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Electoral Act 1993

Loans - Disclosure of loans

214G: Offences relating to return of party loans

You could also call this:

"Breaking the rules about reporting party loans can lead to big fines or worse."

Illustration for Electoral Act 1993

If you are a party secretary, you must follow the rules about returning party loans. You commit an offence if you file a return of party loans under section 214C or section 214F during the late period without a reasonable excuse. This can lead to a fine of up to $40,000.

You are guilty of a corrupt practice if you file a return of party loans after the late period without a reasonable excuse. You are also guilty of a corrupt practice if you fail to file a return of party loans under section 214C or section 214F without a reasonable excuse.

If you file a return that is false in any important way, you can be guilty of a corrupt practice or an illegal practice. You are guilty of a corrupt practice if you knew the return was false when you filed it. You are guilty of an illegal practice if you did not know the return was false, but you did not take reasonable steps to make sure the information was accurate.

If you are charged with one offence, you can be convicted of another related offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310377.

Topics:
Government and voting > Elections
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214F: Return of party loan provided by same lender exceeding $30,000, or

"Tell the Electoral Commission about big loans to your party that are over $30,000"

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214GA: Return of candidate loans, or

"Telling the Electoral Commission about money a candidate has borrowed"

Part 6BLoans
Disclosure of loans

214GOffences relating to return of party loans

  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 loans under section 214C during the late period:
    1. files a return of party loans under section 214F during the late period.

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

      2. files a return of party loans under section 214C or 214F after the late period; or
        1. fails to file a return of party loans under—
          1. section 214C:
            1. section 214F.

            2. A party secretary who files a return under section 214C or 214F 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. A party secretary charged with an offence against subsection (3)(a) may be convicted of an offence against subsection (3)(b).

                  3. Repealed
                  Notes
                  • Section 214G: inserted, on , by section 41 of the Electoral Amendment Act 2014 (2014 No 8).
                  • Section 214G(5): repealed, on , by section 17 of the Electoral Amendment Act 2022 (2022 No 80).