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Electoral Act 1993

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

208F: Offence of prohibited disclosure

You could also call this:

"Breaking the law by sharing secrets about who donates money to a political party"

Illustration for Electoral Act 1993

If you give money to a political party, your name and details should be kept private. You cannot tell a party secretary or most other people that someone has given money to a party. If you break this rule without a good reason, you can get in trouble with the law. The law says you are guilty of an illegal practice if you disclose the name or details of a donor.

There are some people who are allowed to know the name and details of a donor, such as the Electoral Commission, the donor themselves, and people who need to know to make the donation or for tax purposes, as outlined in the Tax Administration Act 1994. These people include the Auditor-General and anyone who is entitled to the information because of a court order. If there is a conflict between this rule and another law, this rule takes priority.

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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=DLM1868334.

Topics:
Crime and justice > Criminal lawGovernment and voting > ElectionsMoney and consumer rights > Taxes
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208E: Timing of payment to parties, or

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

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208G: Duty of Electoral Commission to report, or

"The Electoral Commission must report on money they get and spend, and tell us every 3 months and every year."

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

208FOffence of prohibited disclosure

  1. No person may disclose the name or other identifying details of a donor or contributor in respect of a donation made, or proposed to be made, under section 208A(2) in a manner that indicates or suggests that the person has made, or proposes to make, such a donation or contribution, to—

  2. any party secretary or person involved in the administration of the affairs of the party for whom the donation is intended; or
    1. any other person (other than an authorised person).

      1. Every person who contravenes subsection (1) without reasonable excuse is guilty of an illegal practice.

      2. In this section, authorised person means—

      3. a member or employee or other person engaged by the Electoral Commission:
        1. a donor or contributor and any officer, employee, relative, adviser, or agent of the donor or contributor:
          1. any other person to whom the identifying details must be supplied to enable the donation to be made:
            1. any person to whom the identifying details must be supplied to comply with 1 or more of the Inland Revenue Acts (within the meaning of section 3(1) of the Tax Administration Act 1994):
              1. the Auditor-General:
                1. any other person entitled to the information in question in accordance with any search warrant, summons, or any process under rules of court, or in the course of any proceedings.

                  1. Except as provided in this section, if there is any inconsistency between subsection (1) and any other enactment, subsection (1) prevails.

                  Compare
                  Notes
                  • Section 208F: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
                  • Section 208F(3)(c): replaced, on , by section 39 of the Electoral Amendment Act 2022 (2022 No 80).