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Local Electoral Act 2001

Offences - General provisions

138: Duty to take action in respect of offences

You could also call this:

"Electoral officers must report law-breaking to the Police"

Illustration for Local Electoral Act 2001

If you are an electoral officer and you get a written complaint that someone has broken the law under Part 5, Part 5A, or this Part, you must take action. You must report the complaint to the Police and give them any details that might be helpful. You also have to report it if you believe someone has broken the law for any other reason. You are not the only one who can report something to the Police, anyone can do it. However, if a candidate forgets to file a return under section 112A but does it promptly after you ask them to, you do not have to report it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95306.

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Part 7Offences
General provisions

138Duty to take action in respect of offences

  1. Subsection (2) applies if an electoral officer—

  2. receives a written complaint that an offence has been committed under—
    1. Part 5; or
      1. Part 5A; or
        1. this Part; or
        2. believes for any other reason that an offence has been committed under either of the Parts specified in paragraph (a).

          1. If this subsection applies, the electoral officer must—

          2. report the complaint or belief to the Police; and
            1. provide the Police with the details of any inquiries that he or she considers may be relevant.

              1. Subsection (2) does not prevent any person from reporting an alleged offence to the Police.

              2. Despite subsection (2), an electoral officer is not required to report the failure by a candidate to file a return under section 112A if the candidate files the return promptly after being required to do so by the electoral officer.

              Notes
              • Section 138: replaced, on , by section 41 of the Local Electoral Amendment Act 2013 (2013 No 40).
              • Section 138(1)(a)(ii): replaced, on , by section 4 of the Local Electoral Amendment Act (No 2) 2013 (2013 No 123).
              • Section 138(1)(a)(iii): inserted, on , by section 4 of the Local Electoral Amendment Act (No 2) 2013 (2013 No 123).