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Referendums Framework Bill

Referendum advertising - Registered promoters - Claims against registered promoters for payment of referendum expenses

69: Procedure if claim disputed

You could also call this:

"What happens if someone disputes your claim for referendum expenses?"

Illustration for Referendums Framework Bill

If you send a claim for referendum expenses to a registered promoter and they dispute it, or do not pay it within 40 working days, the claim becomes a disputed claim. You can then take the registered promoter to court to try to get the money you are owed, and you must do this within 20 working days after the 40 working days are over. The court can make a judgment or order that says the registered promoter must pay you.

If the court says the registered promoter must pay you, and they do pay, it is like they paid on time, as per the rules in section 68(2). This means it will be treated as if they paid within the time limit.

When the court makes a decision, it does not affect how interest is calculated on the money you are owed, according to the Interest on Money Claims Act 2016, this is just to make things clear.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028740.


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68: Periods for claiming and paying registered promoter’s referendum expenses, or

"Claiming and paying referendum expenses: time limits for promoters"


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70: Leave to pay claim after time limitation, or

"Asking the court to accept a late payment for a claim"

Part 3Referendum advertising
Registered promoters: Claims against registered promoters for payment of referendum expenses

69Procedure if claim disputed

  1. If a registered promoter, in the case of a claim for referendum expenses sent to the registered promoter within the period of 20 working days specified in section 68(1), disputes the claim, or fails to pay the claim within the period of 40 working days specified in section 68(2), then—

  2. the claim is to be treated as a disputed claim; and
    1. the claimant may, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.
      1. Any sum paid by the registered promoter in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 68(2).

      2. To avoid doubt, subsection (2) has no effect for the purposes of applying the Interest on Money Claims Act 2016 in respect of the claim.