Political Finance Database

New Zealand

New Zealand

Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
No
Comment

There is no ban, but there is a NZD 50 limit on such donations. 

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

207K Overseas donation or contribution may not exceed $50 […]
(2A) If a party secretary receives from an overseas person a donation that either on
its own or when aggregated with all other donations made by or on behalf of
the same overseas person during the same year ending 31 December exceeds
$50, the party secretary must, within 20 working days of receipt of the donation,—
(a) return to the overseas person the total amount donated by the overseas
person, or its value, less $50; or
(b) if this is not possible, pay the total amount donated by the overseas person,
or its value, less $50 to the Electoral Commission.
(3) If a candidate or party secretary receives, from a donor who is not an overseas
person (as defined in subsection (1)), a donation funded from contributions that
includes any contribution exceeding $50 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 $50, the candidate or party secretary must, within
20 working days after notification of that fact under section 207C,—
(a) give back to the donor the amount of the donation, or its value; or
(b) if this is not possible, pay the amount of the donation, or its value, to the
Electoral Commission.
Source: Art. 207K(2A-3), Electoral Act 1993, (amended 2020)

2. Is there a ban on donations from foreign interests to candidates?
Code
No
Comment

There is no ban, but there is a NZD 50 limit on such donations. 

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
Source: Art. 207(2), Electoral Act 1993, (amended 2020)
207K Overseas donation or contribution may not exceed $50 […]
(2) If a candidate receives from an overseas person a donation that either on its
own or when aggregated with all other donations made by or on behalf of the
same overseas person for use in the same campaign exceeds $50, the candidate
must, within 20 working days of receipt of the donation,—
(a) return to the overseas person the total amount donated by the overseas
person, or its value, less $50; or
(b) if this is not possible, pay the total amount donated by the overseas person,
or its value, less $50 to the Electoral Commission. […]
(3) If a candidate or party secretary receives, from a donor who is not an overseas
person (as defined in subsection (1)), a donation funded from contributions that
includes any contribution exceeding $50 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 $50, the candidate or party secretary must, within
20 working days after notification of that fact under section 207C,—
(a) give back to the donor the amount of the donation, or its value; or
(b) if this is not possible, pay the amount of the donation, or its value, to the
Electoral Commission.
Source: Art. 207K(2, 3), Electoral Act 1993, (amended 2020)

 

3. Is there a ban on corporate donations to political parties?
Code
No
Comment

There is no ban, but there is a NZD 1,500 limit .

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
party donation means a donation (whether of money or of the equivalent of
money or of goods or services or of a combination of those things) that is made
to a party, or to any person or body of persons on behalf of the party who are
involved in the administration of the affairs of the party, and—
(a) includes,—
where goods or services are provided by a New Zealand person to
a party, or to any person on the party’s behalf, under a contract or
arrangement at a value less than their reasonable market value, the
latter being a value that exceeds $1,500, the amount of the difference
between the former value and the reasonable market value of
those goods or services; and […]
(b) excludes—
(i) the labour of any person that is provided to a party free of charge
by that person; and
(ii) goods or services provided by a New Zealand person free of
charge to a party, or to any person on the party’s behalf, that have
a reasonable market value of $1,500 or less; and
(iia) goods or services provided by an overseas person free of charge to
a party, or to any person on the party’s behalf, that have a reasonable
market value of $50 or less; and
(iii) any candidate donation that
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

4. Is there a ban on corporate donations to candidates?
Code
No
Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
candidate donation means a donation (whether of money or of the equivalent
of money or of goods or services or of a combination of those things) that is
made to a candidate, or to any person on the candidate’s behalf, for use in the
candidate’s campaign for election and—
(a) includes,—
(i) where goods or services are provided by a New Zealand person to
a candidate, or to any person on the candidate’s behalf, under a
contract or arrangement at a value less than their reasonable market
value, the latter being a value that exceeds $300, the amount
of the difference between the former value and the reasonable
market value of those goods or services; and […]
(b) excludes,—
(i) the labour of any person that is provided to a candidate free of
charge by that person; and
(ii) goods or services provided by a New Zealand person free of
charge to a candidate, or to any person on the candidate’s behalf,
that have a reasonable market value of $300 or less; and
(iii) goods or services provided by an overseas person free of charge to
a candidate, or to any person on the candidate’s behalf, that have a
reasonable market value of $50 or less
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

There is no explicit ban on donations from Trade Unions.

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
party donation means a donation (whether of money or of the equivalent of
money or of goods or services or of a combination of those things) that is made
to a party, or to any person or body of persons on behalf of the party who are
involved in the administration of the affairs of the party, and—
(a) includes,—
where goods or services are provided by a New Zealand person to
a party, or to any person on the party’s behalf, under a contract or
arrangement at a value less than their reasonable market value, the
latter being a value that exceeds $1,500, the amount of the difference
between the former value and the reasonable market value of
those goods or services; and […]
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

There is no explicit ban on donations from Trade Unions.

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
candidate donation means a donation (whether of money or of the equivalent
of money or of goods or services or of a combination of those things) that is
made to a candidate, or to any person on the candidate’s behalf, for use in the
candidate’s campaign for election and—
(a) includes,—
(i) where goods or services are provided by a New Zealand person to
a candidate, or to any person on the candidate’s behalf, under a
contract or arrangement at a value less than their reasonable market
value, the latter being a value that exceeds $300, the amount
of the difference between the former value and the reasonable
market value of those goods or services; and […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

7. Is there a ban on anonymous donations to political parties?
Code
Yes, above certain threshold
Comment

There is no ban, but there is a limit on such donations:
- NZD 50, if there are reasonable grounds to suspect the donor is an overseas person;
- NZD 1,500, if there are reasonable grounds to suspect the donor is an overseas person.

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
anonymous,—
(b) in relation to a party donation, means a donation that is made in such a
way that the party secretary who receives the donation—
(i) does not know the identity of the donor; and
(ii) could not, in the circumstances, reasonably be expected to know
the identity of the donor […]
party donation means a donation (whether of money or of the equivalent of
money or of goods or services or of a combination of those things) that is made
to a party, or to any person or body of persons on behalf of the party who are
involved in the administration of the affairs of the party, and—
(a) includes,—
where goods or services are provided by a New Zealand person to
a party, or to any person on the party’s behalf, under a contract or
arrangement at a value less than their reasonable market value, the
latter being a value that exceeds $1,500, the amount of the difference
between the former value and the reasonable market value of
those goods or services; and […]
Source: Art. 207(2), Electoral Act 1993, (amended 2020)
(2) If an anonymous party donation is received by a party secretary, the party secretary
must, within 20 working days, pay to the Electoral Commission—
(a) the amount of the donation, or its value, less $50, if—
(i) the party secretary believes or has reasonable grounds to suspect
the donor is an overseas person; and
(ii) the donation exceeds $50; or
(b) the amount of the donation, or its value, less $1,500, if—
(i) the party secretary does not have reasonable grounds to suspect
the donor is an overseas person; and
(ii) the donation exceeds $1,500.
Source: Art. 207I(2), Electoral Act 1993, (amended 2020)

8. Is there a ban on anonymous donations to candidates?
Code
Yes, above certain threshold
Comment

There is no ban, but there is a limit on such donations:
- NZD 50, if there are reasonable grounds to suspect the donor is an overseas person;
- NZD 1,500, if there are reasonable grounds to suspect the donor is an overseas person.

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
anonymous,—
(a) in relation to a candidate donation, means a donation that is made in
such a way that the candidate who receives the donation—
(i) does not know the identity of the donor; and
(ii) could not, in the circumstances, reasonably be expected to know
the identity of the donor:[…]
candidate donation means a donation (whether of money or of the equivalent
of money or of goods or services or of a combination of those things) that is
made to a candidate, or to any person on the candidate’s behalf, for use in the
candidate’s campaign for election and—
(a) includes,—
(i) where goods or services are provided by a New Zealand person to
a candidate, or to any person on the candidate’s behalf, under a
contract or arrangement at a value less than their reasonable market
value, the latter being a value that exceeds $300, the amount
of the difference between the former value and the reasonable
market value of those goods or services; and […]
Source: Art. 207(2), Electoral Act 1993, (amended 2020)
(1) If an anonymous candidate donation is received by a candidate, the candidate
must, within 20 working days, pay to the Electoral Commission—
(a) the amount of the donation, or its value, less $50, if—
(i) the candidate believes or has reasonable grounds to suspect the
donor is an overseas person; and
(ii) the donation exceeds $50; or
(b) the amount of the donation, or its value, less $1,500, if—
(i) the candidate does not have reasonable grounds to suspect the
donor is an overseas person; and
(ii) the donation exceeds $1,500.
Source: Art. 207I(1), Electoral Act 1993, (amended 2020)

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Comment

There no explicit ban on donations from corporations with government contracts.

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of business outside New Zealand
party donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is madeto a party, or to any person or body of persons on behalf of the party who are involved in the administration of the affairs of the party, and—
(a) includes,—
where goods or services are provided by a New Zealand person to a party, or to any person on the party’s behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value that exceeds $1,500, the amount of the difference between the former value and the reasonable market value of
those goods or services; and […]
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
Comment

There no explicit ban on donations from corporations with government contracts.

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
candidate donation means a donation (whether of money or of the equivalent
of money or of goods or services or of a combination of those things) that is
made to a candidate, or to any person on the candidate’s behalf, for use in the
candidate’s campaign for election and—
(a) includes,—
(i) where goods or services are provided by a New Zealand person to
a candidate, or to any person on the candidate’s behalf, under a
contract or arrangement at a value less than their reasonable market
value, the latter being a value that exceeds $300, the amount
of the difference between the former value and the reasonable
market value of those goods or services; and […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
Comment

There no explicit ban on donations from corporations with partial government ownership

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
party donation means a donation (whether of money or of the equivalent of
money or of goods or services or of a combination of those things) that is made
to a party, or to any person or body of persons on behalf of the party who are
involved in the administration of the affairs of the party, and—
(a) includes,—
where goods or services are provided by a New Zealand person to
a party, or to any person on the party’s behalf, under a contract or
arrangement at a value less than their reasonable market value, the
latter being a value that exceeds $1,500, the amount of the difference
between the former value and the reasonable market value of
those goods or services; and […]
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
Comment

There no explicit ban on donations from corporations with partial government ownership.

Source

207 Interpretation […]
(2) In this subpart and subparts 4 to 6 of this Part, unless the context otherwise
requires,— […]
candidate donation means a donation (whether of money or of the equivalent
of money or of goods or services or of a combination of those things) that is
made to a candidate, or to any person on the candidate’s behalf, for use in the
candidate’s campaign for election and—
(a) includes,—
(i) where goods or services are provided by a New Zealand person to
a candidate, or to any person on the candidate’s behalf, under a
contract or arrangement at a value less than their reasonable market
value, the latter being a value that exceeds $300, the amount
of the difference between the former value and the reasonable
market value of those goods or services; and […]
New Zealand person means a person who is not an overseas person
overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of
business outside New Zealand
Source: Art. 207(2), Electoral Act 1993, (amended 2020)

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No
Comment

No explicit ban. But if state servants are to support party politics (especially during campaigns) certain restrictions apply. 

"State servants must ensure that they do not confuse their political rights with their employment responsibilities.  State services agencies must ensure that they respect the political rights of their employees and do not impinge on these rights beyond what is lawful.  These principles apply at all times but special care must be taken in an election period. It is also a well-established convention that stricter requirements apply to State servants who:

  • are very senior; have regular direct contact with Ministers; or represent a public face of their agency
  • work in a Minister’s office, or
  • are actively engaged in providing advice to Ministers on an issue that is the subject of political activity.

These State servants should avoid active involvement in political activity if it could be perceived as conflicting with their political neutrality obligations."

Source
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No data
Comment
There is no such limit, only the limit for the amount of a single donation applies.
Source

Source: Electoral Act 1993, (amended 2020)

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
Comment

There is no such limit, only the limit for the amount of a single donation applies.

Source

Source: Electoral Act 1993, (amended 2020)

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
Comment

There is no such limit, only the limit for the amount of a single donation applies.

Source

Source: Electoral Act 1993, (amended 2020)

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
No
Comment

There is no such limit, only the limit for the amount of a single donation applies.

Source

Source: Electoral Act 1993, (amended 2020)

21. Is there a limit on in-kind donations to political parties?
Code
No
Comment

There is no such limit, only the limit for the amount of a single donation applies.

Source

Source: Electoral Act 1993, (amended 2020)

22. Is there a limit on in-kind donations to candidates?
Code
No
Comment

Only the limit for the amount of a single donation applies (applies to both cash and in-kind donations).

Source

Source: Electoral Act 1993, (amended 2020)

23. Is there a ban on political parties engaging in commercial activities?
Code
No
Source

Source: Electoral Act 1993, (amended 2020)

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

No restrictions regarding maximum amounts etc., but many rules concerning the procedure and disclosure.

Only a party secretary may take out loans on behalf of the party, party secretaries must keep records of those loans, and returns, with varying contents, must be filed for loans exceeding different threshold amounts.

Source

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 subpart 5 of Part 2 of the Contract and Commercial Law Act 2017.
Source: Part 6b and specifically Art. 213, Electoral Act 1993, (amended 2020)

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No data
Comment

There are only provisions regarding political parties taking loans.

Source

Source: Electoral Act 1993, (amended 2020)

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
Source

Source: Electoral Act 1993, (amended 2020)

27. Are there provisions requiring donations to go through the banking system?
Code
No
Source

Source: Electoral Act 1993, (amended 2020)

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, in relation to campaigns
Source

74. Public money to be appropriated for funding election programmes and
election advertising in relation to general election
(1) In relation to each general election, the Minister of Justice must give notice to
the Electoral Commission of the amount of money appropriated by Parliament
for the purpose of enabling parties to fund—
(a) all of the broadcasting costs incurred in relation to the broadcast of party
election programmes; and
(b) all or part of the broadcasting costs incurred in relation to the broadcast
of candidate election programmes; and
(c) all or part of the production costs, whenever incurred, in relation to—
(i) party election programmes; and
(ii) candidate election programmes; and
(d) all or part of the publishing costs incurred in relation to the publication
of election advertisements on the Internet during the election period; and
(e) all or part of production costs, whenever incurred, in relation to election
advertisements published on the Internet—
(i) during the election period; or
(ii) before and during the election period.
Source: Art. 74(1), Broadcasting Act 1989, (amended 2017)

 

29. What are the eligibility criteria for political parties to receive public funding?
Code
Registration as a political party
Source

78. Criteria for allocating money to party
(1) A party may only receive an allocation of the money referred to in section 74 if
the party—
(a) has provided to the Electoral Commission a notice in accordance with section 76; and
(b) was registered on the Register of Political Parties at the time of the dissolution or expiry of Parliament.
Source: Art. 78(1), Broadcasting Act 1989, (amended 2017)

30. What is the allocation calculation for political parties to receive public funding?
Code
Proportional to votes received Proportional to seats received
Source

78. Criteria for allocating money to party
(2) In allocating money to a party, the Electoral Commission must have regard
to—
(a) the number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that party; and
(b) the number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that party; and
(c) the number of members of Parliament who were members of that party immediately before the dissolution or expiration of Parliament; and
(d) any relationships that exist between a party and any other party; and
(e) any other indications of public support for that party, such as the results of public opinion polls and the number of persons who are members of that party; and
(f) the need to provide a fair opportunity for each party to which subsection (1) applies to convey its policies to the public by the broadcasting of election programmes on television.
Source: Art. 78(2), Broadcasting Act 1989, (amended 2017)

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Campaign spending
Comment

Direct public funds are provided for funding election programmes and election advertising in relation to general election.

Source

74. Public money to be appropriated for funding election programmes and
election advertising in relation to general election
(1) In relation to each general election, the Minister of Justice must give notice to
the Electoral Commission of the amount of money appropriated by Parliament
for the purpose of enabling parties to fund—
(a) all of the broadcasting costs incurred in relation to the broadcast of party
election programmes; and
(b) all or part of the broadcasting costs incurred in relation to the broadcast
of candidate election programmes; and
(c) all or part of the production costs, whenever incurred, in relation to—
(i) party election programmes; and
(ii) candidate election programmes; and
(d) all or part of the publishing costs incurred in relation to the publication
of election advertisements on the Internet during the election period; and
(e) all or part of production costs, whenever incurred, in relation to election
advertisements published on the Internet—
(i) during the election period; or
(ii) before and during the election period.
Source: Art. 74(1), Broadcasting Act 1989, (amended 2017)

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

74. Public money to be appropriated for funding election programmes and
election advertising in relation to general election
(1) In relation to each general election, the Minister of Justice must give notice to
the Electoral Commission of the amount of money appropriated by Parliament
for the purpose of enabling parties to fund—
(a) all of the broadcasting costs incurred in relation to the broadcast of party
election programmes; and
(b) all or part of the broadcasting costs incurred in relation to the broadcast
of candidate election programmes; and
(c) all or part of the production costs, whenever incurred, in relation to—
(i) party election programmes; and
(ii) candidate election programmes; and
(d) all or part of the publishing costs incurred in relation to the publication
of election advertisements on the Internet during the election period; and
(e) all or part of production costs, whenever incurred, in relation to election
advertisements published on the Internet—
(i) during the election period; or
(ii) before and during the election period.
Source: Art. 74(1), Broadcasting Act 1989, (amended 2017)

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
  • Share of seats
  • Votes Received
  • Other
Source

78. Criteria for allocating money to party
(2) In allocating money to a party, the Electoral Commission must have regard
to—
(a) the number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that party; and
(b) the number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that party; and
(c) the number of members of Parliament who were members of that party immediately before the dissolution or expiration of Parliament; and
(d) any relationships that exist between a party and any other party; and
(e) any other indications of public support for that party, such as the results of public opinion polls and the number of persons who are members of that party; and
(f) the need to provide a fair opportunity for each party to which subsection (1) applies to convey its policies to the public by the broadcasting of election programmes on television.
Source: Art. 78(2), Broadcasting Act 1989, (amended 2017)

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Source


74. Public money to be appropriated for funding election programmes and
election advertising in relation to general election
(1) In relation to each general election, the Minister of Justice must give notice to
the Electoral Commission of the amount of money appropriated by Parliament
for the purpose of enabling parties to fund—
(a) all of the broadcasting costs incurred in relation to the broadcast of party
election programmes; and
(b) all or part of the broadcasting costs incurred in relation to the broadcast
of candidate election programmes; and
(c) all or part of the production costs, whenever incurred, in relation to—
(i) party election programmes; and
(ii) candidate election programmes; and
(d) all or part of the publishing costs incurred in relation to the publication
of election advertisements on the Internet during the election period; and
(e) all or part of production costs, whenever incurred, in relation to election
advertisements published on the Internet—
(i) during the election period; or
(ii) before and during the election period.
Source: Art. 74(1), Broadcasting Act 1989, (amended 2017)

35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment

Candidates are allowed to use public school rooms to hold public campaign meetings without charge.

Source

154 Use of public schoolrooms for election meetings
(1) Any candidate at an election may, for the purpose of holding public meetings of electors for electoral purposes during the period of an election, use free of charge, other than the cost of lighting and heating, and of cleaning after use, and of repairing any damage done, any suitable room in any public primary school or intermediate school or secondary school after the ordinary school hours, subject to the following provisions:
(a) 3 days’ notice of the proposed public meeting shall be given to the governing body of the school:
(b) the use of the school shall be granted in the order of receipt of applications by or on behalf of the candidates:
(c) no candidate shall have the use of the same room on a second occasion if any other candidate who has not before used it desires to make use of it at the same time under this section.
Source: Art. 154(1), Electoral Act 1993, (amended 2020)

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
No
Source

Source: Electoral Act 1993, (amended 2020)

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Source

Source: Electoral Act 1993, (amended 2020)

Question Value
38. Is there a ban on vote buying?
Code
Yes
Source

216 Bribery
(1) Every person is guilty of a corrupt practice who commits the offence of bribery.
(2) Every person commits the offence of bribery who, directly or indirectly, by
himself or herself or by any other person on his or her behalf—
(a) gives any money or procures any office to or for any voter, or to or for
any other person on behalf of any voter, or to or for any other person, in
order to induce any voter to vote or refrain from voting; or
(b) corruptly does any such act as aforesaid on account of any voter having
voted or refrained from voting; or
(c) makes any such gift or procurement as aforesaid to or for any person in
order to induce that person to procure, or endeavour to procure, the
return of any person or candidates at an election or the vote of any
voter,—
or who, upon or in consequence of any such gift or procurement as aforesaid,
procures, or engages, promises, or endeavours to procure, the return of any person
or candidates at any election or the vote of any voter.
Source: Art. 216(1-2), Electoral Act 1993, (amended 2020)

39. Are there limits on the amount a political party can spend?
Code
Yes
Source

206C Maximum amount of party’s total election expenses
(1) If a party is listed in the part of the ballot paper that relates to the party vote,
the total election expenses of that party in respect of any regulated period must
not exceed—
(a) $1,169,000 (or such other amount as is prescribed by the Governor-
General by Order in Council under section 266A); and
(b) $27,500 (or such other amount as is prescribed by the Governor-General
by Order in Council under section 266A) for each electoral district contested
by a candidate for the party.
Source: Art. 206C(1), Electoral Act 1993, (amended 2020)

40. If there are limits on the amount a political party can spend, what is the limit?
Code
NZD 1,169,000
Source

206C Maximum amount of party’s total election expenses
(1) If a party is listed in the part of the ballot paper that relates to the party vote,
the total election expenses of that party in respect of any regulated period must
not exceed—
(a) $1,169,000 (or such other amount as is prescribed by the Governor-
General by Order in Council under section 266A); and
(b) $27,500 (or such other amount as is prescribed by the Governor-General
by Order in Council under section 266A) for each electoral district contested
by a candidate for the party.
Source: Art. 206C(1), Electoral Act 1993, (amended 2020)

41. Are there limits on the amount a candidate can spend?
Code
Yes
Source

205C Maximum amount of candidate’s total election expenses
(1) The total election expenses of a candidate in respect of any regulated period
must not exceed—
(a) $27,500 (or such other amount as is prescribed by the Governor-General
by Order in Council under section 266A), in the case of a candidate at a
general election; and
(b) $54,900 (or such other amount as is prescribed by the Governor-General
by Order in Council under section 266A), in the case of a candidate at a
by-election.
Source: Art. 205C(1), Electoral Act 1993, (amended 2020)

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
NZD 27,500
Source

205C Maximum amount of candidate’s total election expenses
(1) The total election expenses of a candidate in respect of any regulated period
must not exceed—
(a) $27,500 (or such other amount as is prescribed by the Governor-General
by Order in Council under section 266A), in the case of a candidate at a
general election; and
(b) $54,900 (or such other amount as is prescribed by the Governor-General
by Order in Council under section 266A), in the case of a candidate at a
by-election.
Source: Art. 205C(1), Electoral Act 1993, (amended 2020)

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, spending limit exists
Source

204B Persons who may promote election advertisements
(1) A person is entitled to promote an election advertisement if the person is—
(a) a party secretary:
(b) a candidate:
(c) a registered promoter:
(d) an unregistered promoter who does not incur advertising expenses
exceeding $13,200 (or such other amount as is prescribed by the
Governor-General by Order in Council under section 266A) in relation
to election advertisements published during the regulated period.
Source: Art. 204B(1), Electoral Act 1993, (amended 2020)

206V Maximum amount of registered promoter’s total election expenses
(1) The total election expenses of a registered promoter in respect of any regulated
period must not exceed $330,000 (or such other amount as is prescribed by the
Governor-General by Order in Council under section 266A).
Source: Art. 206V(1), Electoral Act 1993, (amended 2020)

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
Source

Source: Broadcasting Act 1989, (amended 2017)

45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
Comment

But regular publishing procedures apply also explicitly to online media.

"3D: Meaning of publish
In this Act, unless the context otherwise requires, publish, in relation to an
election advertisement, means to bring to the notice of a person in any manner—
(a) including—
...(viii) disseminating by means of the Internet or any other electronic medium"

 

Source

Electoral Act 1993 (amended 2020), Section 3D

46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No data
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment

Parties must file an annual return on party donations. Specific reporting duties arise from donations from the same source exceeding $30,000

Source

210 Annual return of party donations

(1) A party secretary must file with the Electoral Commission, for each year, a return of party donations setting out—[…]
Source: Art. 210(1), Electoral Act 1993, (amended 2020)

48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment

Parties must file reports on their election expenses and on their allocation expenses.

Source

206I Return of party’s election expenses
(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.
Source: Art. 206I(1), Electoral Act 1993, (amended 2020)
206IA Return of party’s allocation expenses
(1) Within 90 days after polling day for a general election, a party secretary must
file with the Electoral Commission a return of expenses incurred by the party
that have been funded from the party’s allocation.
Source: Art. 206IA(1), Electoral Act 1993, (amended 2020)

49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

Candidates must file reports on expenses and donations with the Electoral Commission. 

Source

205K Return of candidate’s election expenses
(1) Within 70 working days after polling day, a candidate must file a return of election
expenses with the Electoral Commission.
Source: Art. 205K(1), Electoral Act 1993, (amended 2020)

209. Return of candidate donations
(1) A candidate must, at the same time as filing a return of election expenses under
section 205K, file with the Electoral Commission a return setting out—
(a) the details specified in subsection (2) in respect of every candidate donation
(other than a donation of the kind referred to in paragraphs (c) and
(d)) received by him or her that, either on its own or when aggregated
with all other donations made by or on behalf of the same donor for use
in the same campaign, exceeds $1,500 in sum or value; and
(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) in respect of every contribution
received from a New Zealand person 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; and
(c) the details specified in subsection (4) in respect of every anonymous
candidate donation received by him or her—
(i) exceeding $50, in any case where the candidate believes or has
reasonable grounds to suspect the donor is an overseas person; or
(ii) exceeding $1,500, in any other case; and
(d) the details specified in subsection (5) in respect of every candidate donation
received by him or her from an overseas person that, either on its
own or when aggregated with all other donations made by or on behalf
of the same overseas person for use in the same campaign, exceeds $50;
and
(e) the details specified in subsection (5A) in respect of every contribution
to a candidate donation received by him or her from an overseas person
that, either on its own or when aggregated with other contributions made
by the same overseas person to the donation, exceeds $50.
Source: Art. 209(1), Electoral Act 1993, (amended 2020)

50. Do third parties have to report on election campaign finances?
Code
Sometimes
Comment

Third parties that are "registered promoters" and spend more than $100,000 are required to file a report.

Source

206ZC Return of registered promoter’s election expenses
(1) This section applies to a registered promoter whose total election expenses in respect of any regulated period exceed $100,000 (inclusive of goods and services tax).
(2) Within 70 working days after polling day, the registered promoter must file a return of election expenses with the Electoral Commission.
Source: Art. 206ZC(1-2), Electoral Act 1993, (amended 2020)

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

The Electoral Commission has discretion to make reports public.

Source

206Q Return of party’s election expenses and return of party’s allocation expenses to be publicly available
(1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return and every accompanying auditor’s report filed under section 206I or 206IA.
Source: Art. 206Q(1), Electoral Act 1993, (amended 2020)
206ZH Return of registered promoter’s election expenses to be publicly
available
(1) The Electoral Commission may publish, in any manner that the Electoral Commission
considers appropriate, every return filed under section 206ZC.
Source: Art. 206ZH(1), Electoral Act 1993, (amended 2020)
209E Return of candidate donations to be publicly available
(1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 209.
Source: Art. 209E(1), Electoral Act 1993, (amended 2020)
210F. Return of party donations 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 210; and
(b) a report obtained under section 210A accompanying the return referred to in paragraph (a); and
(c) a return filed under section 210C.
Source: Art. 210F(1), Electoral Act 1993, (amended 2020)

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Sometimes
Source

209 Return of candidate donations
(1) A candidate must, at the same time as filing a return of election expenses under section 205K,
(2) The details referred to in subsection (1)(a) are—
(a) the name of the donor; and
(b) the address of the donor; and
(c) the amount of the donation or, in the case of aggregated donations, the
total amount of the donations; and
(d) the date the donation was received or, in the case of aggregated donations,
the date that each donation was received.
Source: Art. 209(1-2), Electoral Act 1993, (amended 2020)
(2) The details referred to in subsection (1)(a) are—
(a) the name of the donor; and
(b) the address of the donor; and
(c) the amount of the donation or, in the case of aggregated donations, the
total amount of the donations; and
(d) the date the donation was received or, in the case of aggregated donations,
the date that each donation was received.
(3) The details referred to in subsection (1)(b) are—
(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,.
Source: Art. 210(2-3), Electoral Act 1993, (amended 2020)

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Comment

Donations above $15,000 are itemized. For others, number and total amount of donations must be reported. 

Source

210 Annual return of party donations
(1) A party secretary must file with the Electoral Commission, for each year, a return of party donations setting out—
(a) the details specified in subsection (2) for every party donation (other than a donation of the kind referred to in paragraphs (c) to (e)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor during the year, exceeds $15,000 in sum or value; and […]
Source: Art. 210(1), Electoral Act 1993, (amended 2020)

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Source

206Q Return of party’s election expenses and return of party’s allocation expenses to be publicly available
(1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return and every accompanying auditor’s report filed under section 206I or 206IA.
Source: Art. 206Q(1), Electoral Act 1993, (amended 2020)

206ZH Return of registered promoter’s election expenses to be publicly available
(1) The Electoral Commission may publish, in any manner that the Electoral Commission
considers appropriate, every return filed under section 206ZC.
Source: Art. 206ZH(1), Electoral Act 1993, (amended 2020)

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment

The Electoral Commission

Source

205K Return of candidate’s election expenses
(1) Within 70 working days after polling day, a candidate must file a return of election
expenses with the Electoral Commission.
Source: Art. 205K(1), Electoral Act 1993, (amended 2020)
206I Return of party’s election expenses
(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.
Source: Art. 206I(1), Electoral Act 1993, (amended 2020)
206IA Return of party’s allocation expenses
(1) Within 90 days after polling day for a general election, a party secretary must
file with the Electoral Commission a return of expenses incurred by the party
that have been funded from the party’s allocation.
Source: Art. 206IA(1), Electoral Act 1993, (amended 2020)
209. Return of candidate donations
(1) A candidate must, at the same time as filing a return of election expenses under
section 205K, file with the Electoral Commission a return setting out—[...]
Source: Art. 209(1), Electoral Act 1993, (amended 2020)
210 Annual return of party donations
(1) A party secretary must file with the Electoral Commission, for each year, a
return of party donations setting out—[…]
Source: Art. 210(1), Electoral Act 1993, (amended 2020)

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
EMB
Comment

The Electoral Commission.

Source

6 Powers of Electoral Commission
(1) The Electoral Commission may, if it considers that it is necessary for the
proper discharge of its functions,—
(a) initiate, sponsor, and carry out any studies or research:
(b) make any inquiries:
(c) consult with any persons or classes of persons:
(d) publicise, in any manner that it thinks fit, any parts of its work:
(e) provide information and advice on any matter—
(i) to the Minister for the Minister’s consideration:
(ii) to the Minister for presentation to the House of Representatives:
(f) request advice, assistance, and information from any government department
or any State enterprise as defined in section 2 of the State-Owned
Enterprises Act 1986.
Source: Art. 6(1), Electoral Act 1993, (amended 2020)

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Refer for investigation Carry out investigation Request additional information from potential violator Request additional information from others
Source

6 Powers of Electoral Commission
(1) The Electoral Commission may, if it considers that it is necessary for the
proper discharge of its functions,—
(a) initiate, sponsor, and carry out any studies or research:
(b) make any inquiries:
(c) consult with any persons or classes of persons:
(d) publicise, in any manner that it thinks fit, any parts of its work:
(e) provide information and advice on any matter—
(i) to the Minister for the Minister’s consideration:
(ii) to the Minister for presentation to the House of Representatives:
(f) request advice, assistance, and information from any government department
or any State enterprise as defined in section 2 of the State-Owned
Enterprises Act 1986.
Source: Art. 6(1), Electoral Act 1993, (amended 2020)

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Other
Comment

Some examples of provisions below.

Source

207D Offence relating to contravention of section 207C
A donor who fails to comply with section 207C with the intention of concealing
the identity of any or all of the contributors commits an offence and is
liable on conviction to a fine not exceeding $40,000.
Source: Art. 207D, Electoral Act 1993, (amended 2020)
224 Punishment for corrupt or illegal practice
(1) Every person who is guilty of any corrupt practice is liable on conviction to
either or both of the following:
(a) a term of imprisonment not exceeding 2 years:
(b) a fine not exceeding—
(i) $100,000 in the case of a person who is a constituency candidate,
party secretary, or registered promoter and who is convicted of
any corrupt practice under Part 6A; or
(ii) $40,000 in any other case.
Source: Art. 224(1), Electoral Act 1993, (amended 2020)

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