Dated: 30 July 2009

Decision Number: 2009-34

Subject: The Maori Party was given the use of a house by an overseas person under an informal arrangement at no cost. The party commenced renting the house out in 2007 but did not include the value of the benefit of the house in its 2007 annual return of donations.
In 2008 the party returned all the rent to the owner, in three lump sums, as the owner was an overseas person.

The Electoral Commission considered whether:

• In respect of the 2008 year:
  • the excess of the 2008 donation was returned to the overseas donor within the timeframe specified in section 32 of the Electoral Finance Act;
  • any offence has been committed under section 33 of the Electoral Finance Act and, if so, whether the offence should be reported to the Police;
• in respect of the 2007 year:
  • whether a return was filed that was false in any material particular and, if so:
  • whether the Party Secretary filed a return that is false in a material manner and, if so, whether the Party Secretary filed the return knowing it was false, or whether the Party Secretary 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.

 Findings and Determination: 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.

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 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 theinformation in the return was accurate.

This headnote does not form part of the decision available under Downloads, at right.