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Electoral Act 1993

Election expenses, donations, and annual financial statements - Disclosure of candidates' donations

209B: Offences relating to return of candidate donations

You could also call this:

"Breaking the rules about reporting donations when you're a candidate can lead to big fines."

Illustration for Electoral Act 1993

If you are a candidate, you must file a return of your donations under section 209. You will commit an offence if you file your return late, without a reasonable excuse, during the late period, which is 15 working days after the return is due. You can be fined up to $40,000 if you are convicted.

If you file your return after the late period, or if you do not file a return at all, without a reasonable excuse, you are guilty of a corrupt practice. You must file your return under section 209.

If you file a return that is false in any important way, you are guilty of a corrupt practice if you knew it was false, or an illegal practice if you did not know. However, if you can prove you did not mean to give false information and you took all reasonable steps to make sure the information was accurate, you may not be guilty of an illegal practice.

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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=DLM1868340.

Topics:
Government and voting > ElectionsCrime and justice > Criminal law
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209A: Nil return, or

"Telling them you have no information to share about election expenses"

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209C: Obligation to retain records necessary to verify return of candidate donations, or

"Candidates must keep donation records to prove their returns are correct."

Part 6AElection expenses, donations, and annual financial statements
Disclosure of candidates' donations

209BOffences relating to return of candidate donations

  1. A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate donations under section 209 during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period).

  2. A candidate is guilty of a corrupt practice who, without reasonable excuse,—

  3. files a return of candidate donations under section 209 after the late period; or
    1. fails to file a return of candidate donations under section 209.

      1. A candidate who files a return under section 209 that is false in any material particular is guilty of—

      2. a corrupt practice if he or she filed the return knowing it to be false in any material particular; or
        1. an illegal practice in any other case unless the candidate proves that—
          1. he or she had no intention to misstate or conceal the facts; and
            1. he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

            Compare
            Notes
            • Section 209B: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
            • Section 209B(1): replaced, on , by section 37 of the Electoral Amendment Act 2014 (2014 No 8).
            • Section 209B(1A): inserted, on , by section 37 of the Electoral Amendment Act 2014 (2014 No 8).