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 - Offences and penalties in relation to referendum advertising

76: Illegal practice to avoid limit set out in section 44(b)

You could also call this:

"Don't cheat to spend more than allowed on referendum advertising"

Illustration for Referendums Framework Bill

If you are promoting a referendum and you are not registered, you cannot make a deal with someone else to get around the spending limit set out in [section 44(b)](section 44(b)). You cannot work with others to spend more than you are allowed. A group or company cannot tell its members to do things to get around the spending limit set out in [section 44(b)](section 44(b)).

If a group or company wants to get around the spending limit, it cannot tell its members to take certain actions. You cannot create multiple groups or companies to get around the spending limit set out in [section 44(b)](section 44(b)). If you do any of these things on purpose, you will be doing something illegal.

If you break these rules on purpose, you will be guilty of an illegal practice, which means you have done something wrong under the proposed law. This law is trying to stop people from getting around the rules about how much they can spend on referendum advertising. You should be aware of these rules if you are involved in promoting a referendum.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028750.


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75: Illegal practices, or

"Breaking referendum advertising rules on purpose"


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77: Offence to incur unauthorised referendum expense, or

"Breaking referendum expense rules on purpose is against the law"

Part 3Referendum advertising
Offences and penalties in relation to referendum advertising

76Illegal practice to avoid limit set out in section 44(b)

  1. An unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount specified in section 44(b).

  2. A body corporate or unincorporated may not encourage its members to take any action for the purpose of circumventing the maximum amount referred to in section 44(b).

  3. No person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount referred to in section 44(b).

  4. A person who wilfully contravenes any of subsections (1) to (3) is guilty of an illegal practice.