The Order in Council must be made on the recommendation of the Minister.

  “(6) Before recommending the making of the Order in Council, the Minister—

  • “(a) must be satisfied, on reasonable grounds, that the order is necessary to ensure that the adverse effects of an emergency (whether local or national) or of anything referred to in section 73(1)(a) to (d) do not deny electors a reasonable opportunity to cast a valid vote, nominate a candidate, or accept nomination as a candidate in relation to the election; and

  • “(b) must have consulted every local authority and electoral officer that will be affected.

  “(7) Upon the commencement of an Order in Council made under this section,—

  • “(a) a date specified in the order has effect in relation to the triennial general election of members of the 1 or more local authorities and community boards to which the order applies; and

  • “(b) this Act and any regulations made under this Act apply to the election with any necessary modifications.

  “(8) The electoral officer must, as soon as practicable, give public notice of every change of date made by the Order in Council, and may give any other notice that the electoral officer considers desirable.”

• “(g) a warning describing the offences that a person may commit under sections 122(1)(a), 123(1)(c), and 124(b).”

• “(e) a warning describing the offences that a person may commit under sections 122(1)(a), 123(1)(c), and 124(b).”

• “(1) The electoral officer may, at his or her discretion, process during the voting period and in the prescribed manner any voting documents received before the close of voting for any election or poll.”

“Part 5
“Electoral donations and expenses”.

“Subpart 1—Electoral donations

“103A Interpretation

• In this subpart and subpart 3, unless the context otherwise requires,—

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

  • “(a) does not know the identity of the donor; and

  • “(b) could not, in the circumstances, reasonably be expected to know the identity of the donor

  “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 1 or more intermediaries, trustees, or nominees); and

  • “(b) would have been a donation if it had been given directly to the candidate; and

  • “(c) was given in the knowledge or expectation (whether by reference to a trust, an agreement, or an 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 an electoral donation

  “electoral donation or 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 to a candidate, or to any person on the candidate's behalf, under a contract or an arrangement at a value that is 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

    • “(ii) where goods or services are provided by a candidate under a contract or an 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

  • “(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

  “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.

  “Compare: 1993 No 87 s 207

“103B Donations and contributions include GST

• All references to the amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or services donated or contributed.

  “Compare: 1993 No 87 s 207A

“103C Donations to be transmitted to candidate

• Every person, other than a candidate, to whom an electoral donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate.

  “Compare: 1993 No 87 s 207B(1)

“103D Contributors to be identified

• “(1) This section applies to a donation (other than an anonymous donation) that is made up of, includes, or is wholly or partly funded from 1 or more contributions.

  “(2) If this section applies to a donation, the donor must, at the time of making the donation, disclose—

  • “(a) the fact that the donation is funded from contributions; and

  • “(b) the following information about any contribution that, either on its own or when aggregated with other contributions made by the same contributor to the donation, exceeds $1,500 in sum or value:

    • “(i) the name of the contributor; and

    • “(ii) the address of the contributor; and

    • “(iii) the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

  • “(c) the total of all of the amounts disclosed under paragraph (b)(iii) in relation to the donation; and

  • “(d) the total of all of the other contributions made in relation to the donation.

  “(3) A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.

  “(4) For the purpose of section 112A, any amount given back by a candidate under subsection (3) is taken not to have been received by the candidate.

  “Compare: 1993 No 87 s 207C

“103E Offence relating to contravention of section 103D

• A donor who fails to comply with section 103D with the intention of concealing the identity of any or all of the contributors commits an offence and is liable on conviction to a fine not exceeding $5,000.

  “Compare: 1993 No 87 s 207D

“103F Identity of donor to be disclosed by transmitter, if known

• “(1) When a transmitter transmits a donation to a candidate on behalf of the donor, the transmitter must disclose to the candidate—

  • “(a) the fact that the donation is transmitted on behalf of the donor; and

  • “(b) the name and address of the donor; and

  • “(c) whether section 103D applies to the donation and, if so, all information disclosed by the donor under subsection (2) of that section.

  “(2) Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1), then the donation must be treated as an anonymous donation.

  “Compare: 1993 No 87 s 207E

“103G Offence relating to contravention of section 103F

• A transmitter who fails to comply with section 103F(1) with the intention of concealing the identity of the donor or any or all of the contributors commits an offence and is liable on conviction to a fine not exceeding $5,000.

  “Compare: 1993 No 87 s 207F

“103H Disclosure of identity of donor

• If any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous donation exceeding $1,500, the person must disclose the identity of the donor to the candidate.

  “Compare: 1993 No 87 s 207G(1)

“103I Offence relating to contravention of section 103H

• A person who fails to comply with section 103H with the intention of concealing the identity of the donor commits an offence and is liable on conviction to a fine not exceeding $5,000.

  “Compare: 1993 No 87 s 207H

“103J Anonymous donation may not exceed $1,500

• “(1) If an anonymous donation exceeding $1,500 is received by a candidate in relation to an election campaign, the candidate must, within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.

  “(2) If an anonymous donation exceeding $1,500 is received by a candidate who is seeking election to more than 1 office, the candidate must—

  • “(a) designate 1 election campaign for election to 1 office for which the donation will be used; and

  • “(b) within 20 working days of receiving the donation, pay to the electoral officer responsible for the conduct of the election to which that campaign relates the amount of the donation, or its value, less $1,500.

  “(3) An electoral officer who receives an amount under subsection (1) or (2) must, within 20 working days of receiving that amount,—

  • “(a) issue a receipt to the candidate; and

  • “(b) pay the amount into the general fund of the local authority that appointed the electoral officer.

  “Compare: 1993 No 87 s 207I(1)

“103K Offence relating to contravention of section 103J

• “(1) A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 103J(1) or (2) commits an offence and is liable on conviction to a fine not exceeding $5,000.

  “(2) A candidate who contravenes section 103J(1) or (2) commits an offence and is liable on conviction to a fine not exceeding $5,000.

  “Compare: 1993 No 87 s 207J

“103L Records of electoral donations

• “(1) A candidate must keep proper records of all donations received by him or her.

  “(2) A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000.

  “Compare: 1993 No 87 s 207M”.

“Subpart 2—Electoral expenses”.

• “(h) does not include the cost of any framework (other than a commercial framework) that supports a hoarding on which an advertisement is displayed”.

• “(3) A person who makes a payment in breach of this section commits an offence and is liable on conviction to a fine not exceeding $5,000.”

“112AA Offence to pay electoral expenses in excess of relevant prescribed maximum

• “(1) This section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any electoral expenses any sum in excess of the relevant maximum amount prescribed by section 111.

  “(2) The candidate or person commits an offence and is liable on conviction—

  • “(a) to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she knew the payment was in excess of the relevant prescribed maximum amount; or

  • “(b) to a fine not exceeding $5,000 in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the electoral expenses did not exceed the relevant prescribed maximum amount.”

“Subpart 3—Return of electoral donations and expenses

“112A Return of electoral donations and expenses

• “(1) Within 55 days after the day on which the successful candidates at any election are declared to be elected, every candidate at the election must file a return of electoral donations and expenses.

  “(2) However, in any case where a candidate is outside New Zealand on the day on which the successful candidates are declared to be elected (election result day), the return must be filed within 76 days after election result day.

  “(3) The return of electoral donations and expenses must set out—

  • “(a) the details specified in subsection (4) in respect of every electoral donation (other than a donation of the kind referred to in paragraph (c)) received by the candidate that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and

  • “(b) whether any donation is funded from contributions, and if so, and to the extent known or ascertainable from the information supplied under section 103D, the details specified in subsection (5) in respect of every contribution that, either on its own or when aggregated with other contributions by the same contributor to the donation, exceeds $1,500 in sum or value; and

  • “(c) the details specified in subsection (6) in respect of every anonymous electoral donation received by the candidate that exceeds $1,500; and

  • “(d) details of the candidate's electoral expenses.

  “(4) The details referred to in subsection (3)(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.

  “(5) The details referred to in subsection (3)(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.

  “(6) The details referred to in subsection (3)(c) are—

  • “(a) the date the donation was received; and

  • “(b) the amount of the donation; and

  • “(c) the amount paid to the electoral officer under section 103J(1) or (2) and the date that payment was made.

  “(7) Every return filed under this section must be in the form prescribed in Schedule 2.

  “(8) It is the duty of every electoral officer to ensure that this section is complied with.

  “(9) In this section, file in relation to a return, means to send the return to the electoral officer responsible for the conduct of the election.

  “Compare: 1993 No 87 s 209

“112B Nil return

• If a candidate considers that there is no relevant information to disclose under section 112A, the candidate must file a nil return under that section.

  “Compare: 1993 No 87 s 209A

“112C Failure to file return of electoral donations and expenses

• A candidate who fails, without reasonable excuse, to comply with section 112A commits an offence and is liable on conviction to—

  • “(a) a fine not exceeding $1,000; and

  • “(b) if he or she has been elected to office, a further fine not exceeding $400 for every day that he or she continues to hold office until the return is filed.

“112D Filing a false return of electoral donations and expenses

• A candidate who files a return under section 112A that is false in any material particular commits an offence and is liable on conviction—

  • “(a) to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she filed the return knowing it to be false in any material particular; or

  • “(b) to a fine not exceeding $5,000 in any other case, unless the candidate 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 the information in the return was accurate.

“112E Obligation to retain records necessary to verify return

• “(1) A candidate must take all reasonable steps to retain all records, documents, and accounts that are necessary to enable a return under section 112A to be verified.

  “(2) The records, documents, and accounts must be retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or to any matter to which the return relates.

  “(3) A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000.

  “Compare: 1993 No 87 s 209C

“112F Return of electoral donations and expenses to be open for public inspection

• “(1) The electoral officer must keep every return filed under section 112A in the electoral officer's office, or at some other convenient place to be appointed by the chief executive of the local authority, for a period of 7 years after the date of the election to which it relates (the public inspection period).

  “(2) During the public inspection period the electoral officer must—

  • “(a) publish, electronically or in any other manner the electoral officer considers appropriate, every return filed under section 112A; and

  • “(b) make available for public inspection a copy of every return filed under section 112A; and

  • “(c) provide to any person upon request a copy of 1 or more returns filed under section 112A, subject to the payment of any charges that may be made under the Local Government Official Information and Meetings Act 1987.”

“Part 5A
“Electoral advertising”.

• “(6) A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.”

• “(1) Candidates at a triennial general election who are declared to be elected come into office on the day after the day on which the official result of the election is declared by public notice under section 86.”

“138 Duty to take action in respect of offences

• “(1) Subsection (2) applies if an electoral officer—

  • “(a) receives a written complaint that an offence has been committed under—

    • “(i) Part 5; or

    • “(ii) this Part; or

  • “(b) believes for any other reason that an offence has been committed under either of the Parts specified in paragraph (a).

  “(2) If this subsection applies, the electoral officer must—

  • “(a) report the complaint or belief to the Police; and

  • “(b) provide the Police with the details of any inquiries that he or she considers may be relevant.

  “(3) Subsection (2) does not prevent any person from reporting an alleged offence to the Police.

  “(4) Despite subsection (2), an electoral officer is not required to report the failure by a candidate to file a return under section 112A if the candidate files the return promptly after being required to do so by the electoral officer.

“138AA Time limit for prosecutions

• “(1) A prosecution under section 112C must be commenced within 6 months of the date on which the return was required to be filed.

  “(2) A prosecution under section 103K or 112D 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.”