General policy statement
The Bill makes several changes to the Electoral Act 1993 to send a clear signal that only those who are part of New Zealand’s democracy, and who live in, or have a strong connection to, this country, should participate in our electoral system.
Ban on donations from overseas persons
The Bill amends the Electoral Act 1993 to restrict donations from overseas persons to political parties and candidates, to reduce the risk of foreign money influencing the election process.
The changes are being applied only to parliamentary elections, not local elections.
The Bill bans candidates and parties from accepting donations over $50 from an overseas person in any form.
The definition of an overseas person in the Electoral Act 1993 is not being changed. The ban applies to donations from—
an individual who resides outside New Zealand and is neither a New Zealand citizen nor registered as an elector:
a body corporate incorporated outside of New Zealand:
an unincorporated body that has its head office or principal place of business outside New Zealand.
Candidates and party secretaries are required to take all reasonable steps to satisfy themselves that a donation over $50 is not from an overseas person. Candidates and party secretaries will not be guilty of an illegal practice if they take reasonable steps, in the circumstances of the donation, to ensure that they do not accept or retain a donation over $50 from an overseas person.
Other minor and technical changes
The Bill introduces 2 further measures to minimise the risk of foreign interference. These are—
a party secretary, or any person acting in the position of secretary, must live in New Zealand:
the offence of promoting anonymous advertisements relating to an election is extended so that it applies to all advertising mediums, including online advertising, in order to deter misleading anonymous online advertisements. This provision includes exemptions for online content that represents the personal political views of an individual.