Electoral Act 1993

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

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

You could also call this:

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

If you are a candidate, you must keep all records and documents that are needed to check your return of donations. You must keep these records until a certain time has passed, during which any legal action related to your return can be taken. This time period is the time within which a prosecution may be commenced under the Electoral Act in relation to your return.

You must take all reasonable steps to ensure these records are kept, and they must be the ones that enable your return under section 209 to be verified.

If you do not keep these records and you do not have a good reason for not doing so, you can be charged with an offence and may have to pay a fine of up to $40,000 if you are convicted.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1868341.

Topics:

Government and voting > Elections

209B: Offences relating to return of candidate donations, or

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

209D: Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission, or

"Chief Electoral Officer must send candidate donation information to the Electoral Commission"

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

209CObligation to retain records necessary to verify return of candidate donations

A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable a return under section 209 to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates.
A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.

Compare

2007 No 111 s 47

Notes

Section 209C: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
Section 209C(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).