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Local Electoral Act 2001

Electoral donations and expenses - Return of electoral donations and expenses

112D: Filing a false return of electoral donations and expenses

You could also call this:

"Telling lies about election donations and expenses is against the law"

Illustration for Local Electoral Act 2001

If you are a candidate and you file a return under section 112A that has false information, you commit an offence. You can get a prison term or a fine if you knew the return was false. If you did not know, you can still get a fine, unless you can prove you did not mean to give wrong information and you tried to make sure the information was correct.

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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=DLM5324014.

Topics:
Crime and justice > Criminal lawGovernment and voting > Elections
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112C: Failure to file return of electoral donations and expenses, or

"What happens if you don't report election donations and expenses on time?"

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112E: Obligation to retain records necessary to verify return, or

"Keep records to prove your return is correct"

Part 5Electoral donations and expenses
Return of electoral donations and expenses

112DFiling a false return of electoral donations and expenses

  1. A candidate who files a return under section 112A that is false in any material particular commits an offence and is liable on conviction—

  2. to a term of imprisonment not exceeding 2 years, or a fine not exceeding $10,000, if he or she filed the return knowing it to be false in any material particular; or
    1. to a fine not exceeding $5,000 in any other case, unless the candidate proves that—
      1. he or she had no intention to misstate or conceal the facts; and
        1. he or she took all reasonable steps in the circumstances to ensure the information in the return was accurate.

        Notes
        • Section 112D: inserted, on , by section 35 of the Local Electoral Amendment Act 2013 (2013 No 40).