Electoral Act 1993

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

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

You could also call this:

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

If you are a candidate, you must keep all records and documents that are needed to check your election expenses return. You must keep these records until the time limit for starting a prosecution about your return has ended. You can find out more about what needs to be in your return by looking at section 205K.

If you do not keep these records and you do not have a good reason for not doing so, you can be charged with an offence. If you are found guilty, you can be fined up to $40,000.

You need to take all reasonable steps to make sure you have all the necessary records and documents to verify your election expenses return.

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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=DLM1867457.

Topics:

Government and voting > ElectionsCrime and justice > Criminal law

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

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

205P: Duty of Electoral Commission, or

"The Electoral Commission must report election law breakers to the Police."

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

205OObligation to retain records necessary to verify return of candidate's election expenses

A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 205K to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates.
A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.

Compare

1993 No 87 s 214L (pre-20 December 2007);
2007 No 111 s 89

Notes

Section 205O: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
Section 205O(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).