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Electoral Act 1993

Election expenses, donations, and annual financial statements - Election expenses of candidates

205F: Offence to pay election expenses in excess of prescribed maximum

You could also call this:

"Breaking the law by spending too much money on election expenses"

Illustration for Electoral Act 1993

If you pay for election expenses that are more than the maximum amount allowed, you can get in trouble. The maximum amounts are set out in section 205C. You must not pay more than these amounts, or you might be guilty of a corrupt practice or an illegal practice.

If you know you are paying more than the maximum amount, it is a corrupt practice. If you do not know, but you did not take steps to make sure you were not paying too much, it is an illegal practice.

You must also not try to get around the maximum amounts by making agreements or arrangements with others. If you do, you can be guilty of a corrupt practice, as stated in section 205C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1867448.

Topics:
Crime and justice > Criminal lawGovernment and voting > Elections
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205EA: Apportionment of election expenses of election advertisement between candidate and party, or

"How election ad costs are shared between candidates and parties"

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205G: Periods for claiming and paying candidate's election expenses, or

"Time limits for sorting out election expense claims and payments"

Part 6AElection expenses, donations, and annual financial statements
Election expenses of candidates

205FOffence to pay election expenses in excess of 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 election expenses any sum in excess of either of the maximum amounts prescribed by section 205C.

  2. The candidate or other person is guilty of—

  3. a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or
    1. an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount.

      1. Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 205C is guilty of a corrupt practice.

      Compare
      • 1993 No 87 s 213(3) (pre-20 December 2007);
      • 2007 No 111 s 81
      Notes
      • Section 205F: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
      • Section 205F(1): amended, on , by section 21 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
      • Section 205F(3): added, on , by section 9 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).