On this page
Services
- Printer-friendly view
- Last Update: 7 Aug 2009
- Provide feedback
Facebook
Digg
Twitter
MySpace
LinkedInElectoral Commission decisions database
The table below and downloadable spreadsheet at right allow you to search and manipulate a database of summary information relating to Electoral Commission decisions on alleged electoral law breaches.
The spreadsheet includes additional columns of the plain English and legal summary paragraphs from each decision (not all have both summaries).
| Decision number | Date of decision | Electoral Act | Broadcasting Act | Electoral Finance Act | In relation to (item/issue) | In relation to (names) | Head note (plain English summary) | Head note (legal summary) | Refer to police |
| 2008-01 | 19.05.08 | x | Late donation return | GREEN PARTY OF AOTEAROA NEW ZEALAND | Contravention of section 54 of the Electoral Finance Act 2007 by failure to file the return within 10 working days of receipt of the relevant donation. No offence committed under section 56 as there was reasonable excuse for the failure. | no | |||
| 2008-02 | 12.06.08 | x | Late donation return | LIBERTARIANZ | Libertarianz donation return for 2007 was filed after the due date. There was a reasonable excuse for the late filing therefore no offence was committed. | Failure to comply with section 214G(1) of the Electoral Act 1993 by failure to ensure the Electoral Commission received the annual return of party donations by 30 April 2008. No offence committed under section 214G(3) as there was reasonable excuse for the failure to comply. | no | ||
| 2008-03 | 12.06.08 | x | Late donation return | THE REPUBLIC OF NEW ZEALAND PARTY | The Republic of New Zealand Party’s donation return for 2007 was filed after the due date. There was a reasonable excuse for the late filing therefore no offence was committed. | Failure to comply with section 214G(1) of the Electoral Act 1993 by failure to ensure the Electoral Commission received the annual return of party donations by 30 April 2008. No offence committed under section 214G(3) as there was reasonable excuse for the failure to comply. | no | ||
| 2008-04 | 12.06.08 | x | Late donation return | DIRECT DEMOCRACY PARTY | The Direct Democracy Party’s donation return for 2007 was filed after the due date. There was a reasonable excuse for the late filing therefore no offence was committed. | Failure to comply with section 214G(1) of the Electoral Act 1993 by failure to ensure the Electoral Commission received the annual return of party donations by 30 April 2008. No offence committed under section 214G(3) as there was reasonable excuse for the failure to comply. | no | ||
| 2008-05 | 12.06.08 | x | Late donation return | THE ACT PARTY | ACT New Zealand’s donation return for 2007 was filed after the due date. There was a reasonable excuse for the late filing therefore no offence was committed. | Failure to comply with section 214G(1) of the Electoral Act 1993 by failure to ensure the Electoral Commission received the annual return of party donations by 30 April 2008. No offence committed under section 214G(3) as there was reasonable excuse for the failure to comply. | no | ||
| 2008-06 | 12.06.08 | x | Election advertisements | GREEN PARTY OF AOTEAROA NEW ZEALAND | The promoter statement on a billboard in Wellington promoting the Green Party did not contain the correct address but the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to display the residential address of the promoter, amounting to offences under sections 63(4) and 65(4) of the Act. For the purposes of section 70 the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2008-07 | 12.06.08 | x | Election advertisements | THE NEW ZEALAND NATIONAL PARTY | National Party flyer entitled “Join the conversation” does not contain a promoter statement. No contravention of the Electoral Finance Act 2007 as the flyer is not an election advertisement within the meaning of section 5 of the Act. | no | |||
| 2008-08 | 12.06.08 | x | Election advertisements | GREEN PARTY OF AOTEAROA NEW ZEALAND | Posters posted on a fence in Auckland promoting the Green Party did not display promoter statements. The posters were authorised by the financial agent of the Green Party and in their original form all contained promoter statements. No offence committed because the financial agent did not wilfully contravene the Act. | No offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 because the financial agent did not wilfully publish, or cause or permit to be published, an election advertisement in contravention of sections 63 or 65. | no | ||
| 2008-09 | 12.06.08 | x | Election advertisements | NEW ZEALAND FIRST | Banners on a house in Tauranga promoting New Zealand First did not display promoter statements. The offence will be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to display promoter statements, amounting to offences under sections 63(4) and 65(4) of the Act. The facts will be reported to the Police in accordance with section 70. | yes | ||
| 2008-10 | 29.07.08 | x | Election advertisement | NEW ZEALAND FIRST | No contravention of the Electoral Finance Act 2007 as the advertisement is not an election advertisement within the meaning of section 5 of the Act. | no | |||
| 2008-11 | 29.07.08 | x | Election advertisement | PROGRESSIVE | The item is an election advertisement and did not contain a promoter statement. The offence will be reported to the Police. | No determination was made as to who was the promoter of the election advertisement. Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to display promoter statements, amounting to offences under sections 63(4) and 65(4) of the Act. Depending on who is the promoter, may have breached sections 65(1)(a) and 63(2)(b). The facts will be reported to the Police in accordance with section 70. | yes | ||
| 2008-12 | 29.07.08 | x | Election advertisement | LABOUR | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to display the residential address of the promoter. There is no offence under sections 63(4) and 65(4) of the Act because it was not wilful. | no | |||
| 2008-13 | 29.07.08 | x | Election advertisement | NATIONAL PARTY | No contravention of the Electoral Finance Act 2007 as the appearance of the van is not an election advertisement within the meaning of section 5 of the Act. | no | |||
| 2008-14 | 29.07.08 | x | Election advertisement | LABOUR PARTY | No contravention of the Electoral Finance Act 2007 as the election advertisement contains the appropriate promoter statement. | no | |||
| 2008-15 | 29.07.08 | x | Election advertisement | PPTA (POST PRIMARY TEACHERS ASSOCIATION) | No contravention of the Electoral Finance Act 2007 as the billboard is not an election advertisement within the meaning of section 5 of the Act. | no | |||
| 2008-16 | 29.07.08 | x | Election advertisement | LABOUR PARTY | Insufficient information to enable proper consideration by the Commission, so will refer the matter to the police as they are able to investigate further. In addition, to send an advisory note to party and third party financial agents about phone push-polling and canvassing. | yes | |||
| 2008-17 | 29.07.08 | x | Election advertisement | LABOUR PARTY | The Commission is unable to consider the complaint as the subject matter is covered by parliamentary privilege. | no | |||
| 2008-18 | 29.07.08 | x | Late donation return | THE GREENS | Contravention of section 54 of the Electoral Finance Act 2007 by failure to file the return within 10 working days of receipt of the relevant donation. No offence committed under section 56 as there was reasonable excuse for the failure. | no | |||
| 2008-19 | 29.07.08 | x | Late donation return | NEW ZEALAND FIRST | The New Zealand First Party’s donation return for 2007 was filed after the due date. There was a reasonable excuse for the late filing therefore no offence was committed. | Failure to comply with section 214G(1) of the Electoral Act 1993 by failure to ensure the Electoral Commission received the annual return of party donations by 30 April 2008. No offence committed under section 214G(3) as there was reasonable excuse for the failure to comply. | no | ||
| 2008-20 | 29.07.08 | x | List as third party | EPMU | The EPMU will be listed on Monday 4 August 2008 unless the Commission previously is restrained by court order. | no | |||
| 2008-21 | 19.08.08 | x | Election advertisement | LABOUR PARTY | Item appearing in the Chinese Express Weekly did not contain a promoter statement. No contravention of the Electoral Finance Act 2007 as the item is not an election advertisement within the meaning of section 5 of the Act. | no | |||
| 2008-22 | 19.08.08 | x | Election advertisement | NATIONAL PARTY | Leaflet inviting people to a meeting with John Key does not contain a promoter statement. No contravention of the Electoral Finance Act 2007 as the leaflet is not an election advertisement within the meaning of section 5 of the Act | no | |||
| 2008-23 | 19.08.08 | x | Election advertisement | NEW ZEALAND LABOUR PARTY | Mr Burns did not display a correct promoter statement for the party advertising on his campaign caravan. No offence committed because Mr Burns did not wilfully contravene the Act. | No offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 because Mr Burns did not wilfully publish, or cause or permit to be published, an election advertisement in contravention of sections 63 or 65. | no | ||
| 2008-24 | 19.08.08 | x | Election advertisement | NEW ZEALAND FIRST, HUTT VALLEY CHAMBER OF COMMERCE | Flyer inviting people to a meeting with Winston Peters. No contravention of the Electoral Finance Act 2007 as the flyer is not an election advertisement within the meaning of section 5 of the Act | no | |||
| 2008-25 | 19.08.08 | x | Election advertisements | EMA | Employers and Manufacturers Association (EMA) display advertisement in newspapers with the headline “Stop Mallard’s Attack On Workers” is an election advertisement. The EMA is not listed as a third party, and it appears that the cost of the item exceeds $12,000. The offence will be reported to the Police. | Contravention of section 63(2)(b) of the Electoral Finance Act 2007, by exceeding the election expense limit of $12,000 specified in section 63(3)(d), amounting to an offence under section 63(4) of the Act. The facts will be reported to the Police in accordance with section 70. | yes | ||
| 2008-26 | 19.08.08 | x | Election advertisement | NATIONAL PARTY | National Party document entitled ‘our policies so far’ displayed in National MP Chris Auchinvole’s office window, handed out at Fieldays, and available on websites. No contravention of the Electoral Finance Act 2007 as the document is not an election advertisement within the meaning of section 5 of the Act. | no | |||
| 2008-27 | 19.08.08 | x | Late donation return | THE ALLIANCE | The Alliance’s donation return for 2007 was filed after the due date. There was a reasonable excuse for the late filing therefore no offence was committed. | Failure to comply with section 214G(1) of the Electoral Act 1993 by failure to ensure the Electoral Commission received the annual return of party donations by 30 April 2008. No offence committed under section 214G(3) as there was reasonable excuse for the failure to comply. | no | ||
| 2008-28 | 19.08.08 | x | Late donation return | NEW ZEALAND DEMOCRATIC PARTY FOR SOCIAL CREDIT | The Democrats for Social Credit donation return for 2007 was filed after the due date. There was not a reasonable excuse for the late filing. The offence will be reported to the Police. | Failure to comply with section 214G(1) of the Electoral Act 1993 by failure to ensure the Electoral Commission received the annual return of party donations by 30 April 2008. No reasonable excuse for the failure to comply therefore offence committed under section 214G(3). The facts will be reported to the Police in accordance with section 214I(2). | yes | ||
| 2008-29 | 08.09.08 | x | Election advertisement | JIM ANDERTON’S PROGRESSIVE | JIM’s e-News of 16 May did not contain a promoter statement. The offence will be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to display a promoter statement, amounting to offences under sections 63(4) and 65(4) of the Act. The facts will be reported to the Police in accordance with section 70. | yes | ||
| 2008-30 | 18.9.08 | x | Election advertisement | THE NEW ZEALAND NATIONAL PARTY | National MP Chris Auchinvole’s website does not contain party election advertisements within the meaning of sections 4 and 5 of the Electoral Finance Act 2007. | The Electoral Commission made no determination about whether any contraventions of sections 63(2)(b) or 65(1)(a) occurred | no | ||
| 2008-31 | 18.9.08 | x | Election advertisement | THE NEW ZEALAND NATIONAL PARTY | National MP Eric Roy’s advertisements in the Southland Express do not contain party election advertisements within the meaning of sections 4 and 5 of the Electoral Finance Act 2007. | no | |||
| 2008-32 | 18.9.08 | x | Election advertisement | THE LABOUR PARTY | Labour MP Pete Hodgson’s letter canvassing contributions to the Labour Century Fund did not display a promoter statement. No offence committed because the contravention was not wilful. | No offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 because Mr Hodgson did not wilfully publish, or cause or permit to be published, an election advertisement in contravention of sections 63 or 65. | no | ||
| 2008-33 | 18.9.08 | x | Election advertisement | THE NEW ZEALAND NATIONAL PARTY (anti-National), Cameron slater | Items displayed and handed to members of the public during a protest outside the National Party conference, “authorised” by Clinton Smith, did not display promoter statements. No offence committed because the contravention was not wilful. | No offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 because Mr Smith did not wilfully publish, or cause or permit to be published, an election advertisement in contravention of section 63 or section 65. | no | ||
| 2008-34 | 09.10.08 | x | x | Election advertisements / election programmes | RADIO NETWORK, Shane Jones, winston Peters | NewsTalk ZB talkback programme hosted by Winston Peters MP is not an election advertisement within the meaning of section 5 of the Electoral Finance Act. NewsTalk ZB talkback programme hosted by Shane Jones MP is an election advertisement within the meaning of section 5 of the Electoral Finance Act, and did not contain a promoter statement. The offence will be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to provide a promoter statement, amounting to an offence under sections 63(4) and 65(4) of the Act. The facts will be reported to the Police in accordance with section 70. | yes | |
| 2008-35 | 13.10.08 | x | Election advertisement | www.beehive.govt.nz | Specified items on the Government website www.beehive.govt.nz are not election advertisements within the meaning of section 5 of the Electoral Finance Act 2007. | no | |||
| 2008-36 | 13.10.08 | x | Election advertisment | DB BREWERIES LTD | Tui billboards “When Winston says no he means no” are not election advertisements within the meaning of section 5 of the Electoral Finance Act 2007. | Tui billboards “When Winston says no he means no” are not election advertisements within the meaning of section 5 of the Electoral Finance Act 2007. | no | ||
| 2008-37 | 15.10.08 | x | False annual returns | ACT NEW ZEALAND | Free office space to the value of approximately $20,000 per year provided to ACT New Zealand up until 2005 was a party donation and was not included in ACT’s annual returns of donations for the relevant years. ACT is required to file amended returns for the relevant years. | Provision of free office space for the purposes of an out of Parliament office was a party donation for the purposes of section 214F of the Electoral Act 1993. The section 226 time limit for potential prosecutions has expired. Rectification of the public record is of principal concern. | no | ||
| 2008-38 | 20.10.08 | x | False annual returns | NEW ZEALAND FIRST | Summary of withheld decision Donations made to New Zealand First in the 2005, 2006 and 2007 years were not included in New Zealand First’s annual returns of donations for the relevant years. No offence committed by the Party Secretary in respect of the 2007 annual return. New Zealand First is required to file amended returns and accompanying auditor’s reports for the 2005 and 2006 years. The determination is in respect of the actions of the Party Secretary for New Zealand First only, as considered under Part 6 of the Electoral Act. This summary does not form part of the decision, which will not be released for now in order to avoid potential prejudice to a continuing police investigation. | Summary of withheld decision Donations made to New Zealand First in the 2005, 2006 and 2007 years were not included in New Zealand First’s annual returns of donations for the relevant years. No offence committed by the Party Secretary in respect of the 2007 annual return. New Zealand First is required to file amended returns and accompanying auditor’s reports for the 2005 and 2006 years. The determination is in respect of the actions of the Party Secretary for New Zealand First only, as considered under Part 6 of the Electoral Act. This summary does not form part of the decision, which will not be released for now in order to avoid potential prejudice to a continuing police investigation. | no | ||
| 2008-39 | 23.10.08 | x | Election Advertisement | ACT NEW ZEALAND | Act New Zealand candidate Kenneth Wang’s billboard and pamphlet captioned “Vote Kenneth Wang, get Wang + Wong” do not contain election advertisements in favour of the National Party within the meaning of sections 5 and 65(1) of the Electoral Finance Act 2007. | Act New Zealand candidate Kenneth Wang’s billboard and pamphlet captioned “Vote Kenneth Wang, get Wang + Wong” do not contain election advertisements in favour of the National Party within the meaning of sections 5 and 65(1) of the Electoral Finance Act 2007. | no | ||
| 2008-40 | 23.10.08 | x | Election Advertisment | LABOUR PARTY | The Office of the Prime Minister published a Labour Party video on YouTube without a promoter statement. No determination made as to whether the video is an election advertisement but, if it is an election advertisement, any potential contravention was not wilful and therefore no offence committed. | No offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 in respect of a Labour Party video published on YouTube because the Office of the Prime Minister did not wilfully publish, or cause or permit to be published, an election advertisement in contravention of sections 63 or 65. | no | ||
| 2008-41 | 03.11.08 | x | x | election advertisment / election programme | LABOUR PARTY | Live broadcast of the Prime Minister’s election date announcement is not an election advertisement within the meaning of the Electoral Finance Act, and is not a prohibited election programme within the meaning of the Broadcasting Act. | The live broadcast was selected by or with the authority of the broadcasters for the purpose of informing their audiences within the meaning of section 5(2)(c) of the Electoral Finance Act 2007 and is therefore not an election advertisement within the meaning of section 5 of that Act. The live broadcast was a news programme within the meaning of section 70(3) of the Broadcasting Act 1989 and is therefore not a prohibited election programme within the meaning of section 70 of that Act. | no | |
| 2008-42 | 11.11.08 | x | Election advertisement | TREVOR MALLARD MP JIM ANDERTON MP | National Party polices released by Trevor Mallard MP and Jim Anderton MP are not election advertisements within the meaning of section 5 of the Electoral Finance Act 2007 and therefore their publication is not governed by the requirements of the Act. | National Party polices released by Trevor Mallard MP and Jim Anderton MP are not election advertisements within the meaning of section 5 of the Electoral Finance Act 2007 and therefore their publication is not governed by the requirements of the Act. | no | ||
| 2008-43 | 11.11.08 | x | Election advertisement | COBB & CO PARAPARAUMU & NATIONAL PARTY | Advertisement in the Kapiti Observer sponsored by Cobb & Co Paraparaumu is an election advertisement in favour of the National Party, did not contain a satisfactory promoter statement, and its publication was not authorised in writing by the National Party. The defects in the promoter statement are so inconsequential to the public interest that the matter will not be reported to the Police, however the failure to obtain written authorisation of the Party will be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to provide a satisfactory promoter statement, amounting to an offence under sections 63(4) and 65(4) of the Act. For the purposes of section 70 the offences are so inconsequential there is no public interest in reporting the facts to the Police. Contravention of section 65(1)(a) of the Electoral Finance Act 2007 by publication of an advertisement in favour of a party without written authorisation of the financial agent of that party. The facts will be reported to the Police in accordance with section 70. | yes | ||
| 2008-44 | 26.11.08 | x | Election advertisement | ACT NEW ZEALAND | Flyer distributed in Hunua electorate promoting Roger Douglas and ACT New Zealand is an election advertisement in favour of ACT, did not contain a promoter statement, and its publication was not authorised in writing by the financial agent for ACT. The failure to provide a promoter statement was not wilful and therefore no offence was committed in respect of that oversight, however the failure to obtain written authorisation from the party financial agent will be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to provide a promoter statement. No offence committed under sections 63(4) and 65(4) of the Act as the failure was not wilful. Contravention of section 65(1)(a) of the Electoral Finance Act 2007 by publication of an advertisement in favour of a party without written authorisation of the financial agent of that party. The facts will be reported to the Police in accordance with section 70. | yes | ||
| 2008-45 | 26.11.08 | x | Election advertisement | ACT NEW ZEALAND | Rodney Hide’s jacket bearing an embroidered logo and slogan did not contain a promoter statement and its publication does not appear to have been authorised in writing by the financial agent for ACT New Zealand. The offence will be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007 by failure to display a promoter statement, and contravention of 65(1)(a) by failure to obtain written authorisation from the party financial agent, amounting to offences under sections 63(4) and 65(4) of the Act. The facts will be reported to the Police in accordance with section 70. The Electoral Commission made no determination about whether any contravention of section 63(2)(b) occurred. | yes | ||
| 2008-46 | 26.11.08 | x | Election advertisement | THE NEW ZEALAND NATIONAL PARTY | Flyer distributed by Nicky Wagner MP did not contain a promoter statement and its publication does not appear to have been authorised in writing by the financial agent for the National Party. The offence will be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007 by failure to display a promoter statement, and contravention of 65(1)(a) by failure to obtain written authorisation from the party financial agent, amounting to offences under sections 63(4) and 65(4) of the Act. The facts will be reported to the Police in accordance with section 70. The Electoral Commission made no determination about whether any contravention of section 63(2)(b) occurred. | yes | ||
| 2008-47 | 26.11.08 | x | Election advertisement | GREEN PARTY OF AOTEAROA NEW ZEALAND | Green Party signs in Palmerston North did not contain a promoter statement but the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to display a promoter statement, amounting to an offence under sections 63(4) and 65(4) of the Act. For the purposes of section 70 the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2008-48 | 03.12.08 | x | Election advertisement | NEW ZEALAND LABOUR PARTY | A red balloon, bearing the Labour Party logo and website, displayed at a university club day is not an election advertisement within the meaning of section 5 of the Electoral Finance Act 2007. | A red balloon, bearing the Labour Party logo and website, displayed at a university club day is not an election advertisement within the meaning of section 5 of the Electoral Finance Act 2007. | no | ||
| 2008-49 | 03.12.08 | x | Election advertisement | ACT NEW ZEALAND | The ACT New Zealand booklet “Not your typical party” was not “published” within the meaning of section 4 of the Electoral Finance Act 2007 when it was handed to a journalist at an ACT party conference. | The ACT New Zealand booklet “Not your typical party” was not “published” within the meaning of section 4 of the Electoral Finance Act 2007 when it was handed to a journalist at an ACT party conference. | no | ||
| 2008-50 | 03.12.08 | x | Election advertisement | NEW ZEALAND LABOUR PARTY | Labour Party billboard was not “published” within the meaning of section 4 of the Electoral Finance Act 2007 when it was displayed to journalists filming a TV3 news item. | Labour Party billboard was not “published” within the meaning of section 4 of the Electoral Finance Act 2007 when it was displayed to journalists filming a TV3 news item. | no | ||
| 2008-51 | 11.12.08 | x | Election advertisement | TE RUNANGA O AOTEAROA / LABOUR PARTY / MAORI PARTY | Te Runanga O Kirikiriroa advertisement in the Hamilton Press contains election advertisements in favour of the Labour Party and the Maori Party, does not contain a satisfactory promoter statement, and its publication was not authorised in writing by the parties. The defects in the promoter statement are so inconsequential to the public interest that the matter will not be reported to the Police, however the failure to obtain written authorisation of the Parties will be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to provide a satisfactory promoter statement, amounting to an offence under sections 63(4) and 65(4) of the Act. For the purposes of section 70 the offences are so inconsequential there is no public interest in reporting the facts to the Police. Contraventions of section 65(1)(a) of the Electoral Finance Act 2007 by publication of advertisements in favour of parties without written authorisation of the financial agents of those parties. The facts will be reported to the Police in accordance with section 70. | yes | ||
| 2008-52 | 11.12.08 | x | Election advertisement | LABOUR PARTY | Labour Party sign in Mount Maunganui had a slash attached which obscured the promoter statement. No offence committed because the contravention was not wilful. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to display a promoter statement, but no offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 because the election advertisement was not wilfully published in contravention of sections 63 or 65. | no | ||
| 2008-53 | 16.12.08 | x | Election advertisement | LABOUR PARTY | Labour Party CD did not contain a satisfactory promoter statement but, if any offence has been committed, it is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to display a satisfactory promoter statement. No determination of whether the contravention was committed wilfully, therefore no determination whether any offence committed under sections 63(4) and 65(4) of the Act. For the purposes of section 70, if any offence has been committed it is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2008-54 | 16.12.08 | x | x | Election advertisement / election programme | ALLIANCE PARTY / TOROA RADIO | Episode of the Alliance Party Red and Green Show broadcast on Toroa Radio on 3 October 2008 is not an election advertisement within the meaning of section 5 of the Electoral Finance Act. Episode of the Alliance Party Red and Green Show broadcast on Toroa Radio on 3 October 2008 is a prohibited election programme within the meaning of the Broadcasting Act. The offence will be reported to the Police. | Contravention of section 70(1) of the Broadcasting Act 1989, by broadcasting a prohibited election programme, amounting to an offence under section 80 of the Act. The facts will be reported to the Police in accordance with section 80A. | yes | |
| 2009-01 | 12.02.09 | x | Late donation return | FAMILY PARTY | The Family Party returns of donations received from same donor in excess of $20,000 were filed after the due dates. There was not a reasonable excuse for the late filing. The offences will be reported to the Police. | Contraventions of section 54 of the Electoral Finance Act 2007 by failure to file returns within 10 working days of receipt of the relevant donations. No reasonable excuse for the failure to comply therefore offence committed under section 56(1). The facts will be reported to the Police in accordance with section 36. | yes | ||
| 2009-02 | 12.02.09 | x | Election advertisement | RICHARD GREEN | Mr Green displayed a hedge pruned in a manner that the word “Green” is visible. No determination made as to whether the hedge is an election advertisement but, if it is an election advertisement, any potential contravention was not wilful and therefore no offence committed. Even if an offence had been committed, the matter is so inconsequential to the public interest that the matter would not be reported to the Police. | No offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 in respect of a hedge displaying the word “Green” because the owner did not wilfully publish, or cause or permit to be published, an election advertisement in contravention of sections 63 or 65. Furthermore, if an offence had been committed, for the purposes of section 70 the offence would be so inconsequential there would be no public interest in reporting the facts to the Police. | no | ||
| 2009-03 | 01.04.09 | x | Late expense return | ACT NEW ZEALAND | The ACT Party 2008 election expense return was filed after the due date. There was not a reasonable excuse for the late filing however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file election expense return within 50 working days of the gazetting of list candidates. No reasonable excuse for the failure to comply therefore offence committed under section 109(1). For the purposes of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-04 | 01.04.09 | x | Late expense return | NEW WORLD ORDER | The New World Order 2008 election expense return was filed after the due date. There was not a reasonable excuse for the late filing however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file election expense return within 50 working days of the gazetting of list candidates. No reasonable excuse for the failure to comply therefore offence committed under section 109(1). For the purposes of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-05 | 01.04.09 | x | Late expense return | PACIFIC PARTY | The Pacific Party 2008 election expense return was filed after the due date. There was not a reasonable excuse for the late filing however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file election expense return within 50 working days of the gazetting of list candidates. No reasonable excuse for the failure to comply therefore offence committed under section 109(1). For the purposes of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-06 | 01.04.09 | x | Late expense return | RESIDENTS ACTION PARTY | The RAM 2008 election expense return was filed after the due date. There was not a reasonable excuse for the late filing however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file election expense return within 50 working days of the gazetting of list candidates. No reasonable excuse for the failure to comply therefore offence committed under section 109(1). For the purposes of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-07 | 01.04.09 | x | Late expense return | WORKERS PARTY | The Workers Party 2008 election expense return was filed after the due date. There was not a reasonable excuse for the late filing however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file election expense return within 50 working days of the gazetting of list candidates. No reasonable excuse for the failure to comply therefore offence committed under section 109(1). For the purposes of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-08 | 01.04.09 | x | Late expense payment | ACT NEW ZEALAND | The ACT Party made payment of 2008 election expenses after the due date, however the offences are so inconsequential to the public interest that the matters will not be reported to the Police. | Offence committed under section 102(3) of the Electoral Finance Act 2007 by making payment of an election expense more than 40 working days after the gazetting of list candidates. For the purposes of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-09 | 01.04.09 | x | Late expense payment | THE GREENS | The Green Party made payment of a 2008 election expense after the due date, however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Offence committed under section 102(3) of the Electoral Finance Act 2007 by making payment of an election expense more than 40 working days after the gazetting of list candidates. For the purposes of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-10 | 30.04.09 | x | late expense return | THE ALLIANCE | The Alliance 2008 election expense return was filed after the due date. No offence committed because there was a reasonable excuse for the late filing. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file election expense return within 50 working days of the gazetting of list candidates. No offence committed under section 109(1) as there was a reasonable excuse for the failure to comply. | no | ||
| 2009-11 | 30.04.09 | x | late expense return | DIRECT DEMOCRACY PARTY | The Direct Democracy Party 2008 election expense return was filed after the due date and remains incomplete. There was not a reasonable excuse for the late filing and failure to file a complete return however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file duly completed election expense return within 50 working days of the gazetting of list candidates. No reasonable excuse for the failure to comply therefore offence committed under section 109(1). For the purpose of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-12 | 30.04.09 | x | late expense return | REPUBLIC OF NZ PARTY | The Republic of New Zealand Party 2008 election expense return was filed after the due date. There was not a reasonable excuse for the late filing however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file election expense return within 50 working days of the gazetting of list candidates. No reasonable excuse for the failure to comply therefore offence committed under section 109(1). For the purpose of section 111, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-13 | 30.04.09 | x | late expense return | NZ FIRST | The New Zealand First 2008 election expense return was filed after the due date. No offence committed because there was a reasonable excuse for the late filing. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file election expense return within 50 working days of the gazetting of list candidates. No offence committed under section 109(1) as there was a reasonable excuse for the failure to comply. | no | ||
| 2009-14 | 30.04.09 | x | Late donation return | NATIONAL DISTRIBUTION UNION | The National Distribution Union 2008 donation return was filed after the due date. There was not a reasonable excuse for the late filing however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 58 of the Electoral Finance Act 2007 by failure to file donation return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 61(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-15 | 28.05.09 | x | Late donation return | FAMILY FIRST NEW ZEALAND | The Family First New Zealand 2008 third party donation return was filed after the due date. No offence committed because there was a reasonable excuse for the late filing. | Contravention of section 58 of the Electoral Finance Act 2007 by failure to file donation return within 70 working days of polling day. No offence committed under section 61(1) as there was a reasonable excuse for the failure to comply. | no | ||
| 2009-16 | 30.04.09 | x | Late donation & expense returns | TERRENCE DELL | The Terrence Dell 2008 third party returns of donations and election expenses were filed after the due date. There was not a reasonable excuse for the late filing however the offences are so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 58 of the Electoral Finance Act 2007 by failure to file donation return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 61(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. Contravention of section 127 of the Electoral Finance Act 2007 by failure to file election expense return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 130(1). For the purpose of section 132, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-17 | 30.04.09 | x | Late donation & expense returns | NZ UNION OF STUDENTS'ASSOCIATIONS | The New Zealand Union of Students’ Associations’ 2008 third party returns of donations and election expenses were filed after the due date. There was not a reasonable excuse for the late filing however the offences are so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 58 of the Electoral Finance Act 2007 by failure to file donation return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 61(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. Contravention of section 127 of the Electoral Finance Act 2007 by failure to file election expense return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 130(1). For the purpose of section 132, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-18 | 30.04.09 | x | Late donation & expense returns | NZ CONSERVATIVE PARTY | The New Zealand Conservative Party 2008 third party returns of donations and election expenses were filed after the due date. There was not a reasonable excuse for the late filing however the offences are so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 58 of the Electoral Finance Act 2007 by failure to file donation return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 61(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. Contravention of section 127 of the Electoral Finance Act 2007 by failure to file election expense return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 130(1). For the purpose of section 132, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-19 | 30.04.09 | x | Late donation & expense returns | FOUNDATION FOR ECONOMIC GROWTH | The Foundation for Economic Growth Inc 2008 returns of third party donations and election expenses were filed after the due date. There was not a reasonable excuse for the late filing however the offences are so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 58 of the Electoral Finance Act 2007 by failure to file donation return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 61(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. Contravention of section 127 of the Electoral Finance Act 2007 by failure to file election expense return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 130(1). For the purpose of section 132, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-20 | 30.04.09 | x | Late / false expense return | LABOUR PARTY | The Labour Party filed an amended 2008 election expense return after the due date. No offence committed because there was a reasonable excuse for failing to file an accurate return by the due date and the financial agent took all reasonable steps to ensure the initial return was accurate. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file, within 50 working days of the gazetting of list candidates, a return setting out all the party’s election expenses. No offence committed under section 109(1) as there was a reasonable excuse for the failure to comply. No offence committed under section 109(2) because the financial agent did not file a return knowing it was false, had no intention to misstate or conceal the facts, and took all reasonable steps in the circumstances to ensure the initial return was accurate. | no | ||
| 2009-21 | 30.04.09 | x | Late / false expense return | GREEN PARTY OF AOTEAROA NEW ZEALAND | The Green Party filed amended 2008 election expense returns after the due date. No offence committed because there was a reasonable excuse for failing to file an accurate return by the due date and the financial agent took all reasonable steps to ensure the initial return was accurate. | Contravention of section 106 of the Electoral Finance Act 2007 by failure to file, within 50 working days of the gazetting of list candidates, a return setting out all the party’s election expenses. No offence committed under section 109(1) as there was a reasonable excuse for the failure to comply. No offence committed under section 109(2) because the financial agent did not file a return knowing it was false, had no intention to misstate or conceal the facts, and took all reasonable steps in the circumstances to ensure the initial return was accurate. | no | ||
| 2009-22 | 30.04.09 | x | Late / false donation return | FAMILY PARTY | The Family Party filed an amended return of donations received from same donor in excess of $20,000 after the due date. No offence committed because there was a reasonable excuse for failing to file an accurate return by the due date and the financial agent took all reasonable steps to ensure the initial return was accurate. | Contravention of section 54 of the Electoral Finance Act 2007 by failure to file, within 10 working days of receipt of the relevant donations, a return setting out all the donations from the same donor in the previous 12 months. No offence committed under section 56(1) as there was a reasonable excuse for the failure to comply. No offence committed under section 56(2) because the financial agent did not file a return knowing it was false, had no intention to misstate or conceal the facts, and took all reasonable steps in the circumstances to ensure the initial return was accurate. | no | ||
| 2009-23 | 28.05.09 | x | Late donation & expense returns | HENRY MICHAEL HORTON | The Henry Michael Horton 2008 third party returns of donations and election expenses were filed after the due date. However no offence was committed as there was a reasonable excuse for the late filing. | Contravention of section 58 of the Electoral Finance Act 2007 by failure to file donation return within 70 working days of polling day. No offence committed under section 61(1) as there was a reasonable excuse for the failure to comply. Contravention of section 127 of the Electoral Finance Act 2007 by failure to file election expense return within 70 working days of polling day. No offence committed under section 130(1) as there was a reasonable excuse for the failure to comply therefore. | no | ||
| 2009-24 | 28.05.09 | x | Late donation return | NZ EDUCATIONAL INSTITUTE | The New Zealand Educational Institute 2008 third party donation return was filed after the due date. There was not a reasonable excuse for the late filing however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 58 of the Electoral Finance Act 2007 by failure to file donation return within 70 working days of polling day. No reasonable excuse for the failure to comply therefore offence committed under section 61(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-25 | 28.05.09 | x | Late donation return | JIM ANDERTON’S PROGRESSIVE | The Progressive 2008 donation return was filed after the due date. No offence committed because there was a reasonable excuse for the late filing. | Contravention of section 51 of the Electoral Finance Act 2007 by failure to donation return by 30 April 2009. No offence committed under section 56(1) as there was a reasonable excuse for the failure to comply. | no | ||
| 2009-26 | 28.05.09 | x | Late donation return | LIBERTARIANZ | The Libertarianz 2008 donation return was filed after the due date. There was not a reasonable excuse for the late filing and failure to file a complete return however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 51 of the Electoral Finance Act 2007 by failure to file duly completed annual donation return by 30 April 2009. No reasonable excuse for the failure to comply therefore offence committed under section 56(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-27 | 28.05.09 | x | Late donation return | UNITED FUTURE | The United Future 2008 donation return was filed after the due date. There was not a reasonable excuse for the late filing and failure to file a complete return however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 51 of the Electoral Finance Act 2007 by failure to file duly completed annual donation return by 30 April 2009. No reasonable excuse for the failure to comply therefore offence committed under section 56(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-28 | 28.05.09 | x | Late donation return | NEW ZEALAND LABOUR PARTY | A Labour Party return of donations received from same donor in excess of $20,000 was filed after the due date. There was not a reasonable excuse for the late filing. However as the time limit for any prosecution has expired, the offence will not be reported to the Police. | Contravention of section 54 of the Electoral Finance Act 2007 by failure to file return within 10 working days of receipt of the relevant donation. No reasonable excuse for the failure to comply therefore offence committed under section 56(1). The facts will not be reported to the Police as the time limit for commencing prosecution under section 140 has expired. | no | ||
| 2009-29 | 28.05.09 | x | Late / false donation return | NEW ZEALAND LABOUR PARTY | A donation made to the Labour Party in the 2007 year was not included in the Labour Party’s annual return of donations for 2007. No offence committed as the Party Secretary did not fail to keep proper records, had no intention to file a false return and took all reasonable steps to ensure it was accurate. | Although the 2007 return was materially false, no offence committed under section 214G(3) or 214G(4) of the Electoral Act 1993 as the Party Secretary did not fail to keep proper records, had no intention to mis-state or conceal the facts, and took all reasonable steps in the circumstances to ensure that the information in the return was accurate. | no | ||
| 2009-30 | 30.06.09 | x | Overseas donation exceeding $1,000 | NEW ZEALAND FIRST | New Zealand First received a donation from an overseas person exceeding $1,000 and relinquished the excess after the due date. However the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 32(2) of the Electoral Finance Act 2007 by failure to pay the excess to the donor or to the Electoral Commission within 20 working days, therefore offence committed under section 33(2). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-31 | 30.07.09 | x | Records of donations | NEW ZEA,LAND PACIFIC PARTY | Proper records were not kept of all donations received by the New Zealand Pacific Party. There was not a reasonable excuse for the failure to keep proper records however the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 34(1) of the Electoral Finance Act 2007 by failure to keep proper records of all donations received. No reasonable excuse for the failure therefore offence committed under section 34(2). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-32 | 30.07.09 | x | Failure to file donation return | DIRECT DEMOCRACY PARTY | The Direct Democracy Party 2008 donation return has not yet been filed. There was not a reasonable excuse for the failure to file a return within the required timeframe. However the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 51 of the Electoral Finance Act 2007 by failure to file duly completed annual donation return by 30 April 2009. No reasonable excuse for the failure to comply therefore offence committed under section 56(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-33 | 30.07.09 | x | Late / incomplete donation return | THE REPUBLIC OF NEW ZEALAND PARTY | The Republic of New Zealand Party 2008 donation return has not yet been completely filed. There was not a reasonable excuse for the failure to file a complete return. However the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 51 of the Electoral Finance Act 2007 by failure to file duly completed annual donation return by 30 April 2009. No reasonable excuse for the failure to comply therefore offence committed under section 56(1). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. | no | ||
| 2009-34 | 30.07.09 | x | x | overseas donation exceeding $1,000 / annual return of donations for 2007 | MAORI PARTY | The Maori Party received a donation from an overseas person exceeding $1,000 and relinquished the excess after the due date. However the offence is so inconsequential to the public interest that the matter will not be reported to the Police. | Contravention of section 32(2) of the Electoral Finance Act 2007 by failure to pay the excess to the donor or to the Electoral Commission within 20 working days, therefore offence committed under section 33(2). For the purpose of section 36, the offence is so inconsequential there is no public interest in reporting the facts to the Police. Although the 2007 return was materially false, no offence committed under section 214G(4) of the Electoral Act 1993 as the Party Secretary did not fail to keep proper records, had no intention to mis-state or conceal the facts, and took all reasonable steps in the circumstances to ensure that the information in the return was accurate. | no | |
| 2009-35 | 30.07.09 | x | Contributions to a donation | ROAD TRANSPORT TRUST | A donation made to the Maori Party in the 2007 year was not included in the Maori Party’s annual return of donations for 2007. No offence committed as the Party Secretary had no intention to file a false return and took all reasonable steps to ensure it was accurate. | Contravention of section 24 of the Electoral Finance Act 2007 by failure to disclose to parties that donations were funded from contributions and relevant information about the contributors. No offence committed under section 25 of the Act as the donor did not fail to disclose the information with the intention of concealing the identity of the contributors. | no | ||
| 2009-36 | 30.06.09 | x | Election advertisement & expense return | THE NATIONAL PARTY OF NEW ZEALAND | Video displayed on YouTube did not contain a statement of the promoter’s details and its publication does not appear to have been authorised in writing by the financial agent for the National Party. The facts will be reported to the Police. The video is not a National Party election expense as it was not an activity undertaken by or with the authority of the party secretary or financial agent. | Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007 by failure to display a statement of the promoter’s details, and contravention of 65(1)(a) by failure to obtain written authorisation from the party financial agent. No determination as to who the promoter was, whether the contraventions were wilful within the context of sections 63(4) and 65(4) of the Act, or whether any contravention of section 63(2)(b) occurred. The facts will be reported to the Police. No offence committed under section 109 of the Act as the video is not a National Party election expense within the meaning of section 94. | yes |