Electoral Act 1993

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

206P: Duty of Electoral Commission

You could also call this:

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

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 that made them think someone broke the law. They do this so the Police can look into it.

The Electoral Commission does not have to tell the Police if they think the law was broken in a very small way that does not affect the public. In this case, the Electoral Commission decides if it is worth reporting. They consider if it is in the public's interest to report the offence.

You can find more information about the laws related to this by looking at the Electoral Amendment Act 2009 and the Electoral (Finance Reform and Advance Voting) Amendment Act 2010. These laws explain how the Electoral Commission must work. They also explain what the Electoral Commission has to do if they think someone has broken the law.

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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=DLM1867481.

Topics:

Government and voting > ElectionsCrime and justice > Police and safety

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

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

206Q: Return of party's election expenses and return of party’s allocation expenses to be publicly available, or

"Parties' election spending is made public for you to see."

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

206PDuty of Electoral Commission

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.
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 214C(6) (pre-20 December 2007);
2007 No 111 s 111

Notes

Section 206P: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
Section 206P(2): added, on 1 January 2011, by section 14 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).