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Electoral Act 1993

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

207K: Overseas donation or contribution may not exceed $50

You could also call this:

"Donations from overseas can't be more than $50, or you must return the extra amount."

Illustration for Electoral Act 1993

If you are a candidate and you get a donation from someone overseas, you must check if it is over $50. If it is, you have to give back the amount over $50 to the person who donated it, or pay that amount to the Electoral Commission. You have 20 working days to do this after you get the donation.

If you are a party secretary and you get a donation from someone overseas, you also have to check if it is over $50. If it is, you have to give back the amount over $50 to the person who donated it, or pay that amount to the Electoral Commission. You have 20 working days to do this after you get the donation.

If someone gives you a donation that includes money from an overseas person, and that money is over $50, you have to give the whole donation back to the person who gave it to you. If you cannot do this, you have to pay the donation to the Electoral Commission. You have 20 working days to do this after you find out about the overseas money.

Any money the Electoral Commission gets from these donations must be paid into a Crown Bank Account, as stated in subsection (2), (2A), or (3), and you can find more information about this in section 207C.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1868315.

Topics:
Government and voting > Elections
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207JA: Duty to ascertain whether donation from overseas person, or

"Check if election donations over $50 come from someone living overseas"

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207L: Offence relating to contravention of section 207K, or

"Breaking rules about donations from overseas can be against the law"

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

207KOverseas donation or contribution may not exceed $50

  1. Repealed

  2. If a candidate receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign exceeds $50, the candidate must, within 20 working days of receipt of the donation,—

  3. return to the overseas person the total amount donated by the overseas person, or its value, less $50; or
    1. if this is not possible, pay the total amount donated by the overseas person, or its value, less $50 to the Electoral Commission.

      1. If a party secretary receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the same year ending 31 December exceeds $50, the party secretary must, within 20 working days of receipt of the donation,—

      2. return to the overseas person the total amount donated by the overseas person, or its value, less $50; or
        1. if this is not possible, pay the total amount donated by the overseas person, or its value, less $50 to the Electoral Commission.

          1. If a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1)), a donation funded from contributions that includes any contribution exceeding $50 made by or on behalf of an overseas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $50, the candidate or party secretary must, within 20 working days after notification of that fact under section 207C,—

          2. give back to the donor the amount of the donation, or its value; or
            1. if this is not possible, pay the amount of the donation, or its value, to the Electoral Commission.

              1. All amounts received by the Electoral Commission under subsection (2), (2A), or (3) must be paid into a Crown Bank Account.

              Compare
              Notes
              • Section 207K: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
              • Section 207K heading: substituted, on , by section 21(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
              • Section 207K heading: amended, on , by section 9(1) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(1): repealed, on , by section 9(2) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(2): substituted, on , by section 21(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
              • Section 207K(2): amended, on , by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(2)(a): amended, on , by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(2)(b): amended, on , by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(2A): inserted, on , by section 21(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
              • Section 207K(2A): amended, on , by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(2A)(a): amended, on , by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(2A)(b): amended, on , by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(3): amended, on , by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(3): amended, on , by section 35 of the Electoral Amendment Act 2014 (2014 No 8).
              • Section 207K(3)(b): substituted, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
              • Section 207K(4): amended, on , by section 9(4) of the Electoral Amendment Act 2019 (2019 No 72).
              • Section 207K(4): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).