Lobbying Disclosure Bill

7 Returns of lobbying activity

• (1) An individual or company or firm or organisation engaged in lobbying activity must file a return with the Auditor-General containing the information referred to in subsection (7) in the form and manner provided for in regulations.

  (2) For the purpose of subsection (1) an individual or company or firm or organisation is engaged in lobbying activity if, for payment, on behalf of any person or company or firm or organisation (the client) he or she or it undertakes to—

  • (a) communicate with any public office holder in respect of—

    • (i) the development of any legislative proposal;

    • (ii) the introduction of any Bill or resolution in the House or the passage, defeat, or amendment of any Bill or resolution that is before the House;

    • (iii) the making or amendment or disallowance of any regulation as defined by section 29 of the Interpretation Act 1999;

    • (iv) the development or amendment or cancellation of any policy or programme of the Government of New Zealand;

    • (v) the awarding of any grant, funding, contribution, or other financial benefit by or on behalf of the Government of New Zealand;

    • (vi) the awarding of any contract by or on behalf of the Government of New Zealand; or

  • (b) arrange a meeting between a public office holder and any other person.

  (3) For the purpose of subsection (1) an individual includes an individual employed by, or who works under a contract for services for, or who is otherwise engaged by, a company or firm or organisation whether or not the company or firm or organisation itself has any direct role in the lobbying activity.

  (4) For the purpose of subsection (1) a company or firm or organisation includes a company or firm or organisation that employs any individual whose duties include undertaking lobbying activity on behalf of his or her employer, including where the company or the firm or organisation is in effect the client and whether or not a payment required by subsection (2) is made to the employee in relation to any particular lobbying activity. For the purpose of this subsection a person employed by a company includes a shareholder, director, or other officer of the company and company includes any subsidiary of the company.

  (5) Lobbying activity does not include—

  • (a) any oral or written submission made to the House or any of its committees in proceedings that are a matter of public record;

  • (b) any communication which is restricted to a request for information.

  (6) This section does not apply to any of the following persons when acting in their official capacity:

  • (a) members of Parliament;

  • (b) any person employed by, or who works under a contract for services for, or who is working on secondment to, any of the departments of the public service listed in Schedule 1 to the State Sector Act 1988;

  • (c) members of a local authority or any person employed by, or who works under a contract for services for, or who is working on secondment to, any such authority;

  • (d) diplomatic agents, consular officers, or official representatives of a foreign government.

  (7) The return must set out the following information with respect to any lobbying activity—

  • (a) the name and business address of—

    • (i) the individual who undertook the lobbying activity and, if applicable, the name and business address of the company or firm or organisation referred to in subsection (3):

    • (ii) the company or firm or organisation who undertook the lobbying activity and the name of any individual who acted for the company or firm or organisation, including those referred to in subsection (4):

  • (b) the name and business address of the client and any person or body that controls or directs the activities of the client and has a direct interest in the outcome of the activities undertaken on behalf of the client:

  • (c) where the client is a company, the name and business address of each subsidiary of the company that has a direct interest in the outcome of the activities undertaken on behalf of the client:

  • (d) where the client is a company that is a subsidiary of another company, the name and business address of that other company:

  • (e) where the client is a coalition, the name and address of each person or body that is a member of that coalition:

  • (f) particulars to identify the subject-matter in respect of which the lobbying activity was undertaken, including any relevant legislative proposal, Bill, resolution, regulation, policy, programme, grant, funding, contribution, financial benefit, or contract:

  • (g) particulars to identify the communication technique used to communicate with a public office holder:

  • (h) the name of any public office holder at whom the lobbying activity was directed.

  (8) Any individual or company or firm or organisation required to file a return, must do so in the form and manner provided for in regulations, on a quarterly basis, and the return must include—

  • (a) the details required by subsection (7) in respect of any lobbying activity undertaken in the quarter:

  • (b) the date of any communication or meeting:

  • (c) where any information included in previous returns is no longer correct or additional information that would have needed to be provided in a return has come to the knowledge of an individual or person acting for a company or firm or organisation undertaking lobbying activity, the corrected information or additional information.

  (9) For the purpose of subsection (8) the obligation to file a return commences 3 months after the coming into force of regulations providing for the form and manner of returns and arises in any case, at the end of each quarter thereafter, where any lobbying activity has occurred in the quarter. Returns must be filed no later than 15 working days after the last day of each quarter.