Electoral Act 1993

Loans - Disclosure of loans

214I: Obligation to retain records necessary to verify return of loans

You could also call this:

"Keep records to prove loan returns are correct"

Illustration for Electoral Act 1993

If you are a party secretary, you must keep all records and documents that are needed to check the return of loans. You must keep these records until the time limit for starting a prosecution under the Electoral Act has ended. This is in relation to the returns or any matters related to the returns, which are filed under sections like sections 214C and 214F.

If you do not keep these records without a good reason, you can be charged with an offence and fined up to $40,000. You must take all reasonable steps to ensure these records are kept.

If you are a candidate, you also have to keep records and documents that are needed to check your returns, which are filed under section 214GA. You must keep these records until the time limit for starting a prosecution under the Electoral Act has ended. If you do not keep these records without a good reason, you can be charged with an offence and fined up to $40,000.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310383.


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214H: Duty of Electoral Commission, or

"The Electoral Commission must report serious rule-breakers to the Police."


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214J: Returns of loans to be publicly available, or

"People can look at loan records during a public inspection time"

Part 6BLoans
Disclosure of loans

214IObligation to retain records necessary to verify return of loans

  1. A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns under sections 214C and 214F to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the returns or in relation to any matter to which the returns relate.

  2. A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.

  3. A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns filed under section 214GA to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the returns or in relation to any matter to which the returns relate.

  4. A candidate who fails, without reasonable excuse, to comply with subsection (3) commits an offence and is liable on conviction to a fine not exceeding $40,000.

Notes
  • Section 214I: inserted, on , by section 41 of the Electoral Amendment Act 2014 (2014 No 8).
  • Section 214I heading: amended, on , by section 19(1) of the Electoral Amendment Act 2022 (2022 No 80).
  • Section 214I(3): inserted, on , by section 19(2) of the Electoral Amendment Act 2022 (2022 No 80).
  • Section 214I(4): inserted, on , by section 19(2) of the Electoral Amendment Act 2022 (2022 No 80).