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New Zealand law explained for everyone

Electoral Act 1993

Elections - Nominations

144: Deposit by candidate

You could also call this:

"Paying $300 to enter an election: what you need to know"

Illustration for Electoral Act 1993

If you want to be a candidate in an election, you or someone on your behalf must pay $300 to the Returning Officer by noon on nomination day. You can pay this deposit in cash or by direct credit to a bank account chosen by the Electoral Commission. The deposit is like a promise that you will take your candidacy seriously.

If you do not get at least 5% of the total votes in your district, you will lose your deposit and it will go into a Crown Bank Account. If you get more than 5% of the votes, or if you are successful, your deposit will be returned to you after you have completed certain returns, like those under sections 205K and 209, and sent them to the Electoral Commission.

You must make sure you follow the rules so you can get your deposit back if you are supposed to. The Electoral Commission will return your deposit after they get your completed returns.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309498.

Topics:
Government and voting > Elections
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143: Nominations of candidates for electoral districts, or

"How to become a candidate for an area in a New Zealand election"

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145: Acceptance or rejection of nomination, or

"Deciding if someone can be a candidate in an election"

Part 6Elections
Nominations

144Deposit by candidate

  1. Every constituency candidate, or some person on the constituency candidate’s behalf, shall deposit with the Returning Officer the sum of $300 not later than noon on nomination day.

  2. The deposit must be paid—

  3. in cash; or
    1. by direct credit to a bank account nominated by the Electoral Commission.

      1. The deposit of an unsuccessful candidate is forfeit and must be paid into a Crown Bank Account if the candidate receives in total less than 5% of the total number of votes received by constituency candidates in the district.

      2. In every other case, the deposit of a constituency candidate must be returned to the person who paid it, but only after the Electoral Commission has received from that candidate duly completed returns under sections 205K and 209.

      Notes
      • Section 144(2): replaced, on , by section 33 of the Electoral Amendment Act 2022 (2022 No 80).
      • Section 144(3): substituted, on , by section 56 of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 144(3): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
      • Section 144(4): added, on , by section 56 of the Electoral Amendment Act 2002 (2002 No 1).
      • Section 144(4): amended, on , by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
      • Section 144(4): amended, on , by section 14 of the Electoral Amendment Act 2009 (2009 No 1).
      • Section 144(4): amended, on , by section 16 of the Electoral Amendment Act 2007 (2007 No 113).