Dated: 28 May 2009

Decision Number: 2009-28

Subject: A Labour Party return of party donations from the same donor exceeding $20,000 was received by the Electoral Commission on 30 April 2009. The return appears to have been received outside the statutory timeframe, triggered by accumulated donations from the same person exceeding $20,000. The information supplied on the return indicates that the Labour Party received a series of donations
from the donor over the last year, with the triggering donation being received on 28 October 2008. The return must be filed within 10 working days of the relevant donation being received by the financial agent.

 Findings and Determination: 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.

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