Electoral Act 1993

Corrupt and illegal practices - Corrupt practices

216: Bribery

You could also call this:

"Bribery: giving or taking money to influence votes"

Illustration for Electoral Act 1993

You are guilty of a corrupt practice if you commit bribery. Bribery is when you give money or a benefit to someone to influence their vote. You can also be guilty of bribery if you receive money or a benefit for voting or not voting. You can commit bribery by giving money or a benefit to someone to influence their decision to vote or not vote. This includes giving money or a benefit to someone to register or not register to vote in a certain electoral district. You can also commit bribery by receiving money or a benefit for influencing someone's vote. If you pay money to someone to bribe voters, you are committing bribery. You are also committing bribery if you receive money for bribing voters. However, paying money for legal expenses related to an election is not considered bribery. The term 'voter' includes anyone who has the right to vote. You can commit bribery by receiving money or a benefit for voting or not voting, or for influencing someone's vote.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310400.

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217: Treating, or

"Bribing voters with food, drink, or entertainment is called treating"

Part 7Corrupt and illegal practices
Corrupt practices

216Bribery

  1. Every person is guilty of a corrupt practice who commits the offence of bribery.

  2. A person commits the offence of bribery if the person directly, indirectly, or by an agent—

  3. gives any money to, or procures any benefit for, a voter to induce the voter to—
    1. vote or refrain from voting; or
      1. refrain from registering as an elector of an electoral district; or
        1. register on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or
        2. gives any money to, or procures any benefit for, another person on behalf of any voter to induce the voter to—
          1. vote or refrain from voting; or
            1. refrain from registering as an elector of an electoral district; or
              1. register on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or
              2. gives any money to, or procures any benefit for, any person for that person to induce any voter to—
                1. vote or refrain from voting; or
                  1. refrain from registering as an elector of an electoral district; or
                    1. register on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or
                    2. gives any money to, or procures any benefit for, any person, corruptly, on account of any voter having—
                      1. voted or refrained from voting; or
                        1. refrained from registering as an elector of an electoral district; or
                          1. registered on the roll for a General electoral district and not a Māori electoral district, or registered on the roll for a Māori electoral district and not a General electoral district; or
                          2. gives any money to, or procures any benefit for, any other person to induce the other person to procure—
                            1. the return of any candidate or candidates at an election; or
                              1. the vote of any voter; or
                              2. receives any money, or obtains any benefit, for procuring or agreeing to procure—
                                1. the return of any candidate or candidates at an election; or
                                  1. the vote of any voter.
                                  2. For the purposes of this section,—

                                  3. references to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration:
                                    1. references to procuring any benefit shall include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure, any office, place, or employment.
                                      1. Every person commits the offence of bribery who—

                                      2. advances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof shall be expended in bribery at any election; or
                                        1. knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.
                                          1. The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election.

                                          2. A person commits the offence of bribery if the person directly, indirectly, or by an agent receives, or agrees to receive, any money, benefit, office, place, or employment for themselves, or any other person, for—

                                          3. agreeing to vote, or voting; or
                                            1. agreeing to refrain from voting, or refraining from voting; or
                                              1. agreeing to refrain from registering as an elector of an electoral district, or refraining from registering as an elector of an electoral district; or
                                                1. agreeing to register, or registering, as an elector of a General electoral district and not a Māori electoral district, or as an elector of a Māori electoral district and not a General electoral district; or
                                                  1. agreeing to induce, or inducing, a person to—
                                                    1. vote or refrain from voting; or
                                                      1. refrain from registering as an elector of an electoral district; or
                                                        1. register on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district.
                                                        2. A person commits the offence of bribery if the person directly, indirectly, or by an agent receives any money or benefit for having, or for any other person having,—

                                                        3. voted or refrained from voting; or
                                                          1. refrained from registering as an elector of an electoral district; or
                                                            1. registered on the roll for a General electoral district and not a Māori electoral district, or registered on the roll for a Māori electoral district and not a General electoral district; or
                                                              1. induced a person to—
                                                                1. vote or refrain from voting; or
                                                                  1. refrain from registering as an elector of an electoral district; or
                                                                    1. register on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district.
                                                                    2. In this section the term voter includes any person who has or claims to have a right to vote.

                                                                    Notes
                                                                    • Section 216(2): replaced, on , by section 46(1) of the Electoral Amendment Act 2025 (2025 No 82).
                                                                    • Section 216(3)(b): amended, on , by section 46(2) of the Electoral Amendment Act 2025 (2025 No 82).
                                                                    • Section 216(6): replaced, on , by section 46(3) of the Electoral Amendment Act 2025 (2025 No 82).
                                                                    • Section 216(7): replaced, on , by section 46(4) of the Electoral Amendment Act 2025 (2025 No 82).