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Referendums Framework Bill

Referendum advertising - Offences and penalties in relation to referendum advertising

78: Offence to pay referendum expenses in excess of maximum

You could also call this:

"Don't pay more than the allowed amount for referendum expenses or you might get in trouble."

Illustration for Referendums Framework Bill

If you are a registered promoter or you pay for referendum expenses, you must not pay more than the maximum amount allowed in section 45. You will be in trouble if you pay too much and you knew it was too much. You might be guilty of a corrupt practice or an illegal practice, depending on what you did.

If you did not know you were paying too much, you might still be in trouble, but you can say you tried to follow the rules. You have to prove you took all reasonable steps to ensure you did not exceed the maximum amount. This means you have to show you did everything you could to stay within the rules.

If you make a plan with someone to get around the maximum amount allowed in section 45, you will be guilty of a corrupt practice. This includes making agreements or arrangements to circumvent the rules. You must follow the rules and not try to find ways to get around them.

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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=LMS1028752.

Topics:
Government and voting > Elections
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77: Offence to incur unauthorised referendum expense, or

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

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79: Offence relating to unregistered promoter’s obligation to keep records, or

"Breaking the law by not keeping records if you're an unregistered promoter"

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

78Offence to pay referendum expenses in excess of maximum

  1. This section applies to a registered promoter or any other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any referendum expenses any sum in excess of the maximum amount referred to in section 45.

  2. The registered promoter or other person is guilty of—

  3. a corrupt practice if that person knew the payment was in excess of the maximum amount; or
    1. an illegal practice in any other case, unless the person proves that they took all reasonable steps to ensure that the referendum expenses did not exceed the maximum amount.

      1. A person who enters into an agreement, or enters into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount referred to in section 45 is guilty of a corrupt practice.