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Electoral Act 1993

Loans - Disclosure of loans

214GC: Offences relating to return of candidate loans

You could also call this:

"Breaking the rules about reporting candidate loans can lead to big fines or worse."

Illustration for Electoral Act 1993

If you are a candidate, you commit an offence if you file a return of candidate loans under section 214GA during the late period without a reasonable excuse. You can be fined up to $40,000 if you are convicted. You must have a good reason for filing late.

If you file a return of candidate loans after the late period, or you do not file one at all, you are guilty of a corrupt practice. You can also be guilty of a corrupt practice if you file a return that you know is false.

If you file a false return but you did not mean to, you might be guilty of an illegal practice. However, you can avoid this if you can prove that you did not mean to misstate or conceal the facts and you took all reasonable steps to ensure the information was accurate. If you are charged with knowingly filing a false return, you can still be convicted of filing a false return without knowing it was false.

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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=LMS807852.

Topics:
Government and voting > ElectionsCrime and justice > Criminal law
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"Telling them you have no loans as a candidate"

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"The Electoral Commission must report serious rule-breakers to the Police."

Part 6BLoans
Disclosure of loans

214GCOffences relating to return of candidate loans

  1. A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate loans under section 214GA during the late period.

  2. A candidate is guilty of a corrupt practice if the candidate, without reasonable excuse,—

  3. files a return of candidate loans under section 214GA after the late period; or
    1. fails to file a return of candidate loans under section 214GA.

      1. A candidate who files a return of candidate loans under section 214GA that is false in any material particular is guilty of—

      2. a corrupt practice if the candidate filed the return knowing it to be false in any material particular; or
        1. an illegal practice in any other case unless the candidate proves that—
          1. the candidate had no intention to misstate or conceal the facts; and
            1. the candidate took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

            2. A candidate charged with an offence against subsection (3)(a) may be convicted of an offence against subsection (3)(b).

            Notes
            • Section 214GC: inserted, on , by section 18 of the Electoral Amendment Act 2022 (2022 No 80).