Electoral Act 1993

Corrupt and illegal practices - Corrupt practices

216: Bribery

You could also call this:

"Bribery: giving or getting something to influence how someone votes"

Illustration for Electoral Act 1993

If you give money or a job to someone to get them to vote for a certain person, you are committing a crime called bribery. You can also commit bribery if you do something corrupt to get someone to vote or not vote because of how they voted before. If you try to get someone to vote for a certain person by giving them something, that is also bribery.

If someone gives you money or a job to vote for a certain person, you are committing bribery too. You are also committing bribery if you get something after an election because of how you voted. The law considers anyone who can vote, or thinks they can vote, to be a voter.

When the law talks about giving money, it means giving, lending, or promising money or something valuable. It also means giving someone a job or a position. If you pay money to someone to help them bribe people to vote, you are committing bribery. But if you pay money for legal costs related to an election, that is not bribery.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM310400.


Previous

215: Personation, or

"Voting as someone else or more than once is against the law"


Next

217: Treating, or

"Bribing voters with food, drink, or entertainment is against the law"

Part 7Corrupt and illegal practices
Corrupt practices

216Bribery

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

  2. Every person commits the offence of bribery who, directly or indirectly, by himself or herself or by any other person on his or her behalf—

  3. gives any money or procures any office to or for any voter, or to or for any other person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting; or
    1. corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting; or
      1. makes any such gift or procurement as aforesaid to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person or candidates at an election or the vote of any voter,—
        1. or who, upon or in consequence of any such gift or procurement as aforesaid, procures, or engages, promises, or endeavours to procure, the return of any person or candidates at any election or 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 office 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 voter commits the offence of bribery if before or during an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

                3. Every person commits the offence of bribery if after an election he or she directly or indirectly, by himself or herself or by any other person on his or her behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

                4. In this section the term voter includes any person who has or claims to have a right to vote.