Electoral Act 1993

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

205H: Procedure if claim disputed

You could also call this:

"What happens if someone disputes a claim for election expenses"

If you are a candidate and someone sends you a claim for election expenses, you must pay it within 40 working days, as stated in section 205G(1) and section 205G(2). If you dispute the claim or do not pay it within that time, the claim is considered disputed. You can then be taken to court over the disputed claim.

If you take the candidate to court and win, any money the candidate pays you as a result of the court's decision is considered paid on time. The court's decision is final, and the payment is made according to section 205G(2).

You have 20 working days after the 40-day period to take the candidate to court if you want to pursue the claim.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1867450.

Topics:

Government and voting > Elections

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

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

205I: Leave to pay claim after time limitation, or

"Paying a late claim for election expenses: asking the court for extra time"

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

205HProcedure if claim disputed

If a candidate, in the case of a claim for election expenses sent to a candidate within the period specified in section 205G(1), disputes the claim, or fails to pay the claim within the period of 40 working days specified in section 205G(2), then—
the claim is to be treated as a disputed claim; and
the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.

Any sum paid by the candidate in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 205G(2).

Compare

1993 No 87 s 207 (pre-20 December 2007);
2007 No 111 s 83

Notes

Section 205H: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).