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Electoral Act 1993

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

207L: Offence relating to contravention of section 207K

You could also call this:

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

Illustration for Electoral Act 1993

If you make an agreement with someone to get around the rules in section 207K(2), (2A), or (3), you can be guilty of a corrupt practice if you do it on purpose, or an illegal practice if you do not. You are guilty of an illegal practice if you are a candidate or party secretary and you break the rules in section 207K(2), (2A), or (3). If you are charged with breaking the rules, you can defend yourself by proving you took all reasonable steps to make sure donations over $50 were not made by overseas people, or that you had no reason to suspect they were.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1868317.

Topics:
Government and voting > ElectionsCrime and justice > Criminal law
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207K: Overseas donation or contribution may not exceed $50, or

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

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207LA: Offence relating to splitting party donation or contribution to party donation, or

"It's against the law to split donations to a political party to hide the total amount."

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

207LOffence relating to contravention of section 207K

  1. A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207K(2), (2A), or (3) is guilty of—

  2. a corrupt practice if the circumvention is wilful; or
    1. an illegal practice in any other case.

      1. A candidate or party secretary who contravenes section 207K(2), (2A), or (3) is guilty of an illegal practice.

      2. It is a defence to a charge under subsection (2) if the candidate or party secretary proves that he or she took all reasonable steps in the circumstances to ascertain that—

      3. a donation exceeding $50, or a contribution exceeding $50 to a donation, was not made by or on behalf of an overseas person; or
        1. there were no reasonable grounds to suspect that a donation exceeding $50, or a contribution exceeding $50 to a donation, was made by or on behalf of an overseas person.

          Compare
          Notes
          • Section 207L: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
          • Section 207L(1): amended, on , by section 10(1) of the Electoral Amendment Act 2019 (2019 No 72).
          • Section 207L(2): amended, on , by section 10(1) of the Electoral Amendment Act 2019 (2019 No 72).
          • Section 207L(3): inserted, on , by section 10(2) of the Electoral Amendment Act 2019 (2019 No 72).