Electoral Act 1993

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

206O: Obligation to retain records necessary to verify return of party's election expenses

You could also call this:

"Parties must keep records to prove their election expense returns are correct."

If you are a party secretary, you must keep all records and documents that are needed to check the return of your party's election expenses. You must keep these records until the time limit for starting a prosecution under the Electoral Act has expired. This time limit applies to the return and any matters related to it, as stated in section 206I.

You must take all reasonable steps to ensure these records are retained. If you fail to do this without a good reason, you can be charged with an offence. If you are convicted, you may have to pay a fine of up to $40,000.

As a party secretary, it is your responsibility to make sure you have all the necessary records to verify your party's 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=DLM1867480.

Topics:

Government and voting > ElectionsCrime and justice > Criminal law

206N: Offences relating to return of party's election expenses and return of party’s allocation expenses, or

"Breaking the rules about reporting party election expenses can lead to big fines and trouble."

206P: Duty of Electoral Commission, or

"The Electoral Commission's job is to report election law breaks to the Police."

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

206OObligation to retain records necessary to verify return of party's election expenses

A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 206I 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 party secretary 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 110

Notes

Section 206O: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
Section 206O(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).