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Electoral Act 1993

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

205P: Duty of Electoral Commission

You could also call this:

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

Illustration for Electoral Act 1993

If you think someone has broken the law related to election expenses, the Electoral Commission must tell the New Zealand Police what they know. The Electoral Commission has to share the facts with the Police if they believe an offence has been committed. You should know that the Electoral Commission does not have to report it if they think the offence is very minor and not important to the public.

The Electoral Commission will decide whether the offence is serious enough to report to the Police. They must report the facts to the Police if they believe someone has committed an offence. This helps make sure that people follow the rules during elections.

When the Electoral Commission reports someone to the Police, it is because they think that person has done something wrong. The Electoral Commission has a job to make sure people follow the rules about election expenses. They work with the Police to make sure everyone follows the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1867458.

Topics:
Government and voting > Elections
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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."

Next

205Q: Return of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission, or

"Chief Electoral Officer must send candidate's election expense details to Electoral Commission"

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

205PDuty of Electoral Commission

  1. If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.

  2. Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

Compare
  • 1993 No 87 s 210(8) (pre-20 December 2007);
  • 2007 No 111 s 90
Notes
  • Section 205P: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
  • Section 205P heading: amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 205P(1): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 205P(2): added, on , by section 11 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).