This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Referendums Framework Bill

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

70: Leave to pay claim after time limitation

You could also call this:

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

Illustration for Referendums Framework Bill

If you are a claimant or a registered promoter, you can ask the District Court for permission to pay a claim after the usual time limit. The Court can give permission to pay a claim that was sent in late, or a claim that was not paid on time, or a claim that was disputed and not taken to court on time. This permission can be given for claims that are covered by sections 68 and 69 of this bill.

If the Court gives permission, any money paid by the registered promoter will be treated as if it was paid on time. This means it will be considered as paid within the time limit set by section 68 of this bill. However, this does not affect how interest is calculated on the claim under the Interest on Money Claims Act 2016.

You should note that the Interest on Money Claims Act 2016 still applies to the claim, even if the Court gives permission to pay late. This is to make it clear how interest works for claims that are paid after the usual time limit. The Court's permission only affects when the payment is considered to be made, not how interest is calculated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028741.


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69: Procedure if claim disputed, or

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


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71: Invoice and receipt required for referendum expenses of $50 or more, or

"Get a receipt and invoice for referendum spending over $50"

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

70Leave to pay claim after time limitation

  1. On the application of a claimant or a registered promoter, the District Court may make an order granting leave to the registered promoter to pay—

  2. a claim for referendum expenses sent after the period specified in section 68(1); or
    1. a claim not paid in the period specified in section 68(2); or
      1. a disputed claim in respect of which an action was not brought within the period specified in section 69(1)(b).
        1. Any sum paid by the registered promoter in accordance with an order made under subsection (1) is to be treated as having been 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.