Electoral Commission decisions released
Electoral Commission decision 2009-25, Jim Anderton's Progressive, Registered party 2008 donation return
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.
Electoral Commission decision 2009-29, New Zealand Labour Party, Registered party 2007 donation return
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.
Electoral Commission decision 2009-28, New Zealand Labour Party, Returns of donations from same donor in excess of $20,000
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.
Electoral Commission decision 2009-27, United Future, Registered party 2008 donation return
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.
Electoral Commission decision 2009-26, Libertarianz, Registered party 2008 donation return
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.
Electoral Commission decision 2009-24, The New Zealand Educational Institute, Listed third party 2008 donation return
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.
Electoral Commission decision 2009-23, Henry Michael Horton, Listed third party 2008 donation and election expense return
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.
Electoral Commission decision 2009-15, Family First New Zealand, listed third party 2008 donation return
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.