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Electoral Act 1993

Election expenses, donations, and annual financial statements - Donations protected from disclosure

208D: Duties of Electoral Commission on receipt of donation

You could also call this:

"What the Electoral Commission must do when they get a donation for a political party"

Illustration for Electoral Act 1993

When the Electoral Commission gets a donation under section 208A(2), they must give it to the party it is meant for. They do not have to do this if the rules in section 208A(3) or (4) have not been followed. They also do not have to do this if giving the donation would break the rules about how much money a party can get, as stated in section 208B.

If the Electoral Commission thinks the donation came from someone overseas, they do not have to give it to the party. In this case, they must return the donation to the person who gave it if they know who that is. If they do not know who gave the donation, they must put it into a Crown Bank Account.

If giving the donation would break the rules about how much money a party can get, the Electoral Commission must return the extra amount to the donor. If they do not know who the donor is, they must put the extra amount into a Crown Bank Account. This extra amount is the part of the donation that is more than the maximum limit set out in section 208B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1868332.

Topics:
Government and voting > Elections
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208C: Duty of Electoral Commission to provide advice on actual figures under section 208B, or

"Electoral Commission must help you understand election money limits."

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208E: Timing of payment to parties, or

"When parties get money from the Electoral Commission during and after elections"

Part 6AElection expenses, donations, and annual financial statements
Donations protected from disclosure

208DDuties of Electoral Commission on receipt of donation

  1. The Electoral Commission, on receiving a donation under section 208A(2), must pay it to the secretary of the party for whom it is intended, unless—

  2. the requirements of section 208A(3) or (4) have not been complied with; or
    1. payment of the donation would contravene a maximum amount referred to in section 208B; or
      1. the Electoral Commission believes or has reasonable grounds to believe that the donation is made by an overseas person, or includes or comprises contributions from an overseas person.

        1. If subsection (1)(a) or (c) applies, the Electoral Commission must,—

        2. if the name and contact details of the donor are known or can be readily ascertained, return the donation to the donor:
          1. in any other case, pay the donation into a Crown Bank Account.

            1. If subsection (1)(b) applies, the Electoral Commission must,—

            2. if the name and contact details of the donor are known or can be readily ascertained, return any portion of the donation that exceeds a maximum limit set out in section 208B to the donor:
              1. in any other case, pay any portion of the donation that exceeds a maximum limit set out in section 208B into a Crown Bank Account.

                Compare
                Notes
                • Section 208D: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
                • Section 208D(1)(c): inserted, on , by section 12(1) of the Electoral Amendment Act 2019 (2019 No 72).
                • Section 208D(2): amended, on , by section 12(2) of the Electoral Amendment Act 2019 (2019 No 72).