Hon Simon Power
Government Bill
146—3
As reported from the committee of the whole House
Key
1 Title
2 Commencement
Part 1Amendments to principal Act
3 Principal Act amended
4 Interpretation
5 New sections 3A to 3F and heading inserted
3A Meaning of election advertisement
3B Meaning of regulated period
3C Electoral Commission to publish details relating to regulated period
3D Meaning of publish
3E Meaning of advertising expenses
Extraterritorial application
3F Application of Act to conduct outside New Zealand
6 Special voters
7 New Part 6AA inserted
Part 6AAElection advertising
Interpretation provisions
204A Interpretation
Subpart 1—General rules governing election advertisements
204B Persons who may promote election advertisements
204D Apportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period
204E Offence to avoid limit set out in section 204B(1)(d)
204F Obligation to retain records necessary to verify promoter's advertising expenses
204G Election advertisement to include promoter statement
204H Publication of candidate advertisement promoting candidate
204I Publication of party advertisement promoting party
204J Electoral Commission to provide advice on application of definition of election advertisement
204K Duty of Electoral Commission to report suspected offences
Subpart 2—Registered promoters
204L Promoters eligible to be registered
204M Application for registration
204N Grounds on which application for registration must be refused
204O Electoral Commission's decision on application
204P Obligation to notify Electoral Commission of change in contact details
204Q Cancellation of registration
204R Expiry of registration
204S Establishment of register
204T Purposes of register
204U Form of register
204V Alterations to register
204W Register to be public
204X Search of register
204Y When search constitutes interference with privacy of individual
8 New heading and sections 205 to 205E substituted
Subpart 1—Election expenses of candidates
205 Interpretation and application
205A Persons who may incur election expenses in relation to candidate advertisement
205AB Offence to incur unauthorised election expense
205B Maximum amount of candidate's total election expenses
205C Apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period
205D Apportionment of election expenses of election advertisement between candidates
205E Apportionment of election expenses of election advertisement between candidate and party
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
Subpart 2—Election expenses of parties
206 Interpretation
206A Persons who may incur election expenses in relation to party advertisement
206AB Offence to incur unauthorised election expense
206B Maximum amount of party's total election expenses
206C Apportionment of advertising expenses for publication of party advertisement both before and during regulated period
206CA Apportionment of election expenses of election advertisement between parties
206CB Apportionment of election expenses of election advertisement between party and candidate
11A Offence to pay election expenses in excess of prescribed maximum
12 Duty of Electoral Commission
12A New subpart 2A inserted
Subpart 2A—Election expenses of registered promoters
206S Interpretation
206T Persons who may incur election expenses in relation to election advertisement promoted by registered promoter
206U Offence to incur unauthorised election expense
206V Maximum amount of registered promoter's total election expenses
206W Apportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period
206X Offence to pay election expenses in excess of prescribed maximum
206Y Periods for claiming and paying registered promoter's election expenses
206Z Procedure if claim disputed
206ZA Leave to pay claim after time limitation
206ZB Invoice and receipt required for election expenses of $50 or more
206ZC Return of registered promoter's election expenses
206ZD Electoral Commission may require auditor's report on return of registered promoter's election expenses
206ZE Offences relating to return of registered promoter's election expenses
206ZF Obligation to retain records necessary to verify return of registered promoter's election expenses
206ZG Duty of Electoral Commission
206ZH Return of registered promoter's election expenses to be publicly available
13 Interpretation
13A Donations to be transmitted to candidate or party secretary
15 Contributors to be identified
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
207LA Offence relating to splitting party donation or contribution to party donation
18 New section 207O substituted
207O Duty of Electoral Commission in relation to donations
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
25 Time limit for prosecutions
26 New section 266A inserted
266A Expenditure limits to be adjusted each year by Order in Council
Part 2Transitional provision and consequential amendments to other enactments
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
Legislative history
The Parliament of New Zealand enacts as follows: