Electoral Amendment Act 2014

1: Title
This Act is the Electoral Amendment Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Principal Act
This Part amends the Electoral Act 1993 principal Act 2014-03-25 Electoral Act 1993
4: Section 3 amended (Interpretation)
In section 3(1) approved electronic medium mental impairment representative
a: in relation to a person who is outside New Zealand, or who has a physical impairment,—
i: a person who is a registered elector:
ii: an attorney appointed under a power of attorney:
b: in relation to a person who has a mental impairment,—
i: a person who is a registered elector:
ii: a welfare guardian appointed under section 12(1) of the Protection of Personal and Property Rights Act 1988:
iii: an attorney appointed under an enduring power of attorney .
5: New subpart 1 heading in Part 4 inserted
Before section 62
1: Registration of political parties
.
6: Section 63 amended (Application for registration)
1: In section 63(2)(d)(ii) component party ; and
2: After section 63(2)(d)
e: must be accompanied by the application fee payable under section 63A
7: Section 63A replaced (Application for registration of party logo)
Replace section 63A
63A: Application fee
1: The fee payable on making an application under section 63 is $500 (inclusive of goods and services tax).
2: The fee must be paid by—
a: direct credit to a bank account nominated by the Electoral Commission; or
b: bank cheque.
8: Section 64 amended (Times when registration prohibited)
1: In section 64(1) or any application for the registration of the logo of a political party
2: Repeal section 64(2)
9: Section 65A repealed (Certain logos not to be registered)
Repeal section 65A
10: Section 67A repealed (Registration of party logos)
Repeal section 67A
11: Section 68A repealed (Inspection of party logos)
Repeal section 68A
12: Section 69 replaced (Changes to Register)
Replace section 69
69: Changes to Register of Political Parties
1: A person described in section 63(1) may, on behalf of a political party, apply to the Electoral Commission to—
a: change the name of the party:
b: change the abbreviation of the name of the party.
2: Section 63 (except subsection (2)(e)
13: Section 69A repealed (Changes to party logos)
Repeal section 69A
14: Section 70A repealed (Cancellation of registration of party logo)
Repeal section 70A
15: New subpart 2 of Part 4 inserted
After section 71B
2: Registration of party logos
71C: Application for registration of party logo
1: An application may be made to the Electoral Commission to register the logo of a political party if the political party—
a: is registered under subpart 1
b: is unregistered, but an application has been made under subpart 1
2: An application to register a party logo—
a: may be made by—
i: the secretary of the party; or
ii: any member of Parliament who is a current financial member of the party; and
b: must—
i: be in writing; and
ii: be signed by the applicant; and
iii: be accompanied by—
A: 2 identical representations of the party logo in a form satisfactory to the Electoral Commission that show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and
B: a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and
iv: be accompanied by a declaration, made by the applicant in the manner provided for by section 9 of the Oaths and Declarations Act 1957, that the use of the logo by the political party will not be an infringement of an intellectual property right of any person, or a breach of any enactment; and
v: set out—
A: the name and address of the applicant, and the capacity in which he or she makes the application; and
B: the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.
3: On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.
4: Subsection (3)
a: receives from any person described in subsection (2)(a)
b: is satisfied the written notice is given by that person on behalf of the party.
71D: Grounds on which registration refused
1: The Electoral Commission must refuse an application to register the logo of a political party if—
a: the Electoral Commission has determined that the political party's application for registration should be refused (in the case of an application made under section 71C(1)(b)
b: the application does not comply with—
i: section 71C(2)(b)(iii)
ii: section 71C(2)(b)(iv)
c: the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv)
d: the Electoral Commission is of the opinion that the logo—
i: is indecent; or
ii: is offensive; or
iii: is likely to cause confusion or mislead electors; or
iv: contains any reference to a title or an honour or a similar form of identification.
2: If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of—
a: the refusal; and
b: the reasons for the refusal.
71E: Times when registration of party logos prohibited
No action may be taken in relation to any application made under section 71C
a: in relation to a general election,—
i: commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and
ii: ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and
b: in relation to a by-election,—
i: commences on the date beginning with the issue of the writ for the by-election; and
ii: ends with the day appointed as the latest day for the return of the writ for the by-election.
71F: Registration of party logos
If, on receipt of an application under section 71C
a: register the logo of the political party in the Register of Political Parties established under section 62(2); and
b: give written notice of the registration to the applicant; and
c: arrange for the registration to be published in the Gazette
71G: Inspection of party logos
The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every party logo that is, or has been, registered in the Register of Political Parties.
71H: Changes to party logos
1: A person described in section 71C(2)(a)
a: vary the form of the party logo; or
b: substitute a new party logo; or
c: amend the party logo to refer to the new name of the party in any case where there has been a change in the party name.
2: Sections 71C to 71F subsection (1)
71I: Cancellation of registration of party logo
1: The Electoral Commission must cancel the registration of the logo of a political party if—
a: a person described in section 71C(2)(a)
b: the registration of the political party is cancelled under section 70; or
c: the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.
2: Section 71E subsection (1)(a)
3: If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—
a: give written notice of the cancellation and the reasons for the cancellation to—
i: the applicant, if the registration of the logo was cancelled under subsection (1)(a) section 71C(2)(a)(ii)
ii: the secretary of the political party; and
b: arrange for the cancellation to be published in the Gazette
16: Section 78 replaced (Exercise of Maori option)
Replace section 78
78: Exercise of Maori option
1: A Maori who is registered as an elector on the first day of an option period may exercise once in that period the Maori option.
2: The Registrar must send by post on the first day of an option period a notice in the prescribed form to—
a: every person registered as an elector of a Maori electoral district; and
b: every person registered as an elector of a General electoral district who has,—
i: in his or her application for registration as an elector, specified that he or she is a Maori; or
ii: in response to an inquiry under section 89D
3: Subsection (4)
a: who receives a notice sent under subsection (2)
b: who,—
i: being registered as an elector of a Maori electoral district, wishes to be registered as an elector of a General electoral district; or
ii: being registered as an elector of a General electoral district, wishes to be registered as an elector of a Maori electoral district.
4: A Maori to whom this subsection applies may exercise the Maori option by advising whether he or she wishes to be registered as an elector of—
a: a General electoral district; or
b: a Maori electoral district.
5: A Maori who wishes to exercise the Maori option under subsection (4)
a: indicating his or her choice on the notice received under subsection (2)
b: indicating his or her choice using an approved electronic medium:
c: completing an application for registration as an elector in accordance with section 83
6: A Maori who is outside New Zealand, or who has a physical or mental impairment may exercise the Maori option through a representative, and section 86
7: On receipt of any advice under subsection (5)
8: Advice received under subsection (5)
a: the definition of electoral roll in section 3(1); and
b: sections 89A
9: A Maori who receives a notice sent under subsection (2)
10: If a notice returned to a Registrar under subsection (5)(a)
11: If a notice returned to a Registrar under subsection (5)(a)
12: For the purposes of this section,— Maori option option period person registered as an elector section 82(2)
17: Sections 82 to 86 replaced
Replace sections 82 to 86
82: Compulsory registration of electors
1: A person who is qualified to be registered as an elector of any electoral district and who is in New Zealand must apply to a Registrar of Electors for registration as an elector—
a: within 1 month after the date on which he or she first becomes qualified to be registered as an elector:
b: within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 89G
2: Any person aged 17 years or older, but under 18 years, may apply to a Registrar of Electors for registration as an elector, and that person is not then required to apply for registration as an elector on attaining the age of 18 years.
3: A person who is qualified to be registered as an elector of any electoral district and who is outside New Zealand may apply at any time to a Registrar of Electors for registration as an elector.
4: Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76.
5: A person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to apply.
6: A person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector.
7: A person who commits an offence against this section is liable on conviction to a fine not exceeding—
a: $100 on a first conviction; and
b: $200 on a second or subsequent conviction.
83: Application for registration
1: An application for registration as an elector may be made to a Registrar of Electors—
a: in writing, by completing and signing the prescribed form and returning it to the Registrar of Electors; or
b: in an approved electronic medium, by providing the information necessary to complete the prescribed form.
2: An application for registration as an elector must state, in respect of the person making the application,—
a: the person's full name; and
b: the person's date of birth; and
c: the place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and
d: the person's postal address, if different from the address given under paragraph (c)
e: the person's occupation, if any; and
f: the honorific (if any) by which the person wishes to be addressed; and
g: whether or not the person is a Maori; and
h: any other particulars that are prescribed in regulations.
3: A Registrar of Electors may reject an application for registration as an elector if—
a: the application is made under subsection (1)(a)
i: signed; or
ii: completed with the details specified in subsection (2)(a), (b), (c), and (h)
b: the application is made under subsection (1)(b) subsection (2)(a), (b), (c), and (h)
4: If a person does not specify in his or her application whether he or she is a Maori, this Act applies as if the person had specified in his or her application that he or she is not a Maori.
5: An application for registration as an elector that is rejected by the Registrar of Electors is treated as not having been made.
6: Where it appears to a Registrar of Electors that a person who has applied for registration as an elector in an electoral district is qualified to be registered as an elector in another electoral district, the Registrar must immediately send that person's application to the Registrar of Electors of that other district.
84: Registration of persons outside New Zealand
A person who is outside New Zealand may apply for registration as an elector under section 83 section 86
85: Registration of persons who have physical or mental impairment
A person who has a physical or mental impairment may apply for registration as an elector under section 83 section 86
86: Representatives
1: A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that—
a: sets out the capacity in which he or she is acting; and
b: confirms that he or she is duly authorised to act in making that application or providing that information.
2: A statement under subsection (1)
a: in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or
b: in an approved electronic medium, by providing the information necessary to complete the form.
18: Section 87 renumbered (Procedure following application for registration)
Section 87 section 89
19: Section 87A renumbered (Procedure if immigration status means applicant apparently not qualified to be registered)
Section 87A section 87
20: Section 88 amended (Application received after issue of writ)
1: In section 88(2)(b) ; or
2: Repeal section 88(2)(c)
21: Section 89 repealed (Notice of registration)
Repeal section 89
22: New sections 89A to 89G and cross-headings inserted
After section 89
89A: Notice of registration
The Registrar must, not later than 14 days after the registration of a person as an elector, deliver to that person personally, or send to that person by post, written notice of the registration. Change of address
89B: Elector must give notice of change of place of residence within electoral district
1: This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district.
2: The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—
a: the change of his or her place of residence; and
b: the address of the new place of residence.
3: Notice under subsection (2)
a: in writing to the Registrar for the electoral district in which the elector resides; or
b: in an approved electronic medium.
4: An elector who has a physical or mental impairment may give notice under subsection (2) section 86
5: On receiving a notice under subsection (2)
a: amend the roll to record the change in the elector's place of residence; and
b: give confirmation to the elector, in accordance with section 94A, of that amendment.
6: An elector who knowingly and wilfully fails to comply with subsection (2)
a: commits an offence and is liable on conviction to a fine—
i: not exceeding $50 on a first conviction; and
ii: not exceeding $100 on any subsequent conviction; but
b: is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered.
7: Despite subsection (6) subsection (2)
89C: Elector must give notice of change of place of residence to different electoral district
1: This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district
2: After continuously residing in the new electoral district for a period of 1 month, the elector must, before the end of a further 1-month period, give notice of—
a: the change in his or her place of residence; and
b: the address of his or her new place of residence.
3: Notice under subsection (2)
a: in an approved electronic medium; or
b: by applying, under section 83
c: in writing (personally, or through an agent) to—
i: Registrar B; or
ii: Registrar A.
4: An elector who has a physical or mental impairment may give notice under subsection (2) section 86
5: If notice under subsection (2) subsection (3)(a)
a: register that elector, in accordance with section 89
b: give notice of that registration to—
i: the elector, in accordance with section 89A
ii: Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.
6: If notice under subsection (2) subsection (3)(b)
a: deal with the application in accordance with sections 88 to 89A
b: if he or she registers the name of the elector on roll B, give notice of that registration to Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.
7: If notice under subsection (2) subsection (3)(c)(i)
8: If notice under subsection (2) subsection (3)(c)(ii) subsection (7) subsections (9) to (13)
9: If Registrar A believes that at least 1 month has elapsed since the change in the elector's place of residence, Registrar A must send to the elector a request for confirmation of the elector's new place of residence.
10: A request under subsection (9)
a: in writing, in the prescribed form, and contain—
i: the particulars of the enrolment of the elector to whom it is addressed; and
ii: the address of the elector's new place of residence; and
iii: provision for the elector to make changes to the information referred to in subparagraphs (i) and (ii)
b: in an approved electronic medium that enables the elector to make changes to—
i: the elector's particulars of enrolment; and
ii: the particulars of the address of the elector’s new place of residence.
11: An elector who receives a request made pursuant to subsection (10)(a)
12: An elector who receives a request made pursuant to subsection (10)(b)
13: After a form is returned under subsection (11) subsection (12)
a: register that elector, in accordance with section 89
b: give notice of that registration to—
i: the elector in accordance with section 89A
ii: Registrar A, who must, in accordance with section 98(1)(a), remove the elector's name from roll A.
14: An elector who knowingly or wilfully fails to comply with subsection (2)
a: not exceeding $100 on a first conviction; and
b: not exceeding $200 on any subsequent conviction.
15: Despite subsection (14) subsection (2)
16: In this section,— Registrar A Registrar B roll A roll B Updating of electoral rolls
89D: Inquiry to be made to update electoral rolls
1: Every Registrar must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of the district.
2: An inquiry must be made,—
a: where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and
b: at any other time directed by the Electoral Commission.
3: In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001, every Registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who—
a: is registered as an elector of that district; and
b: appears from those particulars to reside within that local government area.
4: If a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll.
5: Every inquiry made under subsection (1)
a: be in the prescribed form; and
b: contain the particulars on the roll for the elector to whom it is addressed; and
c: require the elector, if any of those particulars have changed or are incorrect, to notify the Registrar by—
i: changing or correcting on the form where provided any particular that is wrong, and returning the form; or
ii: using an approved electronic medium to make any change or correction required to the particulars.
6: An elector who has a physical or mental impairment may give a notification required by subsection (5) section 86
7: For the purposes of this section,—
a: a person registered as an elector
b: the particulars contained in the application to register are the particulars on the roll for that person.
89E: No inquiry required if application for registration as elector received
If a Registrar receives, during an inquiry under section 89D(1)
a: that application is deemed to be a completed form for the purposes of section 89D
b: the Registrar must notify that elector that he or she will not receive an inquiry under section 89D
89F: Procedure following inquiry under section 89D
1: If, following an inquiry under section 89D section 89D(5)(c)
a: the Registrar must,—
i: in accordance with section 98(1)(a), remove the elector's name from the roll for the district in which the elector previously resided; and
ii: ensure that the notification is sent to the Registrar for the new electoral district (the new Registrar
b: the notification is deemed to be an application for registration for the purposes of section 82
c: the new Registrar must register that elector, in accordance with section 89
2: If, following an inquiry under section 89D section 89D(5)(c) subsection (1)
3: An elector remains on the roll and his or her particulars on the roll remain unchanged if—
a: the Registrar does not receive from the elector a form or information under section 89D(5)(c)
b: the Registrar receives from the elector a form or information under section 89D(5)(c)
4: A form that a person intends to return, or returns, under section 89D(5)(c)(i) subsections (1)(a), (2), and (3) of section 83
5: Information that an elector intends to supply, or supplies, electronically under section 89D(5)(c)(ii)
a: is not an application in respect of registration as an elector required by section 83(1)(a)
b: may be rejected for incompleteness under section 83(3) section 83(2)(a), (b), (c), and (h)
89G: Elector who cannot be contacted to be included in dormant roll
1: This section applies if—
a: a Registrar is notified that an inquiry made under section 89D(1) section 78(2)
b: at any other time, the elector cannot be contacted at the elector’s address on the roll.
2: If this section applies, a Registrar must—
a: make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Electoral Commission directs; and
b: if the Registrar is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.
23: Sections 90 and 91 and cross-heading above section 90 repealed
Repeal sections 90 91
24: Section 127A amended (Deposit by party secretary)
Replace section 127A(2)
2: The deposit must be paid by—
a: direct credit to a bank account nominated by the Electoral Commission; or
b: bank cheque.
25: Section 146F amended (Deposit payable in respect of bulk nomination schedule)
Replace section 146F(2)
2: The deposit must be paid in 1 lump sum by—
a: direct credit to a bank account nominated by the Electoral Commission; or
b: bank cheque.
26: Section 167 amended (Issue of ordinary ballot papers)
Replace section 167(2)
2: An elector who applies to vote must—
a: verbally give or verbally confirm his or her name; and
b: give or confirm any other particulars that may be necessary to find the elector's name on the rolls.
2A: If an elector is unable to comply with the requirement in subsection (2)(a)
a: gesture; or
b: any other means with the assistance of a person nominated by the elector who is present with the elector.
27: Section 174C amended (Preliminary count of early votes)
In section 174C(5)(a) 3 pm 2 pm
28: Section 174F amended (Scrutineers for count of early votes)
In section 174F(4) 2.30 pm 1.30 pm
29: Section 205M amended (Return may be filed after time limitation if candidate outside New Zealand)
1: In section 205M(1) made ( election result day
2: Replace section 205M(2)
2: The candidate must file a return of election expenses with the Electoral Commission within 85 working days after election result day.
30: Section 205N amended (Offences relating to return of candidate's election expenses)
Replace section 205N(1)
1: A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 205K during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period
1A: A candidate is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of election expenses under section 205K after the late period; or
b: fails to file a return of election expenses under section 205K.
31: Section 206I amended (Return of party's election expenses)
Replace section 206I(1)
1: Within 90 working days after polling day, a party secretary must file a return of the party's election expenses with the Electoral Commission.
32: Section 206N amended (Offences relating to return of party's election expenses)
Replace section 206N(1)
1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206I during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period
1A: A party secretary is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of election expenses under section 206I after the late period; or
b: fails to file a return of election expenses under section 206I.
33: Section 206ZE amended (Offences relating to return of registered promoter's election expenses)
Replace section 206ZE(1)
1: A registered promoter commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206ZC during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period
1A: A registered promoter is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of election expenses under section 206ZC after the late period; or
b: fails to file a return of election expenses under section 206ZC.
34: Section 207C amended (Contributors to be identified)
Replace section 207C(2) and (3)
2: If this section applies to a donation, the donor must, at the time of making the donation, disclose—
a: the fact that the donation is funded from contributions; and
b: the following information about any contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds $1,500 in sum or value:
i: the name of the contributor; and
ii: the address of the contributor; and
iii: whether the contributor is an overseas person within the meaning of section 207K; and
iv: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
c: the total of all of the amounts disclosed under paragraph (b)(iv)
d: the total of all of the other contributions made in relation to the donation.
35: Section 207K amended (Overseas donation or contribution may not exceed $1,500)
In section 207K(3) from an overseas person made by or on behalf of an overseas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $1,500
36: Section 209 amended (Return of candidate donations)
1: Replace section 209(1)(b)
b: whether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) .
2: In section 209(1)(e) exceeds $1,500 , either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500
3: Replace section 209(3)
3: The details referred to in subsection (1)(b)
a: the name of the contributor; and
b: the address of the contributor; and
c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
d: the date on which the donation funded from contributions was made.
4: In section 209(5A)(c) contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions
37: Section 209B amended (Offences relating to return of candidate donations)
Replace section 209B(1)
1: A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate donations under section 209 during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period
1A: A candidate is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of candidate donations under section 209 after the late period; or
b: fails to file a return of candidate donations under section 209.
38: Section 210 amended (Annual return of party donations)
1: In section 210(1) by 30 April in each year, a return of the party donations setting out, for the year ending with the immediately preceding 31 December, for each year, a return of party donations setting out
2: Replace section 210(1)(b)
b: whether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) .
3: In section 210(1)(da) exceeds $1,500 , either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $1,500
4: Replace section 210(3)
3: The details referred to in subsection (1)(b)
a: the name of the contributor; and
b: the address of the contributor; and
c: the amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and
d: the date on which the donation, or each related donation, funded from contributions was made.
5: In section 210(5A)(c) contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions
6: Replace section 210(7)
7: A return must—
a: be filed by 30 April of the following year; and
b: be in the form required by the Electoral Commission; and
c: be accompanied by an auditor's report obtained under section 210A.
7: After section 210(8)
9: In this section, year
39: Section 210C amended (Return of party donation received from same donor exceeding $30,000)
1: In section 210C(4)(d) received ; and
2: After section 210C(4)(d)
e: the following details in respect of every contribution to the donation made by or on behalf of the same contributor that exceeds $30,000:
i: the name of the contributor; and
ii: the address of the contributor; and
iii: the amount of the contribution.
40: Section 210D amended (Offences relating to return of party donations)
1: Replace section 210D(1)
1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,—
a: files a return of party donations under section 210 during the late period:
b: files a return of party donations under section 210C during the late period.
1A: A party secretary is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of party donations under section 210 or 210C after the late period; or
b: fails to file a return of party donations under—
i: section 210:
ii: section 210C.
2: After section 210D(2)
3: In this section, late period
41: New Part 6B inserted
Before Part 7
6B: Loans
211: Application of this Part
This Part applies to loans entered into on behalf of parties.
1: General provisions relating to loans
212: Interpretation
In this Part,— lender loan
a: means a written or an oral agreement or arrangement under which a lender lends money or agrees to lend money in the future at specified dates or on request or on the occurrence of a particular event; but
b: does not include any money lent by a registered bank at a commercial interest rate loan amount
a: the amount of money lent by the lender under the loan; or
b: where any money may be lent under the loan in the future, the maximum amount that may be owed at any one time; or
c: the total of the amounts in paragraphs (a) and (b) registered bank
213: Party secretary may enter into loan on behalf of party
1: A party may enter into a loan only with the authorisation of the party secretary.
2: Only the party secretary may enter into a loan on behalf of the party.
3: If the party secretary enters into a loan that is not in writing, the party secretary must, as soon as is reasonably practicable, make a written record of the loan.
4: A loan entered into in contravention of this section is an illegal contract for the purposes of the Illegal Contracts Act 1970.
214: Offence to enter into unauthorised loan
A person is guilty of—
a: a corrupt practice who wilfully contravenes section 213
b: an illegal practice who contravenes section 213
214A: Offence to enter into arrangement to circumvent section 213, 214C, or 214F
A person who enters into an agreement, arrangement, or understanding with any other person for the purpose of circumventing section 213 section 214C or 214F
214B: Records of loans
1: A party secretary must keep proper records of all loans entered into on behalf of the party.
2: A party secretary who fails, without reasonable excuse, to comply with subsection (1)
2: Disclosure of loans
214C: Annual return of loans
1: A party secretary must file with the Electoral Commission, for each year, a return setting out—
a: the details specified in subsection (2)
i: every loan entered into during the year that has a loan amount exceeding $15,000; and
ii: every loan entered into in any previous year that—
A: has a loan amount exceeding $15,000; and
B: at the close of 31 December of the year for which the return is filed, has an unpaid balance exceeding $15,000; and
b: the details specified in subsection (3)
i: the loan amounts of all other loans provided by the same lender during the year; or
ii: the unpaid balances of any loans provided by the same lender during any previous year; and
c: the details specified in subsection (4)
2: The details referred to in subsection (1)(a)
a: the name of the lender; and
b: the address of the lender; and
c: the loan amount; and
d: the date on which the loan was entered into; and
e: the repayment date for the loan, or a statement that there is no repayment date; and
f: the interest rate or rates; and
g: the unpaid balance of the loan amount, if any; and
h: the name and address of any guarantor of the loan; and
i: the details of any security given for the loan; and
j: whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.
3: The details referred to in subsection (1)(b)
a: the details specified in subsection (2)
b: the total of the aggregated loan amount.
4: The details referred to in subsection (1)(c)
a: the number of loans; and
b: the total of the aggregated loan amounts.
5: A return must—
a: be filed by 30 April of the following year; and
b: be in a form required by the Electoral Commission; and
c: be accompanied by an auditor's report obtained under section 214D
6: In this section, year
7: Despite anything in subsection (1)
214D: Auditor's report on annual return of loans
1: A party secretary must, before the Electoral Commission receives the return required by section 214C
2: The auditor must state in the report whether, in the auditor's opinion, the return fairly reflects the loans entered into by the party.
3: The auditor must make any examinations that the auditor considers necessary.
4: The auditor must specify in the report any case in which—
a: the return does not, in the auditor's opinion, fairly reflect the loans entered into by or on behalf of the party:
b: the auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties:
c: proper records of loans entered into by or on behalf of the party have not, in the auditor's opinion, been kept by the party secretary.
5: The auditor—
a: must have access at all reasonable times to all records, documents, and accounts that relate to the loans entered into by or on behalf of the party and that are held by the party or the party secretary; and
b: may require the party secretary to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.
214E: Nil return
If a party secretary considers that there is no relevant information to disclose under section 214C
214F: Return of loan provided by same lender exceeding $30,000
1: A party secretary must file with the Electoral Commission a return in respect of every loan entered into that has a loan amount exceeding $30,000.
2: A party secretary must file with the Electoral Commission a return in respect of every loan entered into—
a: that is provided by a lender who, in the 12 months immediately preceding the date on which the loan was entered into (the last 12 months previous loans
b: that exceeds $30,000 when the amount of the loan is aggregated with the loan amounts of all the previous loans.
3: If a return is made under subsection (2)
4: A return filed under subsection (1)
a: the name of the lender; and
b: the address of the lender; and
c: the loan amount; and
d: the date on which the loan was entered into; and
e: the repayment date for the loan, or a statement that there is no repayment date; and
f: the interest rate or rates; and
g: the unpaid balance of the loan amount, if any; and
h: the name and address of any guarantor of the loan; and
i: the details of any security given for the loan; and
j: whether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.
5: A return filed under subsection (2)
a: the details specified in subsection (4)
i: the loan; and
ii: all previous loans; and
b: the total of the aggregated loan amount.
6: A return must be filed under subsection (1) or (2)
214G: Offences relating to return of party loans
1: A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,—
a: files a return of party loans under section 214C
b: files a return of party loans under section 214F
2: A party secretary is guilty of a corrupt practice who, without reasonable excuse,—
a: files a return of party loans under section 214C or 214F
b: fails to file a return of party loans under—
i: section 214C
ii: section 214F
3: A party secretary who files a return under section 214C or 214F
a: a corrupt practice if he or she filed the return knowing it to be false in any material particular; or
b: an illegal practice in any other case unless the party secretary proves that—
i: he or she had no intention to misstate or conceal the facts; and
ii: he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.
4: A party secretary charged with an offence against subsection (3)(a) subsection (3)(b)
5: In this section, late period
214H: Duty of Electoral Commission
1: If the Electoral Commission believes that any person has committed an offence specified in this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.
2: Subsection (1)
214I: Obligation to retain records necessary to verify return of party loans
1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns under sections 214C and 214F
2: A party secretary who fails, without reasonable excuse, to comply with subsection (1)
214J: Return of party loans to be publicly available
1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, the following returns and reports:
a: a return filed under section 214C
b: a report obtained under section 214D paragraph (a)
c: a return filed under section 214F
2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1)
3: The Electoral Commission may make inspection under subsection (2)
42: New section 243A inserted (Orders to be made by court after determination under section 243 if list seats allocated)
After section 243
243A: Orders to be made by court after determination under section 243 if list seats allocated
1: This section applies if, at the conclusion of the trial of an election petition,—
a: the court determines, under section 243, that the candidate who was duly elected was not declared elected under section 179(2) and the candidate who was declared elected under section 179(2) was not duly elected; and
b: an allocation of seats by the Electoral Commission under sections 191 to 193 has been made.
2: If this section applies, the court must—
a: make an order that any declaration of election made pursuant to section 193(5) is invalid so far as it relates to the election of any specified candidate and that the election of any specified candidate is void; and
b: order that the Electoral Commission repeat any or all of the procedures prescribed by sections 191 to 193 and make a further declaration under section 193(5); and
c: immediately certify in writing to the Speaker the orders made under paragraphs (a) and (b)
3: The orders certified under subsection (2)(c)
43: Section 266A amended (Expenditure limits to be adjusted each year by Order in Council)
After section 266A(6)
6A: If in any year a regulated period for a general election or a by-election commences before 1 July and ends on or after that date,—
a: the adjustments to the amounts referred to in subsection (1) made by the Order in Council that commences on 1 July of that year do not apply in respect of that election or by-election; and
b: the adjustments to the amounts referred to in subsection (1) made by the Order in Council of the previous year apply to that election or by-election.
44: Schedule 2 amended
1: In Schedule 2 CD, Minister of Justice
2: In Schedule 2 CD, Minister of Justice
3: In Schedule 2 CD, Minister of Justice
45: Other amendments to principal Act
1: Amend the principal Act in the manner set out in the Schedule
2: By way of explanation,—
a: the amendments in Part 1
b: the amendments in Part 2 Part 1
c: the amendments in Part 3
46: Transitional provision for party logos registered before commencement date
1: If the logo of a political party was registered before the commencement date and on that date the political party is a registered political party, the logo of that party is deemed to be registered under section 71F
2: If the logo of a political party was registered before the commencement date and on that date the political party is not a registered political party, the Electoral Commission must cancel the registration of the party logo.
3: If the Electoral Commission cancels the registration of a party logo under subsection (2)
4: In this section, commencement date
47: Transitional provision for loans entered into on behalf of parties before commencement date
1: Nothing in Part 6B
2: To avoid doubt, nothing in section 214C 214F
3: In this section, commencement date
2: Consequential amendments to other enactments
Amendments to Citizens Initiated Referenda Act 1993
48: Amendments to Citizens Initiated Referenda Act 1993
1: This section amends the Citizens Initiated Referenda Act 1993
2: In the Schedule Signature of Minister of Justice:
3: In the Schedule Signature of Minister of Justice: 2014-03-25 Citizens Initiated Referenda Act 1993 Amendment to Referenda (Postal Voting) Act 2000
49: Amendment to Referenda (Postal Voting) Act 2000
1: This section amends the Referenda (Postal Voting) Act 2000
2: In section 3(1) electoral roll section 83A and 83D sections 89C and 89F 2014-03-25 Referenda (Postal Voting) Act 2000 Amendment to Electoral (Administration) Amendment Act 2011
50: Amendment to Electoral (Administration) Amendment Act 2011
1: This section amends the Electoral (Administration) Amendment Act 2011
2: Repeal section 38 2014-03-25 Electoral (Administration) Amendment Act 2011 Amendments to Electoral Regulations 1996
51: Amendments to Electoral Regulations 1996
Sections 51 to 55 amend the Electoral Regulations 1996 2014-03-25 Electoral Regulations 1996
52: Regulation 3 replaced (Application for registration)
Replace regulation 3
3: Application for registration
Every application for registration as an elector made under section 83(1)(a)
53: Regulation 4A amended (Updating of electoral rolls)
In regulation 4A section 83(1) section 89D(1)
54: Regulation 4B amended (Transfer of electors between electorates)
In regulation 4B under section 83D(3) made pursuant to section 89C(10)(a)
55: Schedule 1 amended
1: In Schedule 1 r 3(a) r 3
2: In Schedule 1, revoke form 2