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New Zealand law explained for everyone

Local Electoral Act 2001

Electoral donations and expenses - Electoral expenses

112AA: Offence to pay electoral expenses in excess of relevant prescribed maximum

You could also call this:

"Don't pay too much for election costs or you might get in trouble."

Illustration for Local Electoral Act 2001

You must not pay more for electoral expenses than the maximum amount set by section 111. If you do, you can get in trouble. You might have to pay a fine or even go to prison. You will get in bigger trouble if you knew you were paying too much. Then you could get a bigger fine or go to prison for up to 2 years. If you did not know, you might just get a smaller fine. You can avoid the smaller fine if you can prove you tried to stay within the limit. This means you must show you took all reasonable steps to ensure you did not pay too much for electoral expenses.

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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=DLM5324005.

Topics:
Government and voting > ElectionsCrime and justice > Criminal law
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112: Apportionment of electoral expenses, or

"Sharing election costs fairly"

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112A: Return of electoral donations and expenses, or

"Telling authorities about election donations and spending"

Part 5Electoral donations and expenses
Electoral expenses

112AAOffence to pay electoral expenses in excess of relevant prescribed maximum

  1. This section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any electoral expenses any sum in excess of the relevant maximum amount prescribed by section 111.

  2. The candidate or person commits an offence and is liable on conviction—

  3. to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she knew the payment was in excess of the relevant prescribed maximum amount; or
    1. to a fine not exceeding $5,000 in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the electoral expenses did not exceed the relevant prescribed maximum amount.

      Notes
      • Section 112AA: inserted, on , by section 34 of the Local Electoral Amendment Act 2013 (2013 No 40).