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Electoral Act 1993

Corrupt and illegal practices - Corrupt practices

217: Treating

You could also call this:

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

Illustration for Electoral Act 1993

If you give someone food, drink, or entertainment to influence their vote, you are committing a corrupt practice. This is called treating and it is against the law. You can do this before, during, or after an election, and it can be done directly or indirectly.

If you own a business that sells alcohol, as defined in the Sale and Supply of Alcohol Act 2012, you must not give away food, drink, or entertainment to try to influence someone's vote. You also must not give away these things to help a candidate get elected without being paid for them.

You can also commit the offence of treating if you accept food, drink, or entertainment that is given to you to influence your vote. However, having a light supper after an election meeting is allowed and does not count as treating.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310402.

Topics:
Government and voting > Elections
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216: Bribery, or

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

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218: Undue influence, or

"Forcing someone to vote a certain way or stopping them from voting freely"

Part 7Corrupt and illegal practices
Corrupt practices

217Treating

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

  2. Every person commits the offence of treating who corruptly, by himself or herself or by any other person on his or her behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person—

  3. for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or
    1. for the purpose of procuring himself or herself to be elected; or
      1. on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.

        1. Every person commits the offence of treating who, being the holder of a licence for the sale by retail of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012), knowingly supplies any food, drink, entertainment, or provision—

        2. to any person where the supply thereof is demanded for the purpose of treating, or for any corrupt or illegal practice; or
          1. to any persons, whether electors or not, for the purpose of procuring the return of a candidate or candidates at an election, and without receiving payment for it at the time when it is supplied.

            1. Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

            2. Notwithstanding anything in this section, the provision of a light supper after any election meeting shall be deemed not to constitute the offence of treating.

            Notes
            • Section 217(3): amended, on , by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).