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Electoral Act 1993

Election expenses, donations, and annual financial statements - General provisions relating to donations

207C: Contributors to be identified

You could also call this:

"Say who gave money to help a candidate, if it's from many people or over a certain amount."

Illustration for Electoral Act 1993

When you donate money to a candidate, you must tell them if the donation is from many people. You have to say that the donation is from many people and give details about the people who contributed. You must give the name and address of each person who contributed over a certain amount of money.

If a person from New Zealand contributed over $1,500, or a person from overseas contributed over $50, you must give their details. You also have to say how much each person contributed. You must tell the candidate the total amount of money from all the contributors and the total amount from other contributions.

If you do not give the candidate the correct information, they must give you back the donation. This rule also applies to party secretaries. If a candidate or party secretary gives back a donation, it is like they never received it, for the purposes of sections 209 and 210.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1868307.

Topics:
Government and voting > Elections
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207BA: Offence relating to contravention of section 207B, or

"Breaking the rules in section 207B can get you a big fine of up to $40,000."

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207D: Offence relating to contravention of section 207C, or

"Breaking donation rules on purpose can lead to a big fine"

Part 6AElection expenses, donations, and annual financial statements
General provisions relating to donations

207CContributors to be identified

  1. This section applies to a donation (other than an anonymous donation) that is funded from contributions.

  2. If this section applies to a donation, the donor must, at the time of making the donation, disclose—

  3. the fact that the donation is funded from contributions; and
    1. the details specified in subsection (3) in respect of any contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds—
      1. $1,500 in sum or value in the case of a contributor who is a New Zealand person; or
        1. $50 in sum or value in the case of a contributor who is an overseas person; and
        2. the total of all of the amounts disclosed under paragraph (b) in relation to the donation; and
          1. the total of all of the other contributions made in relation to the donation.

            1. The details referred to in subsection (2)(b) are—

            2. the name of the contributor; and
              1. the address of the contributor; and
                1. whether the contributor is an overseas person; and
                  1. the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions.

                    1. Repealed

                    2. A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.

                    3. A party secretary must give back to the donor the entire amount of the donation, or its entire value, if the party secretary knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.

                    4. For the purposes of sections 209 and 210, any amount given back by a candidate under subsection (4), or by a party secretary under subsection (5), is taken not to have been received by the candidate or the party secretary, as the case may be.

                    Compare
                    Notes
                    • Section 207C: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
                    • Section 207C(1): amended, on , by section 18(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
                    • Section 207C(2): replaced, on , by section 34 of the Electoral Amendment Act 2014 (2014 No 8).
                    • Section 207C(2)(b): replaced, on , by section 6(1) of the Electoral Amendment Act 2019 (2019 No 72).
                    • Section 207C(2)(c): amended, on , by section 6(2) of the Electoral Amendment Act 2019 (2019 No 72).
                    • Section 207C(3): inserted, on , by section 6(3) of the Electoral Amendment Act 2019 (2019 No 72).
                    • Section 207C(3): repealed, on , by section 34 of the Electoral Amendment Act 2014 (2014 No 8).