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Electoral Act 1993

Election advertising - General rules governing election advertisements

204E: Obligation to retain records necessary to verify promoter's advertising expenses

You could also call this:

"Keep records of your election ad spending for 3 years so others can check them."

Illustration for Electoral Act 1993

If you are a promoter who has not registered, you must keep records of your advertising expenses. You need to keep these records so that people can check how much you spent on election advertisements. You have to keep these records for three years after the election day.

You must take all reasonable steps to keep the records, documents, and accounts that show how much you spent on advertising. This applies to you if you were an unregistered promoter at any time during the election period.

If you do not keep these records and do not have a good reason for not doing so, you can be fined up to $40,000 if you are found guilty of not keeping the records.

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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=DLM3486966.

Topics:
Government and voting > Elections
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204D: Offence to avoid limit set out in section 204B(1)(d), or

"Don't try to cheat the election spending limit"

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204F: Election advertisement to include promoter statement, or

"Ads about elections must say who is paying for them"

Part 6AAElection advertising
General rules governing election advertisements

204EObligation to retain records necessary to verify promoter's advertising expenses

  1. This section applies to a promoter who—

  2. is an unregistered promoter:
    1. at any time during the regulated period has been an unregistered promoter.

      1. A promoter to whom this section applies must take all reasonable steps to retain the records, documents, and accounts that are necessary to enable verification of the advertising expenses incurred as an unregistered promoter in relation to an election advertisement.

      2. Subsection (2) applies until the close of the day that is 3 years after polling day for the election to which the advertisement relates.

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

      Notes
      • Section 204E: inserted, on , by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
      • Section 204E(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).