25. Is there a ban on candidates taking loans in relation to election campaigns?

New Zealand

New Zealand

Answer
No
Source

Subpart 1, Electoral Act 1993, (Amended 2023)
Subpart 1—General provisions relating to loans
212 Interpretation
In this Part,—
late period, in relation to the filing of a return, means the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later
lender, in relation to a loan, means the person providing the loan
loan,—
(a) to a candidate,—
(i) means a written or an oral agreement or arrangement under which
a lender lends money or agrees to lend money at specified dates or
on request or on the occurrence of a particular event for use in the
candidate’s campaign for election; but
(ii) does not include any money lent by a registered lender at a commercial interest rate:
(b) to a party,—
(i) means a written or an oral agreement or arrangement under which
a lender lends money or agrees to lend money at specified dates or
on request or on the occurrence of a particular event; but
(ii) does not include any money lent by a registered bank at a commercial interest rate loan amount means—
(a) the amount of money lent by the lender under the loan; or
(b) where any money may be lent under the loan in the future, the maximum
amount that may be owed at any one time; or 
(c) the total of the amounts in paragraphs (a) and (b), in any case where the
lender has provided, and may in the future provide, money under the loan
registered bank has the same meaning as in section 2(1) of the Banking (Prudential Supervision) Act 1989 
registered lender means a lender who is registered as a financial service provider under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.

213 Party secretary may enter into loan on behalf of party
(1) A party may enter into a loan only with the authorisation of the party secretary.
(2) Only the party secretary may enter into a loan on behalf of the party.
(3) If the party secretary enters into a loan that is not in writing, the party secretary
must, as soon as is reasonably practicable, make a written record of the loan.
(4) A loan entered into in contravention of this section is an illegal contract for the
purposes of subpart 5 of Part 2 of the Contract and Commercial Law Act 2017.

214 Offence to enter into unauthorised loan
A person is guilty of—
(a) a corrupt practice who willfully contravenes section 213; and
(b) an illegal practice who contravenes section 213 in any other case.


214A Offence to enter into arrangement to circumvent section 213, 214C, or
214F
A person who enters into an agreement, arrangement, or understanding with any other person for the purpose of circumventing section 213, or for the purpose of circumventing the disclosure required by section 214C or 214F, is guilty of an illegal practice.

214B Records of loans: parties
(1) A party secretary must keep proper records of all loans entered into on behalf
of the party.
(2) A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding
$40,000.

214BA Records of loans: candidates
(1) A candidate must keep proper records of all loans they enter into.
(2) A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding
$40,000.
 

Comment

No restrictions apply to maximum amounts but rules exist on procedure and disclosure.

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