Electoral Amendment Act 2009

1: Title
This Act is the Electoral Amendment Act 2009.
2: Commencement
This Act comes into force on 1 March 2009.
3: Principal Act amended
This Act amends the Electoral Act 1993 2009-03-01 Electoral Act 1993
1: Amendments to Electoral Act 1993
4: Interpretation
1: Section 3(1) candidate candidate
a: in Parts 1 to 6 and 9, means—
i: a constituency candidate; and
ii: a list candidate:
b: in Part 6A
c: in Parts 7 and 8, means—
i: a constituency candidate; and
ii: a list candidate; and
iii: any person who has declared his or her intention of becoming a constituency candidate or list candidate .
2: Section 3(1) election expenses
a: in relation to a constituency candidate, has the meaning given to it by section 205A
b: in relation to a party that is registered under Part 4, has the meaning given to it by section 206A list candidate party Part 6A
a: means a political party registered under Part 4; and
b: includes a political party that at any time during the 3 months immediately preceding polling day has been registered under Part 4 party secretary secretary
a: carrying out the administration of the party; and
b: conducting the correspondence of the party public inspection period sections 205K, 206I, 209, 210, and 210C
a: beginning 3 working days after the date of receipt by the Chief Electoral Officer or the Electoral Commission, as the case may be, of the duly completed return; and
b: ending with the close of polling day for the second general election that takes place after the date of receipt by the Chief Electoral Officer or the Electoral Commission, as the case may be, of the duly completed return .
3: The definition of corrupt practice section 3(1) or the Electoral Finance Act 2007
4: The definition of illegal practice section 3(1) or the Electoral Finance Act 2007
5: Section 3(1) secretary
5: Heading repealed
The heading immediately following section 204
6: New Part 6A inserted
The following Part is inserted after section 204
6A: Election expenses and donations
1: Candidates' election expenses
205: Meaning of election activity
In this subpart, unless the context otherwise requires, election activity
a: that is carried out by the candidate or with the candidate's authority; and
b: that comprises—
i: advertising of any kind; or
ii: radio or television broadcasting; or
iii: publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; and
c: that—
i: relates to the campaign for the return of the candidate in the candidate's capacity as a constituency candidate and not to the candidate—
A: in his or her capacity as a member of Parliament or as the holder of any other office; or
B: in any other capacity; or
ii: encourages or persuades or appears to encourage or persuade voters not to vote for a candidate or for a party; or
iii: both; and
d: that takes place, or is deemed by section 205C 1993 No 87 s 213(1) (pre-20 December 2007); 2007 No 111 s 71
205A: Meaning of election expenses
In this subpart, unless the context otherwise requires, election expenses
a: means expenses that are incurred by or on behalf of a candidate in respect of any election activity; and
b: includes—
i: expenses that are incurred by or on behalf of the candidate, before or after the 3 months immediately preceding polling day, in respect of any election activity; and
ii: the reasonable market value of any materials applied in respect of any election activity that are given to the candidate or that are provided to the candidate free of charge or below reasonable market value; and
iii: the cost of any printing or postage in respect of any election activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the candidate; but
c: does not include the cost of any of the following:
i: travel:
ii: the conduct of any survey or public opinion poll:
iii: the labour of any person that is provided to the candidate free of charge by that person:
iv: the replacement of any materials that, during their application in respect of an election activity, have been destroyed or rendered unusable by 1 or more persons (other than the candidate or any person acting on his or her behalf) or by the occurrence of an event beyond the control of the candidate and any person acting on his or her behalf. 1993 No 87 s 213(1) (pre-20 December 2007); 2007 No 111 s 72
205B: Maximum amounts of candidate's election expenses
1: The total election expenses of a candidate at a general election must not exceed $20,000 (inclusive of goods and services tax).
2: The total election expenses of a candidate at a by-election must not exceed $40,000 (inclusive of goods and services tax). 1993 No 87 s 213(2) (pre-20 December 2007); 2007 No 111 s 76
205C: Apportionment of election expenses for activity that takes place before and within 3 months immediately preceding polling day
1: This section applies if an election activity as described in paragraphs (a) to (c) section 205
2: If this section applies,—
a: the election activity is deemed to have taken place within the 3 months immediately preceding polling day; but
b: the election expenses must be apportioned so that a fair proportion of those expenses is attributed to the carrying on of the activity in the 3 months immediately preceding polling day.
3: Only the fair proportion of the expenses determined in accordance with subsection (2) 1993 No 87 s 213(4) (pre-20 December 2007); 2007 No 111 s 77
205D: Apportionment of election expenses between candidates
1: This section applies to any election expenses incurred in respect of an election activity that relates exclusively to campaigns for the return of 2 or more candidates.
2: The election expenses must be apportioned among the candidates according to the coverage provided by the election activity in relation to each of the candidates.
3: If a candidate receives less than 10% of the coverage provided by the election activity, the expenses relating to that election activity must not be included in the election expenses of that candidate.
4: Coverage provided by an election activity must be calculated in a way that is appropriate to the form of the election activity. 1993 No 87 s 214 (pre-20 December 2007); 2007 No 111 s 78
205E: Advertisements for party lists
1: This section applies to an advertisement that—
a: is published or caused or permitted to be published in a newspaper, periodical, poster, or handbill, or is broadcast or caused or permitted to be broadcast by a radio or television station; and
b: encourages or persuades or appears to encourage or persuade voters to vote for a party listed on the part of the ballot paper that relates to the party vote; and
c: gives more than 10% of the coverage provided in the advertisement to a person who is a constituency candidate in a manner that either—
i: features that candidate in his or her capacity as a list candidate; or
ii: features that candidate as endorsing or supporting the party or its party list; and
d: is or is to be published or broadcast in the district in which the person described in paragraph (c)
2: The cost of publishing or broadcasting the advertisement is part of the candidate’s election expenses.
3: However, subsection (2) subsection (1)(d) 1993 No 87 s 214A (pre-20 December 2007); 2007 No 111 s 80
205F: Offence to pay election expenses in excess of prescribed maximum
1: This section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 205B
2: The candidate or other person is guilty of—
a: a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or
b: an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. 1993 No 87 s 213(3) (pre-20 December 2007); 2007 No 111 s 81
205G: Periods for claiming and paying candidate's election expenses
1: A claim for any election expenses against a candidate, or an agent of a candidate, is recoverable only if it is sent to the candidate within 20 working days after the day on which the declaration required by section 179(2) is made.
2: A claim that is sent to a candidate in accordance with subsection (1)
3: A person who makes a payment in breach of this section is guilty of an illegal practice.
4: This section is subject to sections 205H and 205I 1993 No 87 s 206 (pre-20 December 2007); 2007 No 111 s 82
205H: Procedure if claim disputed
1: If a candidate, in the case of a claim for election expenses sent to a candidate within the period specified in section 205G(1) section 205G(2)
a: the claim is to be treated as a disputed claim; and
b: the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.
2: Any sum paid by the candidate in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 205G(2) 1993 No 87 s 207 (pre-20 December 2007); 2007 No 111 s 83
205I: Leave to pay claim after time limitation
1: On the application of a claimant or a candidate, a District Court may make an order granting leave to the candidate to pay—
a: a claim for election expenses sent after the period specified in section 205G(1)
b: a claim not paid in the period specified in section 205G(2)
c: a disputed claim in respect of which an action was not brought within the period specified in section 205H(1)(b)
2: Any sum paid by the candidate in accordance with an order made under subsection (1) section 205G(2) 1993 No 87 s 208 (pre-20 December 2007); 2007 No 111 s 84
205J: Invoice and receipt required for election expenses of $50 or more
Every payment made in respect of any election expenses of a candidate, other than a payment that is less than $50, must be vouched by an invoice stating the particulars and by a receipt. 1993 No 87 s 209 (pre-20 December 2007); 2007 No 111 s 85
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 Chief Electoral Officer.
2: A return under subsection (1) 1993 No 87 s 210(1)(a), (2) (pre-20 December 2007); 2007 No 111 s 86
205L: Nil return
If a candidate considers that there is no relevant information to disclose under section 205K 2007 No 111 s 87
205M: Return may be filed after time limitation if candidate outside New Zealand
1: This section applies to a candidate who is outside New Zealand on the day on which the declaration required by section 179(2) is made.
2: The candidate must file a return of election expenses with the Chief Electoral Officer within 15 working days after the date he or she returns to New Zealand.
3: A return filed by the candidate in accordance with subsection (2) section 205K(1) 1993 No 87 s 210(3) (pre-20 December 2007)
205N: Offences relating to return of candidate's election expenses
1: A candidate who fails to comply with section 205K
a: a fine not exceeding $40,000; and
b: if he or she has been elected, a further fine not exceeding $400 for every day that he or she sits or votes in the House of Representatives until the return is filed.
2: A candidate who files a return under section 205K
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 candidate 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 was accurate.
3: A person charged with an offence against subsection (2)(a) subsection (2)(b) 1993 No 87 s 210(4)–(6) (pre-20 December 2007); 2007 No 111 s 88
205O: Obligation to retain records necessary to verify return of candidate's election expenses
1: A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 205K
2: A candidate who fails, without reasonable excuse, to comply with subsection (1) 1993 No 87 s 214L (pre-20 December 2007); 2007 No 111 s 89
205P: Duty of Chief Electoral Officer
If the Chief Electoral Officer believes that any person has committed an offence specified in this subpart, the Chief Electoral Officer must report the facts on which that belief is based to the New Zealand Police. 1993 No 87 s 210(8) (pre-20 December 2007); 2007 No 111 s 90
205Q: Return of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission
As soon as practicable after receiving a return filed under section 205K 1993 No 87 s 211(3)(a)(ii) (pre-20 December 2007); 2007 No 111 s 91
205R: Return of candidate's election expenses to be publicly available
1: The Chief Electoral Officer may publish, in any manner that the Chief Electoral Officer considers appropriate, every return filed under section 205K
2: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return received from the Chief Electoral Officer under section 205Q
3: During the public inspection period, the Chief Electoral Officer must make available for public inspection a copy of every return filed under section 205K
4: The Chief Electoral Officer may make inspection under subsection (3) 1993 No 87 s 211(2), (3)(b) (pre-20 December 2007); 2007 No 111 s 92
205S: Unlawful use of public money not validated
Nothing in this subpart validates any use of public money that would otherwise be unlawful. 1993 No 87 s 213(5) (pre-20 December 2007)
2: Parties' election expenses
206: Meaning of election activity
In this subpart, unless the context otherwise requires, election activity
a: that is carried out by the party or with the party's authority; and
b: that comprises—
i: advertising of any kind; or
ii: radio or television broadcasting; or
iii: publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; and
c: that—
i: encourages or persuades or appears to encourage or persuade voters to vote for the party; or
ii: encourages or persuades or appears to encourage or persuade voters not to vote for a party or for a candidate; or
iii: both; and
d: that takes place, or is deemed by section 206C 1993 No 87 s 214B(1) (pre-20 December 2007); 2007 No 111 s 93
206A: Meaning of election expenses
In this subpart, unless the context otherwise requires, election expenses
a: means expenses that are incurred by or on behalf of a party in respect of any election activity; and
b: includes—
i: expenses that are incurred by or on behalf of the party, before or after the 3 months immediately preceding polling day, in respect of any election activity; and
ii: the reasonable market value of any materials applied in respect of any election activity that are given to the party or that are provided to the party free of charge or below reasonable market value; and
iii: the cost of any printing or postage in respect of any election activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the party; but
c: does not include the cost of any of the following:
i: travel:
ii: the conduct of any survey or public opinion poll:
iii: the labour of any person that is provided to the party free of charge by that person:
iv: the replacement of any materials that, during their application in respect of an election activity, have been destroyed or rendered unusable by 1 or more persons (other than a person acting on behalf of the party) or by the occurrence of an event beyond the control of any person acting on behalf of the party:
v: the election expenses of any of the party's candidates:
vi: allocations of time and money made to the party by the body responsible for such allocations under the Broadcasting Act 1989. 2003 No 87 s 214B(1) (pre-20 December 2007); 2007 No 111 s 94
206B: Maximum amounts of party's 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 the party must not exceed $1 million plus $20,000 for each constituency contested by a candidate for that party (inclusive of goods and services tax).
2: If a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of the party must not exceed $20,000 for each constituency contested by a candidate for that party (inclusive of goods and services tax). 1993 No 87 s 214B(2) (pre-20 December 2007); 2007 No 111 s 98
206C: Apportionment of election expenses for activity that takes place before and within 3 months immediately preceding polling day
1: This section applies if an election activity as described in paragraphs (a) to (c) section 206
2: If this section applies,—
a: the election activity is deemed to have taken place within the 3 months immediately preceding polling day; but
b: the election expenses must be apportioned so that a fair proportion of those expenses is attributed to the carrying on of the activity in the 3 months immediately preceding polling day.
3: Only the fair proportion of the expenses determined in accordance with subsection (2) 1993 No 87 s 214B(4) (pre-20 December 2007); 2007 No 111 s 99
206D: Offence to pay election expenses in excess of prescribed maximum
1: This section applies to any person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 206B
2: The person is guilty of—
a: a corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or
b: an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount. 1993 No 87 s 214B(3) (pre-20 December 2007); 2007 No 111 s 101
206E: Periods for claiming and paying party's election expenses
1: A claim for any election expenses against a party is recoverable only if it is sent to the party secretary within 20 working days after the day on which the declaration required by section 193(5) is made.
2: A claim that is sent to the party secretary in accordance with subsection (1)
3: A person who makes a payment in breach of this section is guilty of an illegal practice.
4: This section is subject to sections 206F and 206G 1993 No 87 s 214BA (pre-20 December 2007); 2007 No 111 s 102
206F: Procedure if claim disputed
1: If a party, in the case of a claim for any election expenses sent to the party secretary within the period specified in section 206E(1) section 206E(2)
a: the claim is to be treated as a disputed claim; and
b: the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.
2: Any sum paid by the party in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206E(2) 1993 No 87 s 214BB (pre-20 December 2007); 2007 No 111 s 103
206G: Leave to pay claim after time limitation
1: On the application of a claimant or a party, a District Court may make an order granting leave to a party to pay—
a: a claim for election expenses sent after the period specified in section 206E(1)
b: a claim not paid in the period specified in section 206E(2)
c: a disputed claim in respect of which an action was not brought within the period specified in section 206F(1)(b)
2: Any sum paid by the party in accordance with an order made under subsection (1) section 206E(2) 1993 No 87 s 214BC (pre-20 December 2007); 2007 No 111 s 104
206H: Invoice and receipt required for election expenses of $100 or more
Every payment made in respect of any election expenses of a party, other than a payment that is less than $100, must be vouched by an invoice stating the particulars and by a receipt. 1993 No 87 s 214BD (pre-20 December 2007); 2007 No 111 s 105
206I: Return of party's election expenses
1: Within 50 working days after the day on which the declaration required by section 193(5) is made, a party secretary must file a return of the party's election expenses with the Electoral Commission.
2: The return must be—
a: in the form required by the Electoral Commission; and
b: accompanied by an auditor's report obtained under section 206L 1993 No 87 s 214C(1) (pre-20 December 2007); 2007 No 111 s 106
206J: Appointment of auditor for party
1: A party must appoint an auditor.
2: On the registration of a party under section 67, the person named in the party's application under section 63(2)(c)(v) as the person who is to be appointed as the party's auditor is to be taken to have been appointed under subsection (1)
3: A party must without delay appoint another auditor if the auditor appointed by the party under subsection (1) subsection (2)
a: does not, for any reason, commence to hold office; or
b: ceases to hold office; or
c: becomes ineligible to hold office.
4: If at any time a party appoints a new auditor under subsection (3)
a: notify the Electoral Commission; and
b: send to the Electoral Commission—
i: the name, address, and contact details of the new auditor; and
ii: the new auditor's signed consent to the appointment. 1993 No 87 s 214D (pre-20 December 2007); 2007 No 111 s 10
206K: Persons eligible to be appointed as auditor
A person is eligible to be appointed as an auditor under section 206J
a: a constituency candidate; or
b: a list candidate; or
c: an employee or partner of a person referred to in paragraph (a) or (b)
d: an officer or employee of a party; or
e: a body corporate; or
f: a person who, by virtue of section 199(1) of the Companies Act 1993, may not be appointed or act as an auditor of a company; or
g: a Returning Officer. 1993 No 87 s 214D(2) (pre-20 December 2007); 2007 No 111 s 12
206L: Auditor's report on return of party's election expenses
1: A party secretary must, before the Electoral Commission receives the return required by section 206I section 206J
2: The auditor must state in the report—
a: the position shown by the return in respect of the requirement that the party’s total election expenses not exceed the maximum amount prescribed by section 206B
b: either—
i: whether, in the auditor’s opinion, the position stated under paragraph (a)
ii: that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a)
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 auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties; or
b: proper records of the party’s election expenses 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 party’s election expenses and that are held by the party or the party secretary; and
b: may require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. 1993 No 87 s 214E (pre-20 December 2007); 2007 No 111 s 107
206M: Nil return
If a party secretary considers that there is no relevant information to disclose under section 206I 1993 No 87 s 214K (pre-20 December 2007); 2007 No 111 s 108
206N: Offences relating to return of party's election expenses
1: A party secretary who fails, without reasonable excuse, to comply with section 206I
2: A party secretary who files a return under section 206I
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.
3: A person charged with an offence against subsection (2)(a) subsection (2)(b) 1993 No 87 s 214C(2)–(4) (pre-20 December 2007); 2007 No 111 s 109
206O: Obligation to retain records necessary to verify return of party's election expenses
1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 206I
2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) 1993 No 87 s 214L (pre-20 December 2007); 2007 No 111 s 110
206P: Duty of Electoral Commission
If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police. 1993 No 87 s 214C(6) (pre-20 December 2007); 2007 No 111 s 111
206Q: Return of party's election 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
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) 1993 No 87 s 214J (pre-20 December 2007); 2007 No 111 s 112
206R: Unlawful use of public money not validated
Nothing in this subpart validates any use of public money that would otherwise be unlawful. 1993 No 87 s 214B(5) (pre-20 December 2007)
3: General provisions relating to donations
207: Interpretation
1: In this subpart, unless the context otherwise requires, donation
a: a candidate donation; or
b: a party donation.
2: In this subpart and subparts 4 to 6 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:
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 candidate donation
a: includes,—
i: where goods or services are provided 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 $200, the amount of the difference between the former value and the reasonable market value of those goods or services; and
ii: where goods or services are provided by a candidate under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and
iii: where credit is provided to a candidate on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the candidate of those more favourable terms and conditions; but
b: excludes the labour of any person that is provided to a candidate free of charge by that person contribution
a: was given—
i: to the donor; or
ii: to a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through one or more intermediaries, trustees, or nominees); and
b: would have been a donation if it had been given directly to the candidate or party; and
c: was given in the knowledge or expectation (whether by reference to a trust, agreement, or understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation contributor
a: beneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or
b: provides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds donation funded from contributions donor party donation
a: includes,—
i: where goods or services are provided 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 $1,000, the amount of the difference between the former value and the reasonable market value of those goods or services; and
ii: where goods or services are provided by a party under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and
iii: where credit is provided to a party on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the party of those more favourable terms and conditions; but
b: excludes—
i: the labour of any person that is provided to a party free of charge by that person; and
ii: any candidate donation that is included in a return made by a candidate under section 209 receive
a: the donor directly; or
b: the donor indirectly, via a transmitter transmitter
3: For the purposes of sections 207B, 207C, 207E, 207G, 207I, and 210C
a: donation section 208
b: party donation section 208 2007 No 111 s 21
207A: Donations and contributions include GST
All references to an amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or service donated or contributed. 2007 No 111 s 22
207B: Donations to be transmitted to candidate or party secretary
1: Every person to whom a candidate donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate.
2: Every person to whom a party donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the party secretary. 2007 No 111 s 23
207C: Contributors to be identified
1: This section applies to a donation that is funded from contributions.
2: If this section applies to a donation, the donor must, at the time of making the donation,—
a: disclose the fact that the donation is funded from contributions; and
b: if 1 or more contributions are each in sum or value $1,000 or less, disclose the total amount of those contributions; and
c: if 1 or more contributions are each in sum or value more than $1,000, disclose the following information about those contributions:
i: the total amount of those contributions; and
ii: the information described in subsection (3)
3: The information that must be disclosed about contributions under subsection (2)(c)(ii)
a: the name and address of each contributor and whether each contributor is an overseas person within the meaning of section 207K
b: the amount of each contributor's contribution.
4: A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2)
5: A party secretary must give back to the donor the entire amount of the donation, or its entire value, if the party secretary knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2)
6: For the purposes of sections 209 and 210 subsection (4) subsection (5) 2007 No 111 s 24
207D: Offence relating to contravention of section 207C
A donor who fails to comply with section 207C 2007 No 111 s 25
207E: Identity of donor to be disclosed by transmitter, if known
1: When a transmitter transmits a donation to a candidate or party secretary on behalf of the donor, the transmitter must disclose to the candidate or party secretary—
a: the fact that the donation is transmitted on behalf of the donor; and
b: the name and address of the donor; and
c: whether section 207C subsections (2) and (3)
2: Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1)(b) 2007 No 111 s 26
207F: Offence relating to contravention of section 207E
A transmitter who fails to comply with section 207E 2007 No 111 s 27
207G: Disclosure of identity of donor
1: If any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous candidate donation exceeding $1,000, the person must disclose the identity of the donor to the candidate.
2: If a candidate, list candidate, or any person involved in the administration of the affairs of a party knows the identity of the donor of an anonymous party donation exceeding $1,000, the candidate, list candidate, or person must disclose the identity of the donor to the party secretary. 2007 No 111 s 28
207H: Offence relating to contravention of section 207G
A person who fails to comply with section 207G 2007 No 111 s 29
207I: Anonymous donation may not exceed $1,000
1: If an anonymous candidate donation exceeding $1,000 is received by a candidate, the candidate must, within 20 working days of receipt of the donation, pay to the Chief Electoral Officer the amount of the donation, or its value, less $1,000.
2: If an anonymous party donation exceeding $1,000 is received by a party secretary, the party secretary must, within 20 working days of receipt of the donation, pay to the Electoral Commission the amount of the donation, or its value, less $1,000.
3: All amounts received by the Chief Electoral Officer and the Electoral Commission under this section must be paid into a Crown Bank Account. 2007 No 111 s 30
207J: Offence relating to contravention of section 207I
1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207I(1) or (2)
a: a corrupt practice if the circumvention is wilful; or
b: an illegal practice in any other case.
2: A candidate or party secretary who contravenes section 207I 2007 No 111 s 31
207K: Overseas donation may not exceed $1,000
1: For the purposes of this section, overseas person
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.
2: If a donation exceeding $1,000 is received from an overseas person by a candidate or party secretary, the candidate or party secretary must, within 20 working days of receipt of the donation,—
a: return to the overseas person the amount of the donation, or its value, less $1,000; or
b: if this is not possible, pay the amount of the donation, or its value, less $1,000—
i: to the Chief Electoral Officer, in the case of a candidate donation; or
ii: to the Electoral Commission, in the case of a party donation.
3: If a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1) 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,—
i: to the Chief Electoral Officer, in the case of a candidate donation; or
ii: to the Electoral Commission, in the case of a party donation.
4: All amounts received by the Chief Electoral Officer and the Electoral Commission under subsection (2) or (3) 2007 No 111 s 32
207L: Offence relating to contravention of section 207K
1: A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207K(2) or (3)
a: a corrupt practice if the circumvention is wilful; or
b: an illegal practice in any other case.
2: A candidate or party secretary who contravenes section 207K(2) or (3) 2007 No 111 s 33
207M: Records of candidate donations
1: A candidate must keep proper records of all candidate donations received by him or her.
2: A candidate who fails, without reasonable excuse, to comply with subsection (1) 2007 No 111 s 34
207N: Records of party donations
1: A party secretary must keep proper records of all party donations received by him or her.
2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) 2007 No 111 s 34
207O: Duty of Chief Electoral Officer in relation to donations
If the Chief Electoral Officer believes that any person has committed an offence against this subpart in relation to candidate donations or subpart 5 2007 No 111 s 35
207P: Duty of Electoral Commission in relation to donations
If the Electoral Commission believes that any person has committed an offence against this subpart in relation to party donations or subpart 4 or 6 2007 No 111 s 36
4: Donations protected from disclosure
208: Interpretation
In this subpart, unless the context otherwise requires,— authorised person section 208F(3) donation protected from disclosure section 208A(2) section 208A(3) 2007 No 111 s 37
208A: Method of making donation protected from disclosure
1: This section applies to any person who intends to make a donation in excess of $1,000 to a party while preventing the disclosure of the person's identity to—
a: the party concerned; and
b: the public generally.
2: A person to whom this section applies may send a donation in excess of $1,000 by way of a cheque, cash, or a bank draft to the Electoral Commission.
3: A donation under subsection (2)
a: the name of the party that is to receive the donation; and
b: the full name and address of the donor; and
c: if the donation made by the donor includes or comprises contributions from others, the name and address of every person who has contributed in excess of $1,000.
4: The Electoral Commission may request the donor to provide any further information the Commission considers necessary to confirm the identity of the donor or other details provided by the donor, and the donor must take all reasonable steps to comply with such a request as soon as is practicable. 2007 No 111 s 38
208B: Limit on maximum amount of donations protected from disclosure
1: The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of that party during a specified period is 10% (excluding any interest paid under section 208E(2) section 206B(1)
2: The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of the party from the same donor during any specified period is 15% (excluding any interest paid under section 208E(2) subsection (1)
3: For the purposes of this section,—
a: a specified period
i: the period beginning on 9 November 2008 and ending with the close of the day before polling day for the next general election after that date; and
ii: any subsequent period between polling day for one general election and polling day for the following general election:
b: to avoid doubt, if there is a change in the name of a donor or party, the donor or party must be treated as the same donor or party (as the case may be) as the donor or party was prior to the change of name. 2007 No 111 s 39
208C: Duty of Electoral Commission to provide advice on actual figures under section 208B
The Electoral Commission—
a: must, as soon as practicable after the commencement of this Act, publish on its Internet site, and by any other means the Commission considers appropriate, guidance specifying the relevant figures that constitute the maximum amounts referred to in section 208B(1) and (2)
b: may alter that guidance from time to time to reflect any changes in the relevant figures. 2007 No 111 s 40
208D: Duties of Electoral Commission on receipt of donation
1: The Electoral Commission, on receiving a donation under section 208A(2)
a: the requirements of section 208A(3) or (4)
b: payment of the donation would contravene a maximum amount referred to in section 208B
2: If subsection (1)(a)
a: if the name and contact details of the donor are known or can be readily ascertained, return the donation to the donor:
b: in any other case, pay the donation into a Crown Bank Account.
3: If subsection (1)(b)
a: if the name and contact details of the donor are known or can be readily ascertained, return any portion of the donation that exceeds a maximum limit set out in section 208B
b: in any other case, pay any portion of the donation that exceeds a maximum limit set out in section 208B 2007 No 111 s 41
208E: Timing of payment to parties
1: The Electoral Commission must pay all outstanding amounts due to a party under section 208D(1)
a: weekly, during the period between writ day and the return of the writ, at any general election:
b: monthly, at any other time.
2: If any interest is earned on a donation received under section 208A(2)
a: any sum paid by the Electoral Commission to the secretary of that party; or
b: any sum returned by the Electoral Commission to the donor; or
c: any sum paid by the Electoral Commission into a Crown Bank Account. 2007 No 111 s 42
208F: Offence of prohibited disclosure
1: No person may disclose the name or other identifying details of a donor or contributor in respect of a donation made, or proposed to be made, under section 208A(2)
a: any party secretary or person involved in the administration of the affairs of the party for whom the donation is intended; or
b: any other person (other than an authorised person).
2: Every person who contravenes subsection (1)
3: In this section, authorised person
a: a member or employee or other person engaged by the Electoral Commission:
b: a donor or contributor and any officer, employee, relative, adviser, or agent of the donor or contributor:
c: any other person to whom the identifying details must be supplied to enable the donation to be made (for example, an employee of a bank who processes a cheque by which the donation is made):
d: any person to whom the identifying details must be supplied to comply with 1 or more of the Inland Revenue Acts (within the meaning of section 3(1) of the Tax Administration Act 1994):
e: the Auditor-General:
f: any other person entitled to the information in question in accordance with any search warrant, summons, or any process under rules of court, or in the course of any proceedings.
4: Except as provided in this section, if there is any inconsistency between subsection (1) subsection (1) 2007 No 111 s 43
208G: Duty of Electoral Commission to report
1: The Electoral Commission must, in the manner required by subsection (2)
a: the total amounts received in donations under section 208A(2)
b: the amounts paid to a party secretary under section 208D(1)
c: the amount returned to donors under section 208D(2)(a) or (3)(a)
d: the amount paid into a Crown Bank Account under section 208D(2)(b) or (3)(b)
2: The Electoral Commission must report on the matters set out in subsection (1)
a: in each annual report, in relation to the financial year to which the report relates; and
b: quarterly, by publication on the Commission's Internet site and by any other means the Commission considers appropriate, in respect of the preceding 3-month period. 2007 No 111 s 44
5: Disclosure of candidates' donations
209: Return of candidate donations
1: A candidate must, at the same time as filing a return of election expenses under section 205K
a: the details specified in subsection (2) paragraphs (c) and (d)
b: whether section 207C subsection (3) section 207C
c: the details specified in subsection (4)
d: the details specified in subsection (5)
2: The details referred to in subsection (1)(a)
a: the name of the donor; and
b: the address of the donor; and
c: the amount of the donation; and
d: the date the donation was received.
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 each contribution made by the contributor; and
d: the date on which each related donation funded from contributions was made.
4: The details referred to in subsection (1)(c)
a: the date the donation was received; and
b: the amount of the donation; and
c: the amount paid to the Chief Electoral Officer under section 207I(1)
5: The details referred to in subsection (1)(d)
a: the date the donation or contribution was received; and
b: the amount of the donation or contribution; and
c: the amount paid to the overseas person or to the Chief Electoral Officer under section 207K(2) or (3)
6: Every return filed under subsection (1) 2007 No 111 s 45
209A: Nil return
If a candidate considers that there is no relevant information to disclose under section 209 2007 No 111 s 46
209B: Offences relating to return of candidate donations
1: A candidate who fails, without reasonable excuse, to comply with section 209
a: a fine not exceeding $40,000; and
b: if he or she has been elected, a further fine not exceeding $400 for every day that he or she sits or votes in the House of Representatives until the return is filed.
2: A candidate who files a return under section 209
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 candidate 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. 2007 No 111 s 48
209C: Obligation to retain records necessary to verify return of candidate donations
1: A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable a return under section 209
2: A candidate who fails, without reasonable excuse, to comply with subsection (1) 2007 No 111 s 47
209D: Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission
As soon as practicable after receiving a return filed under section 209 2007 No 111 s 49
209E: Return of candidate donations to be publicly available
1: The Chief Electoral Officer may publish, in any manner that the Chief Electoral Officer considers appropriate, every return filed under section 209
2: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return received from the Chief Electoral Officer under section 209D
3: During the public inspection period, the Chief Electoral Officer must make available for public inspection a copy of every return filed under section 209
4: The Chief Electoral Officer may make inspection under subsection (3) 2007 No 111 s 50
6: Disclosure of parties' donations
210: Annual return of party donations
1: A party secretary must file with the Electoral Commission, by 30 April in each year, a return of the party donations setting out, for the year ending with the immediately preceding 31 December,—
a: the details specified in subsection (2) paragraphs (c) to (e)
b: whether section 207C subsection (3) section 207C
c: the details specified in subsection (4)
d: the details specified in subsection (5)
e: the details specified in subsection (6) section 208D
2: The details referred to in subsection (1)(a)
a: the name of the donor; and
b: the address of the donor; and
c: the amount of the donation; and
d: the date the donation was received.
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 each contribution made by the contributor; and
d: the date on which each related donation funded from contributions was made.
4: The details referred to in subsection (1)(c)
a: the date the donation was received; and
b: the amount of the donation; and
c: the amount paid to the Electoral Commission under section 207I(2)
5: The details referred to in subsection (1)(d)
a: the date the donation or contribution was received; and
b: the amount of the donation or contribution; and
c: the amount paid to the overseas person or to the Electoral Commission under section 207K(2) or (3)
6: The details referred to in subsection (1)(e)
a: the date the payment was received; and
b: the amount of the payment; and
c: the amount of interest included in the payment.
7: Every return filed under subsection (1)
a: in the form required by the Electoral Commission; and
b: accompanied by an auditor's report obtained under section 210A
8: Despite anything in subsection (1) 2007 No 111 s 51
210A: Auditor's report on annual return of party donations
1: A party secretary must, before the Electoral Commission receives the return required by section 210 section 206J
2: The auditor must state in the report whether, in the auditor's opinion, the return fairly reflects the party donations received by the party secretary.
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 party donations received by the party secretary:
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 party donations 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 party donations and that are held by the party or the party secretary; and
b: may require the party secretary to provide any information and explanations that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report. 2007 No 111 s 52
210B: Nil return
If a party secretary considers that there is no relevant information to disclose under section 210 2007 No 111 s 53
210C: Return of party donation received from same donor exceeding $20,000
1: A party secretary must file with the Electoral Commission a return in respect of every party donation that exceeds $20,000.
2: A party secretary must file with the Electoral Commission a return in respect of every party donation that—
a: the party secretary knows is from a donor who in the 12 months immediately preceding the date of receipt of the donation (the last 12 months
b: when aggregated with all previous donations received from the donor in the last 12 months exceeds $20,000.
3: If a return is made under subsection (2)
4: A return filed under subsection (1)
a: the name of the donor (if known); and
b: the address of the donor (if known); and
c: the amount of the donation; and
d: the date the donation was received.
5: A return filed under subsection (2)
a: the name of the donor; and
b: the address of the donor; and
c: the amount of the donation; and
d: the amounts of all previous donations; and
e: the date the donation was received; and
f: the dates all previous donations were received.
6: A return must be filed under subsection (1) or (2) 2007 No 111 s 54
210D: Offences relating to return of party donations
1: A party secretary who fails, without reasonable excuse, to comply with section 210 or 210C
2: A party secretary who files a return under section 210 or 210C
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. 2007 No 111 s 56
210E: Obligation to retain records necessary to verify return of party donations
1: A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable returns under sections 210 and 210C
2: A party secretary who fails, without reasonable excuse, to comply with subsection (1) 2007 No 111 s 55
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
b: a report obtained under section 210A paragraph (a)
c: a return filed under section 210C
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) 2007 No 111 s 57 .
7: New section 219 inserted
The following section is inserted above section 220
219: Payments for exhibition of election notices
1: No payment or contract for payment may be made to any elector on account of the exhibition of, or the use of any house, land, building, or premises for the exhibition of, any address, poster, or notice that promotes or procures the election of a candidate or candidates at an election.
2: Subsection (1)
3: If any payment or contract for payment is knowingly made in contravention of this section before, during, or after an election, the person making the payment or contract and, if he or she knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract is guilty of an illegal practice. 1993 No 87 s 219 .
8: New section 221 inserted
The following section is inserted after section 220
221: Advertisements for candidates and political parties
1: Subject to subsections (2) and (3)
a: is used or appears to be used to promote or procure the election of a constituency candidate; or
b: encourages or persuades or appears to encourage or persuade voters to vote for a party registered under Part 4.
2: A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1)(a)
a: the publication of that advertisement is authorised in writing by the candidate or the candidate's agent or, in the case of an advertisement relating to more than one candidate, the candidates or the party to which they belong; and
b: the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business.
3: A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1)(b)
a: the publication of that advertisement is authorised in writing by the party secretary or his or her delegate; and
b: the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business.
4: Subject to subsections (2) and (3) subsection (1)
5: A candidate or the party secretary or his or her delegate will not be liable for an illegal practice under this section committed by an agent without the consent or connivance of the candidate or of the party secretary or his or her delegate, as the case may be.
6: Nothing in this section restricts the publication of any news or comments relating to an election in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2(1) of the Broadcasting Act 1989. 1993 No 87 s 221 (pre-20 December 2007) .
9: New section 221B inserted
The following section is inserted after section 221A
221B: Display of advertisement of a specified kind
1: During the period beginning 2 months before polling day and ending with the close of the day before polling day, the display of an advertisement of a specified kind is not subject to—
a: any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that applies in relation to the period when an advertisement of a specified kind may be displayed; or
b: any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation to the content or language used in an advertisement of a specified kind.
2: In this section, advertisement of a specified kind
a: encourages or persuades, or appears to encourage or persuade, voters to vote for a party registered under Part 4; or
b: is used, or appears to be used, to promote or procure the election of a candidate; but
c: does not include—
i: an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or
ii: an advertisement broadcast by any television station or by any electronic means of communication.
3: Nothing in this section limits or prevents the display before polling day of any advertisement relating to an election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local authority. 1993 No 87 s 221B (pre-20 December 2007) .
10: New section 224 substituted
Section 224
224: Punishment for corrupt or illegal practice
1: Every person who is guilty of any corrupt practice is liable on conviction on indictment 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 or a party secretary and who is convicted of any corrupt practice under Part 6A
ii: $40,000 in any other case.
2: Every person who is guilty of any illegal practice is liable on conviction on indictment to a fine not exceeding—
a: $40,000 in the case of a person who is a constituency candidate or a party secretary and who is convicted of any illegal practice under Part 6A
b: $10,000 in any other case.
3: Subsection (1)
a: section 201; or
b: section 43 of the Citizens Initiated Referenda Act 1993. 1993 No 87 s 224 (pre-20 December 2007); 2007 No 111 ss 141, 142 .
11: New section 226 substituted
Section 226
226: Time limit for prosecutions
1: A prosecution under any of the following provisions must be commenced within 6 months of the date on which the return was required to be filed:
a: section 205N(1)
b: section 206N(1)
c: section 209B(1)
d: section 210D(1)
2: A prosecution against any person for a corrupt practice or an illegal practice must be commenced—
a: within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but
b: not later than 3 years after the corrupt practice or illegal practice was committed. 1993 No 87 s 226 (pre-20 December 2007); 2007 No 111 s 140 .
12: Section 226A repealed
Section 226A
13: New sections 267A and 267B inserted
The following sections are inserted after section 267
267A: Regulations relating to advertisement of a specified kind
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations regulating—
a: all or any of the following matters in relation to an advertisement of a specified kind:
i: design:
ii: layout:
iii: shape:
iv: colour:
b: the procedures to be followed by any person before displaying an advertisement of a specified kind.
2: Regulations made under subsection (1)(a)
a: may be made only for the purpose of ensuring that an advertisement of a specified kind does not endanger the safety of road users; and
b: apply only during the period beginning 2 months before polling day and ending with the close of the day before polling day.
3: Regulations made under subsection (1)
a: impose different requirements for an advertisement of a specified kind depending on how it is published:
b: override or modify any other enactment and any bylaw or other instrument.
4: In this section, advertisement of a specified kind section 221B(2)
5: This section is subject to section 267B 1993 No 87 s 267A (pre-20 December 2007)
267B: Requirements before Minister can recommend that regulations be made
1: The Minister may not recommend the making of any regulations under section 267A(1)(a)
a: the Minister has consulted with the Minister who is for the time being responsible for the administration of the Land Transport Act 1998; and
b: the Minister is satisfied that the regulations do not restrict the rights of candidates and political parties any more than is reasonably necessary to ensure that an advertisement of a specified kind does not endanger the safety of road users; and
c: the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and
d: the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament.
2: The Minister may not recommend the making of any regulations under section 267A(1)(b)
a: the Minister has consulted with the Minister of Local Government; and
b: the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and
c: the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament. 1993 No 87 s 267B (pre-20 December 2007) .
14: Other amendments to principal Act
The principal Act is amended in the manner indicated in Schedule 1
2: Repeal, consequential amendments, and transitional and savings provisions
1: Repeal and consequential amendments
15: Repeal of Electoral Finance Act 2007
The Electoral Finance Act 2007 2009-03-01 Electoral Finance Act 2007
16: Consequential amendments to other enactments
The enactments listed in Schedule 2 2009-03-01 Citizens Initiated Referenda Act 1993 Summary Proceedings Act 1957
2: Transitional and savings provisions
17: Continuation of obligations and rights arising from election expenses in respect of 2008 general election
1: This section applies where, in respect of the 2008 general election, a person would, but for the repeal of the Electoral Finance Act 2007 section 15
a: be subject to a duty, liability, or restriction under any of the following provisions of the Electoral Finance Act 2007
i: sections 82 85 to 92
ii: sections 102 105 to 112
iii: sections 123 126 to 133
b: be entitled to seek relief under sections 83 84 103 104 124 125
c: be entitled to inspect a copy of a return under sections 92 112 133
2: The duty, liability, restriction, or entitlement must be complied with or recognised, as the case may be, and for that purpose the Electoral Finance Act 2007
3: This section has effect despite section 15
18: Continuation of obligations and rights arising under the Electoral Finance Act 2007 in respect of donations
1: This section applies where, in respect of a candidate donation, party donation, or third party donation made before the commencement of this Act, a person would, but for the repeal of the Electoral Finance Act 2007 section 15
a: be subject to a duty or liability under any of the following provisions of the Electoral Finance Act 2007
i: sections 23 to 36
ii: sections 38 to 44
iii: sections 45 to 50
iv: sections 51 to 57
v: sections 58 to 62
b: be entitled to have a donation returned under either of the following provisions of the Electoral Finance Act 2007
i: section 32
ii: section 41
c: be entitled to inspect a copy of a return under sections 50 57 62
2: The duty, liability, or entitlement must be complied with or recognised, as the case may be, and for that purpose the Electoral Finance Act 2007
3: This section has effect despite section 15
19: Annual return of party donations for year ending 31 December 2008
1: A party secretary is not required by section 210
2: Subsection (1) section 51 section 18
20: Annual return of party donations for year ending 31 December 2009
1: A return of party donations filed by a party secretary under section 210
a: was received by the party financial agent during the period beginning on 1 January 2009 and ending on 28 February 2009; and
b: would otherwise have been required to be included in a return under section 51 section 18
2: Despite section 18 section 51
3: In this section, party financial agent section 7
21: Transitional provision relating to section 210C of principal Act
Until 1 March 2010, section 210C(3) subsection (2) subsection (2) section 54(2)
22: Saving of section 19 of Interpretation Act 1999
Sections 17 18 section 19 Electoral Finance Act 2007
23: Transitional regulations
Section 23 repealed 2 March 2011 section 24
24: Expiry of section 23
Section 23 2011-03-02 Section 23


1: Title
This Act is the Government Superannuation Fund Amendment Act 2009.
2: Commencement
1: Section 5
2: The rest of this Act comes into force on 1 April 2009.
3: Amendments to Government Superannuation Fund Amendment Act 1969
1: This section amends the Government Superannuation Fund Amendment Act 1969
2: Section 5
1: Subsection (1A)
a: any person in respect of whom the initial adjustment under section 7 is required to be made on or after 1 April 2009:
b: any person to whom clause 3 of Schedule 2 applies.
1A: If this subsection applies, the aggregate percentage of increase to be applied to a basic allowance in accordance with section 6 for the purpose of determining the annual adjustment for any year must be the percentage (if any) calculated to 2 decimal places, as certified by the Government Statistician, by which the all groups index number of the New Zealand Consumers Price Index for the December quarter of the calendar year immediately preceding that which includes the date for the annual adjustment exceeds the basic index number.
1B: Subsection (1C)
a: in respect of whom the initial adjustment under section 7 is required to be made before 1 April 2009; and
b: to whom clause 1 or 2 of Schedule 2 or section 2(8) applies.
1C: If this subsection applies, the aggregate percentage of increase to be applied to a basic allowance in accordance with section 6 for the purpose of determining the annual adjustment each year must be calculated in accordance with the following formula: {[(1 + P1 ) × (1 + P2 )] − 1} × 100 100 100 where— P1 is the percentage (if any) calculated to 2 decimal places, as certified by the Government Statistician and proportionately adjusted (where appropriate) in accordance with clauses 1 and 2 of Schedule 2 or section 2(8) by which the all groups index number of the New Zealand Consumers Price Index for the December 2007 quarter exceeds the basic index number; and P2 is the percentage (if any) calculated to 2 decimal places, as certified by the Government Statistician, by which the all groups index number of the New Zealand Consumers Price Index for the December quarter of the calendar year immediately preceding that which includes the date for the annual adjustment exceeds the all groups index number of the New Zealand Consumers Price Index for the December 2007 quarter.
1D: In this section, unless the context otherwise requires,— basic index number
a: in any case where the second proviso to section 7(2) applies, the basic index number for the December quarter of the calendar year immediately preceding the calendar year in which the first day of the beneficiary's qualifying year (as determined under section 7(1)) falls:
b: in any other case where the date of qualification determined under Schedule 3 falls between 1 October and 31 March (both days inclusive), the basic index number for the June quarter of the calendar year in which the first day of the beneficiary's qualifying year (as determined under section 7(1)) falls:
c: in any case where neither paragraph (a) (b)
d: in any case where the date of qualification is 31 March 1956, the annual all groups index number of the New Zealand Consumers Price Index for the calendar year 1955, despite anything to the contrary in paragraphs (a) to (c)
1E: Subsections (1) to (1D)
3: Section 5
5: No person is entitled, because of the amendments made to this Act by section 3 2009-04-01 Government Superannuation Fund Amendment Act 1969
4: Amendment to Government Superannuation Fund Amendment Act 1979
1: This section amends the Government Superannuation Fund Amendment Act 1979
2: Section 7
7: Percentage of annual adjustment
1: The aggregate percentage of increase to be applied to a basic allowance in accordance with section 5 for the purpose of determining the annual adjustment for any year must be the percentage that is calculated under section 5(1A) (1C)
a: basic index number
i: in any case where the date of qualification falls between 1 October and 31 March (both days inclusive), the basic index number for the preceding June quarter; and
ii: in any case where the date of qualification falls between 1 April and 30 September (both days inclusive), the basic index number for the preceding December quarter; and
b: initial adjustment under section 7
2: No person is entitled, because of the amendments made to this Act by section 4 2009-04-01 Government Superannuation Fund Amendment Act 1979
5: Amendment to Government Superannuation Fund Act 1956
1: This section amends the Government Superannuation Fund Act 1956
2: Section 91A(2)(b) 9 10.8 2009-02-24 Government Superannuation Fund Act 1956


Corrections Amendment Act 2009

1: Title
This Act is the Corrections Amendment Act 2009.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 3 April 2009 Corrections Amendment Act 2009 Commencement Order 2009
3: Principal Act amended
This Act amends the Corrections Act 2004 OIC SR 2009/61 2009-04-03 Corrections Act 2004
1: Amendments to Corrections Act 2004
4: Interpretation
1: Section 3(1) electronic communication device
a: means an electronic communication device (other than a device used to assist with a disability) that is capable of any or all of the following actions:
i: transmitting sound:
ii: computing information:
iii: functioning as a telephone:
iv: communicating in any other way using any technology (including telecommunication, radiocommunication, Internet, and broadcasting technology):
b: includes any part of an electronic communication device (for example, a SIM card) regardless of whether the part—
i: is capable of any of the actions specified in paragraph (a)
ii: is detachable and may be used in other electronic communication devices:
c: includes any device that enables or facilitates the functioning of an electronic communication device (for example, a recharger or charging device):
d: does not include—
i: any telephone facility provided for the use of prisoners under section 77; and
ii: any telephone facility or telephone system (whether inside or outside a prison) that a prisoner is permitted to use by a person under whose control or supervision the prisoner is .
2: Paragraph (a)(v) of the definition of officer section 3(1) of 2 of 1
3: Paragraph (a) of the definition of officer section 3(1) ; but
vi: in respect of any provision, any employee of the department whom the chief executive designates to carry out the powers and functions of an officer under that provision in respect of 1 or more prisons; but .
4: The definition of official agency section 3(1) ; or
k: a national preventive mechanism (as defined in section 16 of the Crimes of Torture Act 1989) .
5: The definition of staff member of a prison staff member section 3(1) or independent contractor
6: The definition of unauthorised item section 3(1)
c: any electronic communication device: .
7: The definition of unauthorised item section 3(1)
fa: any thing or substance that could be used to tamper with any sample that a prisoner is required to supply in accordance with a prescribed procedure under section 124: .
5: Restrictions on exercise of certain powers
Section 23
3: Despite sections 21 and 22, the following provisions do not apply to a member of the armed forces, or an officer who is not also a member of the police:
a: sections 18 and 18A of the Misuse of Drugs Act 1975 (which confer powers of search and seizure):
b: section 13A of the Misuse of Drugs Amendment Act 1978 (which confers powers in relation to internal concealment):
c: sections 56 to 58 of the Misuse of Drugs Amendment Act 2005 (which confer enforcement powers in relation to restricted substances):
d: sections 200B, 200F, and 200G of the Summary Proceedings Act 1957 (which confer powers in relation to tracking devices).
6: Religious and spiritual needs
Section 79
3: Section 129(a) does not apply to a prisoner who, during a religious service (whether inside or outside a prison),—
a: consumes a small quantity of wine provided at the service by a prison chaplain or minister of religion for the purposes of the Eucharist, Holy Communion, Mass, or Communion, with the express authority of the prison manager or chief executive; or
b: consumes a small quantity of wine or other alcohol provided at the service as part of the ritual of the religion in question, by the person conducting the service, with the express authority of the prison manager or chief executive.
7: Possession, carriage, and use of firearms prohibited
1: The heading to section 86 prohibited restricted
2: Section 86
1: No officer or staff member may possess, carry, or use any firearm within a prison except as provided under subsection (3)
3: Section 86
3: The chief executive may, in writing, authorise an officer or staff member to possess, carry, or use a firearm within a prison, but only in a specified area of the prison for 1 or more of the following purposes:
a: for the purpose of any specified prison industry:
b: for the purpose of humanely killing sick or injured animals:
c: for the purpose of pest control.
4: If subsection (3)
a: may only be used by an officer or staff member who holds a current firearms licence under section 24 of the Arms Act 1983 and in accordance with that Act; and
b: must not be used while prisoners are present; and
c: must not be stored in a prison.
8: Definition of strip search
1: Section 90(2)
g: lift or raise any part of his or her body (including, for example, rolls of fat, genitalia, and breasts).
2: Section 90(3) and to conduct a visual examination of the anal and genital areas (without the use of any instrument or device designed to illuminate or magnify), and ears,
9: Authority to search property
Section 96
7: Authority to search any cell or other place, vehicle, or item, includes the authority to use an aid or aids such as a chemical substance or x-ray or imaging equipment or some other mechanical, electrical, or electronic device, or other similar aid.
10: Search of prisoners and cells
1: Section 98(6)(g) or immediately after immediately before
2: Section 98(6)(g)
iv: any hearing before the New Zealand Parole Board: .
3: Section 98(6)
j: if the prisoner is required under section 124 to submit to a prescribed procedure in the situation referred to in section 124(2)(d)
4: Section 98(8) (other than in the situation referred to in section 124(2)(d) section 124
11: Search of staff lockers and other places
Section 100
1: For the purpose of detecting an unauthorised item, an officer may, with the prior approval of the prison manager, and in the presence of another officer, search any place set aside in a prison for the exclusive use of any person other than a prisoner (for example, a staff member’s locker).
12: New section 103A inserted
The following section is inserted above section 104
103A: Interpretation
In this section and in sections 104 to 110A authorised officer 110A
13: General considerations relating to mail
Section 104 staff members authorised officers
14: Opening of mail
Section 106(2)
a: omitting a staff member an authorised officer
b: omitting staff member authorised officer
15: Reading of correspondence
1: Section 107(1)
1: An authorised officer may read correspondence between a prisoner and another person for the purpose of ascertaining whether it may be withheld under section 108(1).
2: Section 107(2) manager authorised officer
16: Withholding mail
1: Section 108(1)(d) has read under section 107(1), and the manager believes on reasonable grounds that it believes on reasonable grounds
2: Section 108(1)(d) ; or
v: prejudice the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences, and the right to a fair trial); or
vi: breach an order or direction of any court or constitute contempt of court.
17: Mail between prisoners, official agencies, and members of Parliament
Section 109 A staff member An authorised officer
18: Mail between prisoners and legal advisers
Section 110(1) A staff member An authorised officer
19: New sections 110A to 110C inserted
The following sections are inserted after section 110
110A: Restrictions on disclosure of mail
An authorised officer must not disclose any information obtained from correspondence contained in any mail between a prisoner and another person unless—
a: the disclosure is made to another authorised officer for the purpose of determining whether—
i: mail may be withheld under section 108(1); or
ii: mail that is withheld under section 108(1) should be forwarded to an enforcement officer under section 108(2); or
iii: paragraph (c)
b: the officer believes on reasonable grounds that the disclosure—
i: is necessary to avoid prejudice to the maintenance of the law by a public sector agency (within the meaning of the Privacy Act 1993), including the prevention, detection, investigation, prosecution, and punishment of offences; or
ii: is necessary for the conduct of proceedings (already commenced or reasonably in contemplation) before a court or tribunal; or
iii: is necessary to prevent or lessen a serious and imminent threat to public health, public safety, or the life or health of any person; or
iv: has been authorised by the Privacy Commissioner under section 54(1) of the Privacy Act 1993; or
c: the disclosure is required by any enactment or rule of law.
110B: Warnings in relation to mail
The chief executive must take all practicable steps to ensure that when, or reasonably promptly after, prisoners are received at a prison they are informed in writing—
a: that their correspondence—
i: may be opened and read; and
ii: may be withheld, and the grounds on which it may be withheld; and
b: about the types of correspondence that are exempted from being opened, read, and withheld, and the extent to which the exemptions apply.
110C: Application of Privacy Act 1993
The Privacy Act 1993 applies to any activity authorised under any of sections 104 to 110B
20: Prisoner may be required to submit to drug or alcohol test
1: Section 124(2)(c)(i) that aims to reduce that has as one of its aims the reduction of
2: Section 124(2)
d: if the prisoner has submitted to a prescribed procedure under this section by supplying a sample and the prison manager believes, on reasonable grounds, that the sample supplied is dilute, tainted, or otherwise contaminated.
21: Offences by prisoner
Section 128(1)(d) communication electronic
22: Offences by prisoners relating to drugs and alcohol
Section 129(a) or unless section 79(3) medical officer
23: Powers of hearing adjudicator in relation to offences against discipline
Section 133(4)
a: any offence against section 128(1), 129, 130, or 131, the hearing adjudicator may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown: .
24: Powers of Visiting Justice in relation to offences by prisoners
Section 137(4)
a: any offence against section 128(1), 129, 130, or 131, the Visiting Justice may, after giving the prisoner an opportunity to provide reasons why the order should not be made, and whether or not he or she imposes a penalty under subsection (3), order that any article or thing used to commit the offence or in respect of which the offence was committed be forfeited to the Crown: .
25: Unauthorised deliveries, communications, and recordings
1: The heading to section 141 and recordings recordings, and possession of unauthorised items
2: Section 141(1)
a: omitting Every person Subject to subsection (1A)
b: omitting and is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both
3: Section 141(1)(e) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
4: Section 141(1)(f) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
5: Section 141(1)
g: without reasonable excuse, has in his or her possession any unauthorised item while in a prison:
h: attempts to do any of the things described in paragraphs (a) to (g)
6: Section 141
1A: Subsection (1)(g) does not apply to a prisoner.
1B: A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $5,000, or to both, who—
a: commits an offence against subsection (1)(a), (b), (c), or (g)
b: commits an offence against subsection (1)(h) (g)
1C: A person is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both, who—
a: commits an offence against any of subsection (1)(d) to (f); or
b: commits an offence against subsection (1)(h)
7: Section 141(3)
a: omitting subsection (1) subsection (1B) or (1C)
b: by omitting or (d) (d), or (g)
26: New section 141A inserted
The following section is inserted after section 141
141A: Unauthorised use or possession of electronic communication device by prisoner
1: Every prisoner (whether inside or outside a prison) commits an offence who, except with the express authority of the prison manager or the chief executive,—
a: uses an electronic communication device knowing that he or she is not authorised to use it; or
b: knowingly has an electronic communication device in his or her possession.
2: A prisoner who commits an offence against subsection (1)
27: Restricted communications with, or deliveries to, prisoner outside prison
1: Section 143(1) and is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both
2: Section 143
2A: A person who commits an offence against subsection (1)(a) or (b) is liable on summary conviction to imprisonment for a term not exceeding 3 months, to a fine not exceeding $2,000, or to both.
2B: Despite subsection (2A)
3: Section 143(3)(a) the safety of any other person, the well-being of any victim of an offence committed by that prisoner, the safety of any person,
28: Contravention of section 118
1: The heading to section 146 110A or section
2: Section 146 110A section
29: Power of seizure
Section 150
3: Anything that is forfeited to the Crown—
a: under subsection (2) may, subject to any order of a court, be sold, used, destroyed, or disposed of in any manner that the chief executive directs:
b: under any provision of section 133 or 137 may be sold, used, destroyed, or disposed of in any manner that the chief executive directs.
30: New heading and sections 179A to 179E inserted
The following heading and sections are inserted after section 179 Emergency management
179A: Detention of prisoners eligible for release during outbreak or spread of infectious disease
1: A prisoner who is eligible for release under the Parole Act 2002 may be detained beyond his or her statutory release date in any part of the prison if that detention is pursuant to any order or requirement under section 70 or 79 of the Health Act 1956.
2: In this section, statutory release date
179B: No compensation for detention in prison under Health Act 1956
1: To avoid doubt, the Crown is not liable to make a payment to or otherwise compensate any person in respect of any detention in a prison if that detention is pursuant to any order or requirement under the Health Act 1956.
2: This section does not—
a: limit section 179E
b: affect any cause of action relating to unlawful arrest or detention.
179C: Interpretation
In this section and sections 179D and 179E act or omission section 179E(1)(a) epidemic emergency affecting a prison or prisoners
a: that occurs while an epidemic notice is in force; and
b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected epidemic notice failure section 179E(1)(b) prison emergency
a: affecting the safety or health of the prisoners or any class or group of prisoners, or the security of the prison; and
b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected regulations state of emergency affecting a prison or prisoners
a: within the meaning of section 4 of the Civil Defence Emergency Management Act 2002; and
b: in respect of which the chief executive reasonably believes that the corrections system is no longer able to fulfil its purpose in section 5(1)(a) in relation to the prison or prisoners affected.
179D: Notification of emergency
1: The chief executive must notify the Minister within 7 days of determining the existence of—
a: an epidemic emergency affecting a prison or prisoners; or
b: a prison emergency; or
c: a state of emergency affecting a prison or prisoners.
2: A notice under subsection (1)
a: be in writing and signed by the chief executive; and
b: state the date on which it is signed; and
c: state the nature of the emergency that exists; and
d: specify the actions taken to date in respect of the emergency; and
e: specify any action proposed to be taken to enable the corrections system to fulfil its purpose in section 5(1)(a).
3: The chief executive must notify the Minister within 7 days of determining that the emergency no longer exists.
4: A notice under subsection (3)
a: be in writing and signed by the chief executive; and
b: state the date on which it is signed; and
c: specify the actions taken in respect of the emergency.
179E: Exclusion of liability while epidemic notice in force or during emergency
1: There is no cause of action against the Crown, a Minister of the Crown, an officer or employee of a Minister of the Crown, the chief executive, an employee of the department, a contractor, or an independent contractor, to recover damages for any harm or loss that is due directly or indirectly to—
a: any act or omission by any person that occurs while carrying out his or her functions or duties or exercising his or her powers under a provision of this Act or the regulations that has been modified by Order in Council under the Epidemic Preparedness Act 2006 while an epidemic notice is in force; or
b: any failure by any person to comply (or comply fully) with any provision of this Act or the regulations if—
i: the failure occurs during an epidemic emergency affecting a prison or prisoners, a prison emergency, or a state of emergency affecting a prison or prisoners; and
ii: it is impossible or unreasonable in the circumstances to comply (or comply fully) with this Act or the regulations.
2: A person is not exempt from liability under subsection (1)
3: A person may apply to the High Court for leave to bring proceedings against any person referred to in subsection (1)
4: The court must not grant leave unless it is satisfied that there are grounds for the contention that the act or omission, or failure, constitutes bad faith or gross negligence on the part of the person against whom proceedings are sought to be brought.
5: An application for leave under subsection (3)
a: within 2 years after the act or omission, or failure, to which the application relates; or
b: in the case of a continuance of injury or damage, within 2 years after the ceasing of the injury or damage.
6: Nothing in this section—
a: prevents the Crown from making any ex gratia payment it considers justifiable on the basis of hardship or fairness:
b: limits the operation of section 86 of the State Sector Act 1988:
c: affects any cause of action relating to unlawful arrest or detention.
31: New heading and section 181A inserted
The following heading and section are inserted after section 181 Information sharing about highest-risk offenders
181A: Disclosure of information relating to highest-risk offenders
1: A specified agency that enters into an information sharing agreement under section 182D (as modified by subsection (5) subsection (3)
2: Nothing in subsection (1)
3: The purposes for which personal information about highest-risk offenders may be disclosed under an information sharing agreement between specified agencies are—
a: to assist the monitoring of compliance of highest-risk offenders with their conditions of release:
b: to assist in facilitating the rehabilitation of highest-risk offenders:
c: to facilitate the reintegration of highest-risk offenders into the community:
d: to manage the risk that the offender may commit further offences:
e: to identify any increased risk that the offender may breach his or her conditions or will commit further offences.
4: For the purposes of this section,— highest-risk offender specified agency
a: the Department of Corrections:
b: the New Zealand Police:
c: any public sector agency (as that term is defined in section 2 of the Privacy Act 1993) that the Minister of Justice, after consultation with the Privacy Commissioner, identifies as a specified agency for the purposes of this section by notice in the Gazette
5: Sections 182D and 182E apply to information sharing agreements about highest-risk offenders as if every reference in those sections to a child sex offender were a reference to a highest-risk offender.
6: Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison.
7: This section does not limit or affect any information sharing agreement under section 182D in relation to a child sex offender who is also a highest-risk offender.
32: Offender information may be disclosed to facilitate monitoring of certain offenders
1: The heading to section 182 certain offenders persons on temporary release
2: Section 182(1)
3: Section 182(3)
4: Section 182(4)
5: Section 182(5) or subsection (4)
6: Section 182(6)
33: Information sharing about child sex offenders
Section 182A
4: Information disclosed for the purposes of this section may be disclosed prior to the offender’s release from prison.
34: New heading and sections 189A to 189C inserted
The following heading and sections are inserted after section 189 Detection, interception, etc, of radiocommunications within prison boundaries
189A: Interpretation
In this section and sections 189B and 189C harmful interference interference radiocommunications unauthorised electronic communication
a: means any electronic communication made in contravention of section 141A(1)(a)
b: includes any electronic communication received on an electronic communication device that the prisoner uses or possesses in contravention of that section.
189B: Detection, interception, etc, of radiocommunications within prison boundaries
For the purpose of stopping or preventing unauthorised electronic communications to or from prisoners within prison boundaries, and the delivery, possession, or use of electronic communication devices by any person in contravention of section 141,—
a: any person authorised by the chief executive for the purpose of this section may use any equipment or device to detect, intercept, monitor, disable, disrupt, or interfere with radiocommunications within prison boundaries; but
b: no interference may be made under this section that would result in harmful interference outside prison boundaries.
189C: Recordings of unauthorised communications
If a prison manager believes on reasonable grounds that an unauthorised electronic communication contains information relating to the commission or attempted commission of an offence, a record of that communication may be made and given—
a: to an enforcement officer:
b: to the chief executive or any other employee of the department.
2: Amendments to other enactments
Crimes Act 1961
35: Amendment to Crimes Act 1961
1: This section amends the Crimes Act 1961
2: Section 216B(4)
a: omitting monitoring any monitoring of a
b: adding or any interception of a private communication if the interception is authorised under section 189B Corrections Act 2004 OIC SR 2009/61 2009-04-03 Crimes Act 1961 Parole Act 2002
36: Amendments to Parole Act 2002
1: This section and section 37 Parole Act 2002
2: Section 17
3: Subsection (2) is subject to section 179A OIC SR 2009/61 2009-04-03 Parole Act 2002
37: Conditions applying to release at statutory release date
Section 18
4: A prisoner to whom section 179A
a: is not, during the period between the statutory release date and the date of actual release, subject to any release conditions that will apply on or after his or her statutory release date; but
b: from the statutory release date the time begins to run on the prisoner’s release conditions.


1: Title
This Act is the Alcohol Advisory Council Amendment Act 2009.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Alcohol Advisory Council Act 1976 2009-03-17 Alcohol Advisory Council Act 1976
1: Amendments to principal Act
4: Interpretation
1: Section 2(1) basic unit of liquor fortified wine fruit wine grape wine
2: Section 2(1) class of liquor Schedule rate Schedule .
3: The definition of preceding statistical year section 2(1) beer, spirits, and wine each class of liquor
4: The definition of wine section 2(1) wine
a: includes—
i: cider, perry, and mead; and
ii: fortified wines such as sherry, port, and fruit or vegetable-based liquors; but
b: does not include—
i: beer or spirits; or
ii: any liquor containing no more than 1.15% volume of alcohol .
5: Section 2
6: Section 2(2D) and of subsection (2) of this section,
7: Section 2(3) and of subsection (2) of this section,
8: Section 2
5: For the purposes of section 26(2) Schedule
5: New sections 26 and 27 substituted
Sections 26 27
26: Minister to determine amounts of levy for each class of liquor
1: After assessing the aggregate levy figure in respect of any financial year, the Minister must determine, in accordance with subsection (2)
2: The process for determining the amounts of levy is as follows:
a: Step 1
b: Step 2 Schedule
c: Step 3
d: Step 4
e: Step 5
3: If a rate for a class of liquor is described in the table in the Schedule
a: determine the rate to be applied to that class of liquor; and
b: in making that determination, use the method for determining variable rates that is described in the Schedule
27: Rate of levy fixed by Order in Council
1: The Governor-General may, by Order in Council, fix for the next financial year, by reference to each class of liquor, the amount of levy payable under section 28
2: The amount of levy for each class of liquor must be as determined by the Minister in accordance with section 26(2)
3: If a rate for a class of liquor is described in the table in the Schedule section 26(3) section 26(2)
6: Levies payable by importers and manufacturers of liquor
Section 28
1: In every financial year a levy of the amount set by Order in Council made under section 27
a: enters for home consumption (as that expression is used in the Customs and Excise Act 1996) any imported liquor that contains more than 1.15% volume of alcohol; or
b: manufactures in New Zealand any beer or spirits; or
c: sells any wine manufactured by that person in New Zealand.
7: Regulations
1: Section 39
ba: amending or replacing the table in the Schedule .
2: Section 39 is amended by adding the following subsection as subsection (2):
2: Regulations under subsection (1)(ba)
a: for the purpose of aligning the rates for classes of liquor under this Act with the classification system applied to alcoholic beverages under Part B of Schedule 3 of the Customs and Excise Act 1996; and
b: after consultation with the Minister of Customs.
8: Schedule added
The Schedule
2: Transitional provision
9: Transitional provision
Section 28(1) Gazette section 27(1)