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Electoral Act 1993

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

210D: Offences relating to return of party donations

You could also call this:

"Breaking the rules about reporting party donations can lead to big fines or serious trouble"

Illustration for Electoral Act 1993

If you are a party secretary, you commit an offence if you file a return of party donations under section 210 or section 210C without a reasonable excuse during the late period. You can be fined up to $40,000. The late period is the time after the return is due and ends 15 working days later.

If you file a return after the late period or fail to file one, you are guilty of a corrupt practice. This applies to returns under section 210 or section 210C.

You are also guilty of a corrupt practice if you file a return that is false and you know it is false. If you did not know it was false, you are guilty of an illegal practice unless you can prove you did not mean to misstate the facts and you took steps to ensure the information was accurate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1868350.

Topics:
Crime and justice > Criminal lawGovernment and voting > Elections
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210C: Return of party donation received from same donor exceeding $20,000, or

"Tell the Electoral Commission about big donations over $20,000 to your party"

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210E: Obligation to retain records necessary to verify return of party donations, or

"Parties must keep donation records to ensure honesty and transparency."

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

210DOffences relating to return of party donations

  1. A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,—

  2. files a return of party donations under section 210 during the late period:
    1. files a return of party donations under section 210C during the late period.

      1. A party secretary is guilty of a corrupt practice who, without reasonable excuse,—

      2. files a return of party donations under section 210 or 210C after the late period; or
        1. fails to file a return of party donations under—
          1. section 210:
            1. section 210C.

            2. A party secretary who files a return under section 210 or 210C that is false in any material particular is guilty of—

            3. 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 party secretary 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.

                  2. In this section, late period, in relation to the filing of a return, means 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.

                  Compare
                  Notes
                  • Section 210D: inserted, on , by section 6 of the Electoral Amendment Act 2009 (2009 No 1).
                  • Section 210D(1): replaced, on , by section 40(1) of the Electoral Amendment Act 2014 (2014 No 8).
                  • Section 210D(1A): inserted, on , by section 40(1) of the Electoral Amendment Act 2014 (2014 No 8).
                  • Section 210D(3): inserted, on , by section 40(2) of the Electoral Amendment Act 2014 (2014 No 8).