Local Electoral Act 2001

Offences

126: Treating

You could also call this:

"Bribing voters with food, drink, or entertainment to influence their vote"

Illustration for Local Electoral Act 2001

You commit the offence of treating if you give food, drink, or entertainment to someone to influence their vote. You do this if you want them to vote or not vote for someone. You also commit this offence if you give them something because they voted or did not vote. If you have a licence under the Sale and Supply of Alcohol Act 2012, you commit this offence if you supply food, drink, or entertainment to someone without payment. You do this to help a candidate get elected or to affect the result of a poll. If you are a voter and you accept something corruptly, you also commit this offence. There is an exception - having light refreshments after an election meeting is okay. If you commit the offence of treating, you can go to prison for up to 2 years.

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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=DLM94790.


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125: Bribery, or

"Giving or taking money to influence votes is against the law"


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127: Undue influence, or

"Forcing someone to vote a certain way is against the law"

Part 7Offences

126Treating

  1. Every person commits the offence of treating who corruptly, before, during, or after an election or poll, and directly or indirectly, on that person's own or by another person, gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person—

  2. for the purpose of influencing that person or any other person to vote or refrain from voting; or
    1. for the purpose of obtaining his or her election; or
      1. on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting.
        1. Every holder of a licence under the Sale and Supply of Alcohol Act 2012 commits the offence of treating who knowingly supplies any food, drink, entertainment, or provision—

        2. to any person, if the supply is demanded for 1 or more of the purposes specified in subsection (1); or
          1. to any person, whether an elector or not, for the purpose of obtaining the election of a candidate or affecting the result of a poll, and without receiving payment for it at the time when it is supplied.
            1. Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

            2. Despite subsections (1) to (3), the provision of light refreshments after any meeting relating to an election or poll does not constitute the offence of treating.

            3. Every person who commits the offence of treating is liable on conviction to imprisonment for a term not exceeding 2 years.

            Compare
            • 1976 No 144 s 58
            Notes
            • Section 126(2): amended, on , by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).
            • Section 126(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).