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Referendums Framework Bill

Referendum advertising - Offences and penalties in relation to referendum advertising

81: Offences relating to return of registered promoter’s referendum expenses

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"Breaking referendum expense rules can lead to big fines"

Illustration for Referendums Framework Bill

If you are a registered promoter and you do not follow the rules about reporting your expenses for a referendum, you can get in trouble. You might have to pay a fine of up to $40,000 if you do not have a good reason for not following the rules. You have to make sure the information you give is accurate, if you give false information you can be guilty of a corrupt or illegal practice. If you are not a person or a company, the person who acts on your behalf can also get in trouble if they do not follow the rules, this does not mean you are not responsible as well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028755.

Topics:
Government and voting > ElectionsMoney and consumer rights > Taxes
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80: Offence relating to registered promoter’s obligation to keep records, or

"Breaking the rule to keep records as a registered promoter can lead to a big fine."

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82: Punishment for corrupt or illegal practice, or

"Breaking referendum rules can lead to prison or big fines"

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

81Offences relating to return of registered promoter’s referendum expenses

  1. A registered promoter who fails, without reasonable excuse, to comply with section 72(2) is guilty of an offence and is liable on conviction to a fine not exceeding $40,000.

  2. A registered promoter who files a return under section 72(2) that is false in any material particular is guilty of—

  3. a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular:
    1. an illegal practice in any other case, unless the registered promoter proves that—
      1. they had no intention to misstate or conceal the facts; and
        1. they took all reasonable steps in the circumstances to ensure that the information was accurate.

        2. If the registered promoter is not an individual or a company, the registered promoter’s representative who files the return in accordance with section 72(3) is liable under subsections (1) and (2).

        3. Subsection (3) does not limit the liability of a registered promoter under subsection (1) or (2).