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Electoral Act 1993

Loans - Disclosure of loans

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

You could also call this:

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

Illustration for Electoral Act 1993

When a political party borrows money, they must file a return of party loans. You can find out more about this in section 214C. But if the party did not borrow any money, they can file a nil return, which is explained in section 214E.

The party secretary must get a report from an auditor, who is appointed under section 206J. The auditor checks if the return of party loans is correct.

The auditor must say in the report if the return fairly reflects the loans the party entered into. The auditor can check any records they need to. If the auditor finds any problems, they must say so in the report.

The auditor can look at all the party's records and accounts at any reasonable time. The auditor can also ask the party secretary for more information if they need it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310359.

Topics:
Government and voting > Elections
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214C: Annual return of party loans, or

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

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214E: Nil return: parties, or

"When a party has no loan information to share, they must tell us"

Part 6BLoans
Disclosure of loans

214DAuditor’s report on annual return of party loans

  1. This section applies to a return of party loans required to be filed under section 214C, except for a nil return filed under section 214E.

  2. A party secretary must obtain a report on the return of party loans from the auditor appointed under section 206J.

  3. The auditor must state in the report whether, in the auditor's opinion, the return of party loans fairly reflects the loans entered into by the party.

  4. The auditor must make any examinations that the auditor considers necessary.

  5. The auditor must specify in the report any case in which—

  6. the return of party loans does not, in the auditor's opinion, fairly reflect the loans entered into by or on behalf of the party:
    1. the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties:
      1. proper records of loans entered into by or on behalf of the party have not, in the auditor's opinion, been kept by the party secretary.

        1. The auditor—

        2. must have access at all reasonable times to all records, documents, and accounts that relate to the loans entered into by or on behalf of the party and that are held by the party or the party secretary; and
          1. may require the party secretary to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.

            Notes
            • Section 214D: inserted, on , by section 41 of the Electoral Amendment Act 2014 (2014 No 8).
            • Section 214D heading: replaced, on , by section 14(1) of the Electoral Amendment Act 2022 (2022 No 80).
            • Section 214D(1): replaced, on , by section 14(2) of the Electoral Amendment Act 2022 (2022 No 80).
            • Section 214D(1A): inserted, on , by section 14(2) of the Electoral Amendment Act 2022 (2022 No 80).
            • Section 214D(2): amended, on , by section 14(3) of the Electoral Amendment Act 2022 (2022 No 80).
            • Section 214D(4)(a): amended, on , by section 14(3) of the Electoral Amendment Act 2022 (2022 No 80).