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Electoral Act 1993

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

205N: Offences relating to return of candidate's election expenses

You could also call this:

"Breaking the rules about reporting election expenses can lead to big fines or worse."

Illustration for Electoral Act 1993

If you are a candidate, you must file a return of your election expenses under section 205K. If you do this late, without a good reason, you can be fined up to $40,000. The late period is 15 working days after the return is due. You can be guilty of a corrupt practice if you file your return after the late period or if you do not file it at all. If you file a return that is false, you can be guilty of a corrupt practice if you knew it was false, or an illegal practice if you did not know but should have. To avoid being guilty of an illegal practice, you must show that you did not mean to give wrong information and that you took all reasonable steps to make sure the information was accurate. If you are charged with one type of offence, you can still be convicted of another type of offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1867456.

Topics:
Government and voting > ElectionsCrime and justice > Criminal law
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205M: Return may be filed after time limitation if candidate outside New Zealand, or

"Candidates outside New Zealand can still file election expenses on time if they follow the rules."

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205O: Obligation to retain records necessary to verify return of candidate's election expenses, or

"Candidates must keep records to prove their election expenses are correct."

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

205NOffences relating to return of candidate's election expenses

  1. A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 205K during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period).

  2. A candidate is guilty of a corrupt practice who, without reasonable excuse,—

  3. files a return of election expenses under section 205K after the late period; or
    1. fails to file a return of election expenses under section 205K.

      1. A candidate who files a return under section 205K that is false in any material particular is guilty of—

      2. a corrupt practice if he or she filed the return knowing it to be false in any material particular; or
        1. an illegal practice in any other case unless the candidate proves that—
          1. he or she had no intention to misstate or conceal the facts; and
            1. he or she took all reasonable steps in the circumstances to ensure that the information was accurate.

            2. A person charged with an offence against subsection (2)(a) may be convicted of an offence against subsection (2)(b).

            Compare
            • 1993 No 87 s 210(4)–(6) (pre-20 December 2007);
            • 2007 No 111 s 88
            Notes
            • Section 205N: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
            • Section 205N(1): replaced, on , by section 30 of the Electoral Amendment Act 2014 (2014 No 8).
            • Section 205N(1A): inserted, on , by section 30 of the Electoral Amendment Act 2014 (2014 No 8).