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Electoral Act 1993

Election expenses, donations, and annual financial statements - General provisions relating to donations

207JA: Duty to ascertain whether donation from overseas person

You could also call this:

"Check if election donations over $50 come from someone living overseas"

Illustration for Electoral Act 1993

If you get a donation of more than $50 for an election, you must try to find out if it came from someone who lives overseas. You need to check if the person who gave you the money is an overseas person, or if someone who lives overseas helped pay for the donation. If you discover the donation came from an overseas person, or if you think it might have, you must follow the rules in section 207K. You have to take reasonable steps to figure out where the money came from, so you can make sure you are following the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS301741.

Topics:
Government and voting > Elections
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207J: Offence relating to contravention of section 207I, or

"Breaking the rules about election agreements on purpose is against the law"

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207K: Overseas donation or contribution may not exceed $50, or

"Donations from overseas can't be more than $50, or you must return the extra amount."

Part 6AElection expenses, donations, and annual financial statements
General provisions relating to donations

207JADuty to ascertain whether donation from overseas person

  1. A candidate or party secretary who receives a donation (not being an anonymous donation) that exceeds $50 must take all reasonable steps in the circumstances to ascertain whether—

  2. the donation was made by or on behalf of an overseas person; or
    1. any contribution to the donation was made by or on behalf of an overseas person.

      1. If a candidate or party secretary ascertains that a donation or contribution to a donation was made by an overseas person, or that there are reasonable grounds to suspect that the donation or contribution was made by an overseas person, the candidate or party secretary must comply with section 207K.

      Notes
      • Section 207JA: inserted, on , by section 8 of the Electoral Amendment Act 2019 (2019 No 72).