Electoral Act 1993

Loans - Disclosure of loans

214C: Annual return of party loans

You could also call this:

"Parties must report their big loans to the Electoral Commission each year"

Illustration for Electoral Act 1993

If you are a party secretary, you must give the Electoral Commission a report every year about the loans your party got. You have to include details like who lent the money, how much was borrowed, and when it has to be paid back. You also have to say if there is anyone who guaranteed the loan, and what security was given for it.

You need to report on loans over $15,000 that your party got during the year or in previous years, if they still owe more than $15,000 at the end of the year. You also have to report on smaller loans that add up to more than $15,000 when combined with other loans from the same lender. For loans between $1,500 and $15,000, you just need to say how many loans there were and the total amount borrowed.

Your report has to be filed with the Electoral Commission by 30 April the following year, and it has to be in the form they require. It also has to be checked by an auditor, as stated in section 214D. When you are making this report, a year means 12 months from 1 January to 31 December. If your party was registered during the year, your report only needs to cover from the date you were registered to 31 December.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310356.


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"Proving payments with a bill for loan payments"


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214D: Auditor’s report on annual return of party loans, or

"Auditor checks if a political party's loan records are correct and writes a report about it."

Part 6BLoans
Disclosure of loans

214CAnnual return of party loans

  1. A party secretary must file with the Electoral Commission, for each year, a return of party loans setting out—

  2. the details specified in subsection (2) in respect of—
    1. every loan entered into during the year that has a loan amount exceeding $15,000; and
      1. every loan entered into in any previous year that—
        1. has a loan amount exceeding $15,000; and
          1. at the close of 31 December of the year for which the return of party loans is filed, has an unpaid balance exceeding $15,000; and
        2. the details specified in subsection (3) in respect of every loan entered into during the year that has a loan amount not exceeding $15,000, but which exceeds $15,000 when aggregated with—
          1. the loan amounts of all other loans provided by the same lender during the year; or
            1. the unpaid balances of any loans provided by the same lender during any previous year; and
            2. the details specified in subsection (4) in respect of all other loans entered into during the year that each have loan amounts of not less than $1,500 and not more than $15,000.
              1. The details referred to in subsection (1)(a) are—

              2. the name of the lender; and
                1. the address of the lender; and
                  1. the loan amount; and
                    1. the date on which the loan was entered into; and
                      1. the repayment date for the loan, or a statement that there is no repayment date; and
                        1. the interest rate or rates; and
                          1. the unpaid balance of the loan amount, if any; and
                            1. the name and address of any guarantor of the loan; and
                              1. the details of any security given for the loan; and
                                1. whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.
                                  1. The details referred to in subsection (1)(b) are—

                                  2. the details specified in subsection (2); and
                                    1. the total of the aggregated loan amount.
                                      1. The details referred to in subsection (1)(c) are—

                                      2. the number of loans; and
                                        1. the total of the aggregated loan amounts.
                                          1. A return of party loans must—

                                          2. be filed by 30 April of the following year; and
                                            1. be in a form required by the Electoral Commission; and
                                              1. be accompanied by an auditor's report obtained under section 214D.
                                                1. In this section, year means the period of 12 months starting on 1 January and ending with the close of 31 December.

                                                2. Despite anything in subsection (1), if a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending with 31 December of that year.

                                                Notes
                                                • Section 214C: inserted, on , by section 41 of the Electoral Amendment Act 2014 (2014 No 8).
                                                • Section 214C heading: replaced, on , by section 13(1) of the Electoral Amendment Act 2022 (2022 No 80).
                                                • Section 214C(1): amended, on , by section 13(2) of the Electoral Amendment Act 2022 (2022 No 80).
                                                • Section 214C(1)(a)(ii)(B): amended, on , by section 13(2) of the Electoral Amendment Act 2022 (2022 No 80).
                                                • Section 214C(5): amended, on , by section 13(2) of the Electoral Amendment Act 2022 (2022 No 80).