Ministry of Justice
Proactive release of material related to submissions on proposed changes to political
donation rules
Date of issue: 23 December 2022
Some information has been withheld on the basis that it would not, if requested under the Of icial
Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA
has been noted and no public interest has been identified that would outweigh the reasons for
withholding it.
No. Document
Comments
1
Consultation submission - Proposed changes Released in full.
to political donations rules (National Party)
2
Consultation submission - Proposed changes Released in full.
to political donations rules (Social Credit
Party)
3
Consultation submission - Proposed changes Released in full.
to political donations rules (New Conservative
Party)
4
Internal File Note – Proposed changes to
Some information withheld under section 9(2)(a)
political donations rules (meeting with
to protect the privacy of natural persons.
Chartered Accountants Australia and New
Zealand - CAANZ)
5
Notes from meeting with External Reporting
Some information withheld under section 9(2)(a)
Board (XRB)
to protect the privacy of natural persons.
6
Internal File Note - Proposed changes to
Released in full.
political donations rules (meeting with ACT
Party)
7
Internal File Note - Proposed changes to
Some information withheld under section
political donations rules
9(2)(b)(i ) to protect the commercial position of
(meeting with Green Party of Aotearoa New
the company that is the subject of the information.
Zealand - Greens)
8
Additional notes from the Green Party of
Released in full.
Aotearoa New Zealand - Greens
9
Internal File Note - Proposed changes to
Some information withheld under section
political donations rules (meeting with New
9(2)(b)(i ) to protect the commercial position of
Zealand Labour Party - Labour)
the company that is the subject of the information.
10 Internal File Note – Proposed changes to
Some information withheld under section 9(2)(a)
political donation rules (meeting with New
to protect the privacy of natural persons.
Zealand National Party - National)
11 Internal File Note - Proposed changes to
Released in full.
political donations rules (meeting with
Sustainable New Zealand - Outdoors and
Freedom Party)
12 Internal File Note - Proposed changes to
Released in full.
political donations rules (meeting with
Sustainable New Zealand - SNZ)
13 Additional notes from Sustainable New
Released in full.
Zealand (SNZ)
14 Internal File Note - Proposed changes to
Released in full.
political donations rules (meeting with The
Opportunities Party - TOP)
Document 1
�Gtional
25 January 2021
Rajesh Chhana
Deputy Secretary
Ministry of Justice
Via Email - [email address]
Dear Rajesh
Thank you for the invitation to submit written feedback on the package of potential changes to political donation
settings.
This feedback is submitted on behalf of the National Party and in my capacity as National's Party Secretary - a
position I have held for over eleven years. As Party Secretary I have been involved in four General Elections,
overseen eleven donation audits and returns, and a significant number of special disclosures. The donations
framework is an area I have significant experience in both applying and working with a wide range of volunteer
officeholders to ensure the National Party's compliance with.
The National Party is a volunteer-run organisation comprised of 65 electorate entities, numerous special branches,
and hundreds of volunteer officeholders across the country. Each electorate, branch, and officeholder, has a role in
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understanding and complying with the political donation settings and are supported by a small team of paid
professionals based at our Service Centre, with 1.5 FTE focused on the finance space.
The volunteer-run nature of our Party makes changes to an already complex donations framework a particular
concern for us. We believe a balance must be struck between the need for common-sense regulations that ensure
the public has confidence in our democracy with the reality that volunteers are responsible for complying with an
already highly technical regulatory framework.
Our view is that the existing donation settings balance this effectively and therefore does not require significant
change.
Our feedback on the review's proposals are split into four areas:
1) Concerns on the timeline and appropriateness of reviewing donation settings in isolation.
2) Concerns on the prospect of proposed changes being made unilaterally.
3) Reality of implementation.
4) Detailed feedback on individual proposals.
This submission contains further detail on the themes raised during our in-person meeting on the 23
rd of December
2021 and reiterates our strong recommendation that the review of political donation settings be merged into the
announced Independent Review of electoral law.
We struggle to understand why the Ministry has prioritised a review of, and changes to, political donation settings at
this time and refute the basis stated by the Ministry that "Recent high-profile incidents involving donations to major
political parties or candidates ... " justify the proposed changes. The incidents alluded to by the Ministry show that
existing donation settings are in-fact working, being enforced effectively by regulating bodies, and are being dealt
with in a transparent and judicially prudent manner.
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New Zealand National Party
41 Pipitea StreetThorndon, Wellington, 6011 I PO Box 1155, Wellington 6140 I 0800 255 266 I [email address]
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Authorised by G Hamilton. 41 Pipitea Street, Wellington
It is important that these incidents are given the opportunity to work their way through the independent judicial
process. Pre-empting outcomes while matters are still before the courts does not provide a sound basis for changes
to any legal framework, least of all the legal framework that governs our democracy.
Cross-party support and agreement on electoral reform remains critical to public confidence in the integrity and
longevity of our electoral system. Cross-party support assures the public that electoral law is derived in the public
interest and not the interest of any one governing party.
Thank you again for the opportunity to submit feedback on the review. We look forward to continuing our
engagement with the Ministry in this critical area of importance for our democracy.
Regards,
Greg Hamilton
Party Secretary I General Manager
New Zealand National Party
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National
Concerns on the timeline and appropriateness of reviewing donation settings in isolation.
National opposes the Ministry's intent to progress with the specific review of, and changes to, donation settings
within the proposed timeline and in isolation from our wider democratic framework. This seems particularly difficult
to justify when a holistic review of electoral law has already been announced and is on the near horizon.
We oppose this for two reasons -1) We do not believe the timeline will enable effective consultation on the existing
framework, development of meaningful and sensible changes, or a reasonable window for implementation, and 2)
We do not believe donation settings can be considered in isolation from the rest of our democratic framework.
Political parties will begin formally preparing their election campaigns by the middle of this year, 2022, including
detailed campaign budgeting. By quarter three of 2022, these preparations will include the selection of candidates,
appointment of campaign leaders, and other high-level planning. In earnest, campaigns will take flight in early 2023.
The initial timeline proposed in the Ministry's Cabinet Paper suggests proposed changes will not come into effect
until the year of the general election, with implementation beginning just prior to this, or roughly 12 months out
from a potential election date. Ministry officials informed us in late 2021 that these dates are likely subject to change
given the disruption of COVID-19 on policy development, suggesting they will be further delayed until closer to the
election date.
If the intention for delivery of changes to donation settings in time for the 2023 election continues, we are
concerned that consultation, detailed proposal development, and implementation will be compromised with a risk
that they disrupt parties' ability to operate effectively in the upcoming election. This timeline is insufficient, and
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unfair to expect volunteer-run organisations to respond and implement complex administrative and regulatory
changes in the immediacy of a general election.
This likely timeline also runs counter to the precedent set by the electorate boundary review process that has been
determined as too disruptive to run in an election year and therefore must be complete with sufficient time before
the beginning of formal campaigns.
It is generally agreed that political parties play an essential role in our democracy-they find and support quality
candidates for Parliament, actively uphold their regulatory obligations, hold one another to account and develop and
present policies to the public in free and fair elections.
Core to delivering on this role is the ability to effectively raise and spend funds to finance these activities.
The Ministry's proposed changes to donation settings, particularly the proposed changes to disclosure thresholds,
will have a significant impact (to a much greater degree than noted in the Ministry's own analysis) on this ability to
raise funds. For National, we know the proposals would increase regulatory compliance costs whilst at the same time
reducing our ability to raise the funds to meet these.
The consequence of implementing the proposed changes need to be considered alongside the exploration not just of
donation laws, but also measures which would reduce parties' costs and regulatory obligations if parties means of
administering and upholding them are compromised, or consider alternative funding models for political parties. We
note this may on balance present bigger risks to public confidence than current arrangements.
Political donations are a key element of our current democratic system. They are intertwined heavily with parties'
ability to fulfil their other democratic functions and the ability of voters to express support through donations.
Donation settings must be considered in the wider scheme of electoral law as changes to these settings may have
impacts on other components of our democratic system, and vice-versa.
Our concerns with the shortened-timeframe and belief that donation settings should be considered within the wider
context of our electoral law, not in isolation, provide basis for this review to be bundled into the announced
Independent Review of electoral law. This is an opportunity for a holistic, time-rich, and all-encompassing review of
our democratic system, with proposals adequately offset across the system to reduce potential damaging impacts on
parties and their ability to meet their democratic responsibilities.
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National
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Simple examples of the unintended consequences of completing a review in isolation, and progressing with current
proposals, includes making financial donations to registered third parties (that are comparatively less regulated) and
individual candidates (with significantly lower expenditure thresholds) relatively more attractive than giving to a
political party. These consequences are counter to the intended design of our donation regime that encourages
giving to parties, which are relatively less susceptible to influence, given their devolved nature, larger size, and
greater expenditure caps.
Concerns on the prospect of proposed changes being made unilaterally.
National believes that at the core of our democratic system must be cross-party support and agreement on the rules
that govern our elections. New Zealanders deserve, and expect, a system that is stable and has the longevity to build
trust and confidence with the voting public. Implementing a change to donation settings, as a pre-cursor to a wider
review, in an election year, is simply inviting the public to dismiss the changes as in the interest of the governing
party.
We do not believe building cross-party support has been prioritised by this review which puts at risk the legitimacy,
integrity, and longevity of any changes to donation settings. The debate on the Electoral Finance Act 2007 (and its
eventual repeal in 2009) provides an example of the consequences of partisan changes to our democratic framework
without cross-party consensus and highlights the risk of not placing this consensus at the core of decision-making.
Simply stated, pushing through electoral law without consensus undermines, not enhances, public confidence in the
integrity of our elections and risks setting a precedent for future governments to implement new changes or reverse
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past changes without consensus support.
As you will see in our detailed feedback on the proposed changes, National has concerns with or opposes a majority
of the proposals, signifying from the start a lack of cross-party support for their progression.
National is engaging on this topic in good faith. We believe supporting a robust, stable and sufficiently transparent
democratic system is critical to building and maintaining public trust in our elections. This is a shared goal across
Parliamentary parties, yet the current direction of the review is not enabling this.
Reality of implementation.
We do not believe the Ministry fully understands the significant regulatory burden of the proposals - particularly the
lowering of the public disclosure threshold and increasing of donation reporting (particularly if moved to quarterly) -
on volunteer-run political parties.
The National Party maintains a small staff (including 1.5 FTE focused on financial matters, including donations) to
support and enable a wide range of volunteer officeholders that have significant responsibility for the day-to-day
management and operations of the Party. A similar structure is true for all major New Zealand political parties, with
smaller parties often having no paid staff and being entirely run by volunteers.
The proposals on public disclosure and regularity of reporting are not offset by significant reductions in other
regulatory compliance activities and, as such, will be a large net addition to the workload of volunteer (and more
importantly 'amateur') teams. This is an unfair expectation to place on volunteers and will act as a detractor for
voters to become involved in political parties due to the burden and legal risk placed upon them.
It is important to keep in mind that volunteer Treasurers, already responsible for complying with existing donation
settings, will face the brunt of the increased administrative and regulatory requirements. National sees roughly 50%
churn in volunteer Treasurers from year-to-year as individuals shift through the critical, but pressured, complex, and
time intensive role. This churn rate makes ongoing training and upskilling difficult to manage and we have concerns
that the reviews' proposals would make these roles increasingly untenable for volunteers to manage. Making
changes of this significance is particularly high risk in an already busy and complex election year environment.
To offset the impact of the proposed changes National would need to increase expenditure on paid staff and further
investment in financial systems to enable compliance in an already complex environment. This is unreasonable
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National
expectation to place on parties that rely on donations to operate and will reduce parties' abilities to run effective
campaigns that engage with the voting public as broadly as possible.
Realistically if the proposals were to be progressed, as suggested, the National Party would need to establish a
programme of work outside of business-as-usual, including full-time staff resources, to undertake a detailed review
of the impacts of the changes, make recommendations on solutions required, implement these into our organisation
- and then an ongoing resource commitment to manage increased compliance costs and complexity. This would
represent a significant cost and distraction for the Party that cannot be recouped.
The time to review and implement Electoral law changes is at the beginning of an electoral term, not the end.
Detailed feedback on the specific proposals is provided on the following pages
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National
Detailed feedback on individual proposals.
Lower public disclosure
National strongly opposes this proposed change.
threshold for donations to National believes the appropriate level for public disclosure of donations is the level at which the public could reasonably be concerned that a
$1,500 for parties (which
donation may influence a party or candidate, and therefore should be open to public scrutiny. We do not believe that donations to parties of up to
is currently set for $15,000 $15,000, when managed in compliance with existing robust frameworks, represent any such risk. Especially where a party can spend up to $3m in a
for parties and $1,500 for
campaign, the current party donation threshold represents just 0.5% of total disclosable expenditure.
candidates).
Any requirement for public disclosure below the level that a donation could potentially influence a party is an undue restriction on privacy and
This would also remove
democratic freedom, as the public interest argument for the disclosure (i.e., to prevent influence) is not present.
the need to report in
In the same vein, we believe it is logical for the candidate disclosure threshold to differ to the party threshold. A $1,500 donation represents 5.5% of
bands of up to $5,000 and a candidate's total expenditure cap ($27,500 in 2020) and agree becomes in the public interest for disclosure. A consequential differential between
$15,000.
candidate and party donations is an important feature, not a weakness, of the existing donation settings, as it encourages giving directly to political
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parties rather than individual candidates. This incentive is crucial as a political party is far less susceptible to potential influence or coercion given its
size and relative expenditure allocations. Placing parties, as opposed to candidates, at the centre of our donation framework is an outcome we
should strive to achieve, and existing settings help achieve this, whereas proposed changes would eat-away at this and make donations to
candidates relatively more attractive.
This proposal also makes it relatively more attractive for political donors to provide funds to registered third party organisations that participate in
election campaigns. These third-party organisations are comparatively less regulated and by decreasing the disclosure threshold for political parties
by 90% to $1,500 there will be an additional incentive to give funds to these groups to remain politically involved and protect privacy over giving to
established, regulated, and more transparent political parties. In exploring such changes, consideration must be given to these types of additional
issues, which cannot occur when reviewing donation settings in isolation.
We are concerned that the Ministry has under-estimated the aversion of donors to being publicly identified and, therefore, the consequences of the
proposals on parties' incomes and ability to fulfil their democratic functions. We estimate that only a small fraction of donors who currently give
between $1,500 and $15,000 would still be prepared to do so if their privacy were not protected. This is demonstrated by recent electoral returns,
with only 14 donors prepared to give amounts of more than $15,000 to the National Party in 2020, and 25 to the Labour Party.
The chilling effect on donations above $1,500 should the threshold be lowered will have a significant impact on parties' ability to support
candidates, meet regulatory requirements, and run effective election campaigns, with no alternative funding mechanism proposed or in-place to
make up for this loss of income.
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National
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We believe that the funding for political parties should come from those who support and would vote for them, and the shift to a $1,500 limit would
significantly impact the willingness of these individuals to give. Reducing the disclosure limit takes a step towards path dependency for state funding
of political parties, which we have serious concerns about, and requires a much broader public conversation.
National believes that the current disclosure thresholds are appropriate to prevent non-transparent influence. As such, there is no public interest
case for reducing thresholds. Yet privacy and democratic freedom mean that there is a significant public interest case for the status quo. The reality
is the existing disclosable threshold of $15,000 represents 0.6% of National's disclosed expenditure in the 2020 election.
National would argue that given inflation since 2010, there may well be a public interest argument for increasing thresholds as opposed to
decreasing them, to ensure we are protecting voters privacy and democratic freedom to support political parties as they see fit.
We agree with the Ministry's assessment that lowering the threshold to $1,500 could potentially and inadvertently encourage donors to split
donations to sit below the donation threshold and remain anonymous. This recognises that there is a general aversion from donors to be publicly
known and tied to a particular political party, reinforcing our view that this will significantly reduce overall donation income as many donors
previously giving between $1,500 - $15,000 would be unwilling to do so.
We additionally do not understand why the Ministry has proposed $1,500 as a new disclosure threshold. There does not appear to be any hard
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evidence to suggest $1,500 is a significantly better threshold than other options of say $5,000, $10,000 or the status quo of $15,000, and as
discussed above, there is no public benefit in this change. We ask the Ministry to consider the justification for this, provide evidence to support this,
and consider whether this lines-up with evidence of effective donation settings. Justification that the disclosure threshold for parties be the same as
for candidates is simply not a logical move.
These significant and wide-reaching impacts of decreasing the disclosure threshold provides additional reasoning to not review donation settings in
a vacuum. The impact of changing disclosure thresholds alone will have wide reaching impacts on political parties' ability to operate in areas that fall
outside the scope of this review and are therefore not considered or accounted for.
Increase frequency of
National strongly opposes a shift to 3-monthly reporting and finds 6-monthly a more palatable option.
donation reporting (e.g.,
The current annual donation return process takes roughly 3 months from end-to-end, including significant work with over 65 volunteer Treasurers
change from annual
and engagement with external auditors. The result is generally a 30,000+ line donation record, amalgamated from our central database, 65
reporting to 3-or-6
electorates and a number of special branches. The process is run and managed by volunteer Treasurers across the Party and supported by a one full
monthly).
time staff member overseeing the return, alongside a large amount of time from the Party's Chief Financial Officer and Party Secretary.
Replicating this process four times over the course of a year (or 12 times in an electoral cycle) would place a significant regulatory and
administrative burden on all parties. For National it would require the employment of at least one additional full-time staff member dedicated to
overseeing the ongoing process along with negatively impacting the availability of the CFO and Party Secretary to complete other critical
initiatives/BAU work programmes. This level of regularity would also significantly increase audit costs for parties.
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An annual donation return provides the same information as a 3-monthly or 6-monthly return process, and as such, we see insufficient benefit of
more regular reporting to justify the cost and regulatory burden placed on parties by this proposal. The status-quo should remain, or, if changes are
considered essential by other parties, at least not more regularly than 6-monthly.
Remove the requirement
National supports this proposal.
that for donations that
We strongly support the recommendation to remove the requirement that for donations exceeding $30,000 the identity of the donor must be
exceed $30,000 the
publicly disclosed within 10 days of receipt. The nature of piece-meal donations across a reporting cycle, particularly across different branches of
identity of donor and
political parties, makes complying with this existing regulation difficult for all parties.
amount must be publicly
disclosed within 10 days of We agree with the Ministry that removing this requirement will reduce administrative complexity and risk of inadvertent non-compliance. If this
receipt (via Electoral
requirement was removed, we would be open to considering an increased reporting threshold for large donations of $30,000+ in the lead-up to a
Commission).
general election to ensure that voters have knowledge of significant political giving as they make decisions on how to cast their vote. This provides
the level of transparency required to maintain confidence in our democratic framework.
Introduce requirements
National is not opposed to this proposal in principle.
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for parties and candidates
Existing donation settings are not entirely clear on how to handle in-kind donations, and parties/candidates rely on advice from the Electoral
to disclose more details
Commission on how to manage these. As such, they are currently reported on, but operate with less clarity than cash donations.
about in-kind (i.e., non
cash) donations.
Without a detailed proposal to consider we cannot provide further feedback, however, are not opposed in principle to this being clarified and
codified.
We further believe that there is opportunity to provide clarity on the handling of event based (e.g., raffles, movie nights, koha, etc) donations by
contribution to guide political parties and ensure a consistent approach. This has not been addressed by this review and reinforces our
recommendation that consideration of donation settings be included in the broader review of Electoral law.
Require parties and
National is neutral on this proposal in principle.
candidates to report on
As all donations are amalgamated in the donation return process the data to inform this reporting does exist. However, we do not understand the
number and total volume
problem trying to be solved or what the intended public good is of this proposal.
of donations under $1,500
for donations that are not
We would recommend further investigation through the proposed public consultation during the review of Electoral law.
made anonymously.
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National
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Require parties to publicly
National strongly opposes this proposal
disclose their audited
Each New Zealand political party operates under their own internal set of rules and constitutions. These rules usually spell out audit requirements,
annual financial
and as such, would impact each party differently, making the proposal difficult to implement effectively.
statements.
For National, this proposal would require consolidation of all electorate and branch financials (70+ groups) and have these audited. This would likely
double audit costs to roughly $100,000 per annum with significant extra work required from the small professional finance team (1.5 FTE) employed
by the Party. We do not see a net public good that offsets the increased administrative, regulatory and compliance costs.
Fundamentally, there is no need for parties to disclose their audited financial statements as they are already required to disclose their donations
and campaign expenditure. Other income for the National Party comes through membership fees and a small amount of interest income. There is
already a requirement in National Party rules for such information on annual financial performance to be reported to members. There is also no
expectation from donors that, when making their donations, they will see this information.
Introduce requirement for I
National is not opposed to this proposal in principle.
candidates to report on
loans.
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Ban on anonymous
National is not opposed to this proposal in principle.
donations (similar to a ban In principle we are not opposed to a ban of this nature given donations protected from disclosure via the Electoral Commission (whereas the donor
on overseas donation).
is not disclosed to the Party they have given to, and their name is not disclosed publicly) remains a viable option for those wishing to give
anonymously in a regulated manner.
That said, we are concerned that the mechanism to implement and the process to guarantee a ban would be complex and cumbersome. A ban of
this nature is likely to add significant regulatory burden and legal risk to political parties, and volunteers, with very little gain or public benefit.
We struggle to understand the Ministry's rationale behind the proposal to ban anonymous donations as we have not seen or been presented
evidence to show there are widespread problem cases or concerns arising from current settings. This reinforces the view that the change is likely to
see limited public benefit and which may not offset the increase in compliance activity that will be required.
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Document 2
Head Office: 42 Reyburn House Lane, Whangarei Ph 021 922098
Email: [email address] Website: www.socialcredit.nz
24th January 2022
Mr Rajesh Chhana
Deputy Secretary Policy
Ministry of justice
Wellington
Greetings Rajesh
Thank you for the opportunity to present our party’s feedback on the
potential options for changes to the donation rules under the Electoral Act.
Social Credit made extensive and in-depth submissions to the original
investigation in the early 1980s to the proposed changes from First-Past-The-
Post to Proportional Representation. A major driver of that change was, of
course, the 1981 election result which saw Social Credit gain 20.65% of the
nationwide vote. That very large block of voters ending up being represented
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in parliament by only two MPs because of the un-democratic nature of the
FPP system.
Our view has always been that the electoral process, and in particular the
funding of it, should be as transparent as possible and be heavily biased
towards a regime which delivers the upmost benefit to individual voters as
against political parties.
We have dealt with the items as numbered on the proposed changes sheet
followed by the other issues and lastly some additional thoughts.
1. We support the proposal to lower the public disclosure threshold to
$1,500 for donations to parties, to align it with that currently set for
candidates. We agree that the listed merits are of value and while the change
could reduce the amounts donated we do not see that as likely to be
significantly. We think people who are of a mind to donate sums of that sort
(or larger) will likely do so anyway.
The splitting of donations already takes place and those are required to be
aggregated and reported on under current law and that would still be a
requirement under the proposed change. We do see an issue where donors
may now consider that donations to a party and a number of candidates may
be a way of getting around the disclosure rules. Making it an offence to not
disclose donations of $1,500 or more in aggregate to a party and/or its
candidates may be a way of countering that possibility.
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2 & 3. We support the increase in donation reporting frequency from
annually to six monthly, however retaining the requirement to report
donations that exceed $30,000 within 10 days during the election period. The
six monthly donation reporting change would increase compliance activity and
we suggest that a full audit of donations remain on an annual basis as is
currently the case.
We agree that proportionate mechanisms for non-compliance need to be part
of any change and those could include a short period of grace in the event of a
return not being filed on time, to a financial penalty for failure to comply, up
to deregistration following significant and ongoing breaches.
4.
We support a move to introduce reporting of in-kind donations to both
parties and candidates. This could perhaps be set at the $1,500 level proposed
in number 1.
For example, if an individual or company donated an item for an auction that
sold for $1,500 or greater the name of both the donor and the successful
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purchaser might need to be disclosed. This could also apply to fundraising
dinners or meet the cabinet minister type of events where the ticket price was
$1,500 or greater or where companies purchased a number of tickets that
came to $1,500 or greater. In that case the name of the individual purchaser
or the company would need to be disclosed.
We suggest also including the situation where somebody with particular
expertise is seconded to work for a political party or candidate but is paid by a
company, group, or individual to undertake that role. Where the payment was
in total $1,500 or greater or an accumulated amount under different task
headings over the reporting period came to $1,500 or more the name of the
payer would need to be disclosed.
5. We support the suggestion to require parties and candidates to report on
the number and total volume of donations as outlined. This would not be a
significant burden on reporting requirements.
6. We support the proposal to require parties to publicly disclose their
annual financial statement, however this could perhaps be done under review
requirements rather than full audit.
This has been a requirement of Social Credit as an incorporated society since
1953. The transparency of financial information being available for public
perusal, particularly by voters so inclined, we see as an important component
of the democratic system.
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7. We support the proposal to require candidates to report on loans. While
we accept that this would increase compliance activity, which for smaller
parties is often a significant burden, and would likely fall on party secretaries,
none-the-less loans to candidates are effectively donations albeit ones that
are repayable overtime, but these loans could also be written off by the donor
and thus becoming donations by another name.
Other issues.
1. The suggestion of considering a tiered system for annual reports to the
Electoral Commission we find has some merit. There is a difficulty in finding
independent auditors who are prepared to take on the potential risks involved
in auditing the accounts of a political party. This means that especially for the
smaller parties there is a significant financial burden involved in having to
engage one of the major accounting firms prepared to undertake this task. A
tiered approach would address those difficulties.
2. Returning to our point at the beginning of this submission that the
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electoral process should be biased towards voters, we believe that any group
who stands candidates for parliament should be required to comply with the
donations rules that apply to registered parties. While overseas influence in
our electoral process does not, up to this time, appear to have been a
concern, we view it to be an increasing one. Unregistered parties might
provide a channel for that influence therefore ensuring compliance with the
rules that apply to registered parties is a useful way of assisting transparency.
3. We applaud the consideration of applying accountability to unspent
donations received by candidates, although our experience is that, particularly
for smaller parties, candidates are most likely to spend all of any money
donated. Notwithstanding that however, accountability should be in place and
our suggestion is that any unspent funds need to be shown on candidate
returns and those unspent funds transferred to the candidates’ party
headquarters account.
Candidates who are selected for the next subsequent election could apply to
the party for the return of those funds in the build up to their next campaign.
Those transfers of funds should be shown on both party returns and candidate
returns. Any funds transmitted to a party account where the candidate does
not subsequently stand again could be retained by the party.
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4. We believe that in regards to section 208 of the Electoral Act, if a person
or entity has given a non-anonymous donation of $1,500 or more they should
not qualify to then give an anonymous donation of whatever sum.
5. We believe consideration should be given to a situation where an
individual makes a donation under the proposed $1,500 threshold and also
has effective control of companies which also give donations. In that situation
all those donations should be aggregated and disclosed under whatever
aggregation requirements those donations total.
6. We strongly support any move to ban anonymous donations, except as
under section 208a of the Electoral Act. A democracy can hardly be
considered transparent when anonymous donations are allowed.
If donors are sufficiently motivated to make large donations to political parties
then they should be prepared to allow that motivation to be made public. In
many cases donors donate to more than one political party so a donation does
RELEASED
not automatically indicate who they will vote for on Election Day.
7. We made the point in 2. (above) that while overseas influence in our
electoral process, up to this time, appears to be minimal, we view with
increasing concern.
We therefore believe there is a need for a statutory declaration process for
donations, either one-off or in aggregate, of $30,000 or more by any
individual, company, entity, or group. They should be required to declare that
they have not been compensated in any form, financially or otherwise, for
those donations by any individual, entity, company, or group domiciled either
inside or outside New Zealand.
We thank you for the opportunity to present our views on these issues for
your consideration and would be happy to discuss any aspects of them with
you as you see fit We are happy for our views, in this submission or
.
subsequent consultation, to be made public
Yours faithfully
Anne Leitch
Party Secretary
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Document 3
Response ID ANON-VKQE-1UB6-N
Submitted to Proposed changes to political donation rules in our electoral law
Submitted on 2022-01-14 14:28:42
Have your say
Tell us about yourself
What is your full name?
Name:
Grant Meyer
What is your email address?
Email address:
[email address]
Are you providing feedback as an individual or on behalf of an organisation?
Organisation
What is the name of your organisation?
Organisation:
New Conservative
Disclosure rules and thresholds
RELEASED
Do you think the proposed changes to disclosure rules and thresholds would improve transparency and openness? Why? (Please specify
which proposal/s you are commenting on).
Q1:
No.
1; It would increase transparency but at the loss of privacy. So don't think this is warranted. The election process is currently not compromised. $15,000 is
not large anyway, when considering possible undue influence being exerted. Threshold should not be lowered.
2. No other group or charity report more frequently than once a year. All the donations are reported on a yearly basis, so no real improvement in
transparency, just in timing, but large increase in costs for parties especially if audits of each report is required. Finding auditors are hard enough at
present let alone trying to employ them on a more frequent basis. Increasing frequency is not necessary.
3. Yes, this requirement should be removed. The identity is disclosed during the annual reporting anyway.
4. No change required. if the value is large, it is disclosed in the current process. It would make further work for already over-worked volunteers, with no
gain for the party.
Reporting
Do you think the proposed changes to reporting would help support compliance? Why? (Please specify which proposal/s you are commenting
on).
Q2:
No.
5. Details are already kept. The value is low and ability to influence party decisions is zero. This sounds like more paperwork for the sake of it. No further
reporting is warranted. Also Party volunteer staff are already too busy.
6. Not required as donations and loans are already reported. If full financial accounts were required, the auditing requirement should be similar to
charities in that if turnover is low, audits/reviews will not be required. For small parties in particular, this just adds more unnecessary paperwork and
consumes more value time of volunteers.
7. Candidate loan disclosure requirements could be similar to those for party loans.
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Anonymous donations
What factors do you think are most important when considering changes to anonymous donations?
Q3:
The current threshold for disclosure is satisfactory.
The entire voting system is based on privacy of individuals. Ie who we vote for is confidential. Therefore, donations from private citizens should in theory
be confidential as well.
The current threshold for disclosure is satisfactory for avoiding any undue influence and providing a balance between privacy and transparency.
Anything else?
Is there any other feedback you would like to provide on these proposed changes?
Q4:
All these potential changes impact the work load and costs to small political parties in particular. But I see no gains at all from them regarding public trust
in the electoral system.
The methods of selecting electoral boundaries and vote counting systems are much more likely to impact on public trust.
The 5% threshold for getting into parliament is a serious issue that needs to be addressed to improve public trust.
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Document 4
Internal File Note
Author
Avi Singh, Policy Advisor
File reference TBC
Date
1:00pm to 2:00pm, Tuesday 18 January 2022
Location
Teams
Subject
Proposed changes to political donations rules
(meeting with Chartered Accountants Australia and New Zealand – CAANZ)
MoJ / BDO
CAANZ
Participants MoJ
Zowie Pateman, Deputy Leader –
Craig McKendry, Policy Lead (CM)
Reporting and Assurance (ZP)
Avi Singh, Policy Advisor (AS)
Amir Ghandar, Leader – Reporting
and Assurance (AG)
BDO
s9(2)(a)
RELEASED
1.
AS, CM, s9(2)(a) and s9(2)(a)met with ZP and AG from CAANZ. This internal file note briefly
summarises the discussion.
2.
The discussion forms part of the Ministry of Justice’s targeted consultation with subject
matter experts with specific expertise/interest to discuss the proposed changes to political
donations rules, ahead of any potential legislative change in this area.
A. Comments on proposal #2 (increasing the frequency of reporting of donations by
parties) and proposal #3 (removing the requirement that the identity of donors
making donations over $30,000 must be reported to the Electoral Commission
within 10 days [alongside proposal 2])
3.
ZP: Not sure about increasing the reporting frequency of donations
B. Comments on proposal #4 (requiring more detailed disclosures of in-kind (non-
cash) donations)
4.
ZP: Transparency of in-kind donations would be improved by requiring demarcation of
reporting on return form
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C. Comments on proposal #6 (requiring parties to release their audited annual
financial statements, and simplifying the audit requirements to make audit reviews
more meaningful)
5.
ZP: Likely to be micro-entity exemption for incorporated societies to prepare general
purpose financial statements (could cover 40% of incorporated societies)
a. ZP: Micro-entity likely to be under $30,000 revenue
6.
s9(2)(a) : Should political parties have to follow Public Benefit Entity (PBE) accounting reporting
standards and General y Accepted Accounting Practice (GAAP) going forward?
7.
ZP: For reporting purposes, do parties prepare general purpose or special purpose
statements?
a. s9(2)(a): There is a mix; some parties specifically refer to the type of statements they will
produce, but others do not
8.
ZP: For charities, need to go through a process of consolidation to determine whether they
fall into the Tier 4 (low-level payments around $140,000) reporting category
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9.
AG: In Australia, parties follow a returns system with the Australian Electoral Commission
(AEC)
a. AG: This is common across OECD countries
10.
AG: Hard to get around the completeness of audit of donations returns issue through the
reporting framework
11.
ZP: Special purpose statements designed for specific users
12.
s9(2)(a) : Need a common framework for financial statements for comparability; otherwise not
necessarily achieving transparency objective
13.
s9(2)(a) : Would negative assurance report help?
a. s9(2)(a): Standard on Assurance Engagements (SAE) 3100 is the current standard for
assurance reports
b. ZP: Electoral Commission does not specify if the assurance should be reasonable or
limited
14.
AG: Need to try and improve party procedures in terms of accounting controls etc. to have
some better review reports
a. AG: But should not overpromise and then undermine trust and confidence when
promises do not eventuate
15.
ZP: Hard to see quick wins within this timeframe
a. ZP: Independent Review the main form to consider broader changes
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Document 5
BDO notes from meeting with Anthony Heffernan – External Reporting Board (XRB)
3.15pm – 4.15pm, Wednesday 26 January 2022 via Microsoft Teams
Attendees:
BDO
s9(2)(a)
MOJ
Craig McKendry, Policy Lead
XRB
Anthony Heffernan, Director Accounting Standards
Key takeaways we got from that meeting used to support our report were:
• Agreed with general purpose financial statements rather than special purpose
• In favour of financial statements being public and audited
• Expected there would need to be a 3-4 year transition period and suggested to look at the
RELEASED
incorporated societies changes as an example
• Noted that if there was a requirement for political parties to comply with XRB standards that
would then give the XRB scope to look at the standards to see if any changes are needed for
donation disclosures. We have noted this in our report
• They agreed with the changes we were suggesting to the audit reports and made some
suggestions which helped form what we have outlined in our report around the review and
agreed upon procedures (AUP) options
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Internal File Note
Author
Keeshonn Watene, Policy Advisor
File reference TBC
Date
4:00pm to 5:00pm, Wednesday 2 February 2022
Location
Zoom
Subject
Proposed changes to political donations rules
(meeting with the ACT Party)
MoJ
ACT New Zealand Party
Participants Hayley Denoual, Acting Policy Manager (HD) Danae Smith, Party Secretary (DS)
Craig McKendry, Policy Lead (CM)
Styan Barron, Legal Advisor (SB)
Keeshonn Watene, Policy Advisor (KW)
Tim Jago, President (TJ)
RELEASED
1.
KW, CM and HD met with DS, SB and TJ from the ACT New Zealand Party (ACT). This internal
file note briefly summarises the discussion.
2.
The discussion forms part of the Ministry of Justice’s targeted consultation with the party
secretaries of registered political parties to discuss the proposed changes to political
donations rules, ahead of any potential legislative change in this area.
A. Introductory/general comments
3. CM introduced MOJ and discussed the scope and structure of the meeting – looking at
political donations from a party perspective, and timeframe to make changes to the
electoral system.
4. Looking at the existing mechanism and making incremental changes rather than large
constitutional changes. Donations returns as they stand now and the impact of potential
changes.
5. ACT Party reps then started generally started talking about issues that relate across the
proposals.
6. TJ and DS: Compliance with the current settings is huge. A lot of time is required to go over
party information but also have it double checked. Huge cost involved.
7. Getting accounts audited takes a lot of time and manpower a lot of back and forth between
auditor and members to double check things.
8. TJ and DS: Auditing accounts cost between 15k-20k per occasion. The Party has fixed cost
between 45k-60 per annum with a full-time employee under current settings. If frequency of
reporting was increased this may need to add another employee adding more cost.
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9. TJ and DS: Noted that a lot of the cost are fixed cost and that this doesn’t change depending
on how much donations come in. some election cycles they may get a lot of donations
others it might be significantly less.
B. Comments on proposal #1 (lowering the threshold for political parties to disclose
the identity of donors from $15,000 to $1,500)
10.
DS, TJ and SB: raised the following points on this proposal:
a. They disagree with lowering the threshold, this would require too much work to
comply with new thresholds. They suggested that the current bands work well.
b. They also questioned why the 1,500 thresholds. Their view was that the threshold
does not need to be consistent with Candidate thresholds as you are dealing with
very different scales in terms of the number of and value of donations received.
c. They were concerned about the potential impact of the lower disclosure threshold
for party donations on people’s desire to donate (anonymously or otherwise) given
the general aversion to public disclosure of political affiliation in New Zealand, what
impact this could have government contracts for businesses that donate.
RELEASED
d. There is no guarantee that people won’t be affected through the increased risk of
public disclosure.
e. The lower threshold would be huge work for a party while also looking over
candidates’ ones.
C. Comments on proposal #2 (increasing the frequency of reporting of donations by
parties)
11.
DS: don’t agree with this option. Planning for the year is set up around reporting. Auditing
takes approximately three months, involves a lot of back and forth. Increased cost as they
wouldn’t want volunteers involved with this process and having to do it more frequently.
12.
Ensuring multiple amounts received from the same donor are aggregated correctly will be
very difficult with 3-monthly reporting
D. Comments on proposal #3 (removing the requirement that the identity of donors
making donations over $30,000 must be reported to the Electoral Commission
within 10 days [alongside proposal 2])
13.
DS: No problems with this proposal.
E. Comments on proposal #4 (requiring more detailed disclosures of in-kind (non-
cash) donations)
14.
DS: Okay with proposal if it’s not too complex. Don’t do much in this space e.g. around
dinners to meet members.
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F. Comments on proposal #6 (requiring parties to release their audited annual
financial statements, and simplifying the audit requirements to make audit reviews
more meaningful)
15.
DS, TJ and SB: Do not support this proposal. Do not see the benefit for the public with this
being released to them. Small parties may have higher cost associated with leasing building
over owning them. The income streams are narrow.
G. Comments on proposal #7 (introducing a requirement for candidates to disclose
loans)
16.
DS: No problem with this proposal they don’t have them and don’t accept them.
H. Other issues
17.
DS, TJ and SB: Unspent donations are not an issue as donations are made to the party and
are held by the party. Candidates ask donors to donate to the party. Accounting is done
centrally with no electorate accounting. Recognise this may be a bigger issue for the larger
parties.
RELEASED
18.
Raised questions around parties receiving contributions by third parties and people who
contribute to those third parties not knowing that this is being passed on to political parties.
How are joint contributions ring fenced?
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Document 7
Internal File Note
Author
Avi Singh, Policy Advisor
File reference TBC
Date
3:00pm to 4:00pm, Monday 20 December 2021
Location
Ministry of Justice
Subject
Proposed changes to political donations rules
(meeting with Green Party of Aotearoa New Zealand - Greens)
MoJ
Greens
Participants Rajesh Chhana, Deputy Secretary Policy (RC) Miriam Ross, Party Secretary (MR)
Craig McKendry, Policy Lead (CM)
Avi Singh, Policy Advisor (AS)
RELEASED
1.
AS, CM and RC met with MR, Party Secretary for the Green Party of Aotearoa New Zealand
(Greens). This internal file note briefly summarises the discussion.
2.
The discussion forms part of the Ministry of Justice’s targeted consultation with the party
secretaries of registered political parties to discuss the proposed changes to political
donations rules, ahead of any potential legislative change in this area.
A. Introductory/general comments
3.
RC: The purpose of consulting with parties before the Select Committee process is to obtain
operational views at an earlier stage of the policy process
4.
MR: Greens generally supportive of increased transparency being the policy objective in
relation to the political donations regime
5.
MR: But there is a need to be aware of the burden on small parties, particularly those
outside Parliament; the Greens are a medium-sized party so can see both sides of this
argument
B. Comments on proposal #1 (lowering the threshold for political parties to disclose
the identity of donors from $15,000 to $1,500)
6.
MR: Concerns about privacy in terms of what donor details could be disclosed (e.g.
residential address)
7.
MR: Greens use s9(2)(b)(ii)
used by many non-profit organisations to
track fundraising activity; is an old, clunky system which may make it hard to extract
information for increased disclosure and reporting requirements and thereby create a big
compliance burden
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8.
MR: s9(2)(b)(ii)
(accounting software used by Greens) do not integrate with each
other, so sufficient advance notice needed to adapt systems to any new (particularly
increased) reporting requirements
9.
MR: Concerned about the form in which reporting would be required e.g. can an exported
file or copy-pasted information be provided, or does it need to be manual y entered with
details presented differently from what the software systems generate?
10.
MR: Greens receive lots of donations by automatic payment, so reporting several small
donations in aggregate will be easier than every individual transaction
11.
MR: Do not want to see inadvertent errors punished e.g. donor changed their address
without informing the party, which leaves the party in breach
C. Comments on proposal #2 (increasing the frequency of reporting of donations by
parties)
12.
MR: Greens want clarity on whether three-monthly reporting would mean reporting for the
previous rolling 12-month period every time, or from the beginning of the calendar year, or
only for the specific three-month period concerned? RELEASED
13.
MR: Greens process approximately 100 small donation transactions per month
14.
MR: Increased reporting frequency also creates a cost concern if this leads to increased
auditing requirements
[see paragraphs 15 and 22 for other comments related to this proposal]
D. Comments on proposal #3 (removing the requirement that the identity of donors
making donations over $30,000 must be reported to the Electoral Commission
within 10 days [alongside proposal 2])
15.
MR: Greens in favour of keeping the 10-day rule alongside the annual donations reporting
period
16.
MR: The 10-day rule is needed during the regulated pre-election period
17.
MR: Greens would support lowering the disclosure threshold under the 10-day rule to
$10,000
E. Comments on proposal #4 (requiring more detailed disclosures of in-kind (non-
cash) donations)
18.
MR: Support this proposal in principle but hard to fully quantify, requiring estimates which
are necessarily malleable
19.
MR: Greens National Office helps organise donation returns for all candidates as well as all
party branches to help facilitate regulatory compliance
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F. Comments on proposal #5 (requiring disclosure of the volume and total dollar
amount of donations under $1,500)
20.
MR: In principle, Greens do not accept anonymous donations and are happy to provide this
information to the Electoral Commission
G. Comments on proposal #6 (requiring parties to release their audited annual
financial statements, and simplifying the audit requirements to make audit reviews
more meaningful)
21.
MR: Greens support this proposal in principle, but would prefer for a partial financial review
to be the audit standard rather than a full audit as this would be very expensive
22.
MR: Could audit for donations return and audit for financial statements happen
simultaneously? As this has practical implications for dates for reporting to party AGM and
publishing financial statements
[see paragraph 14 for other comments related to this proposal]
H. Comments on proposal #7 (introducing a requirement for candidates to disclose
RELEASED
loans)
23.
MR: Greens support this proposal
I. General comments
24.
MR: Registered political parties should be able to retain unspent donations since the party
has the power under its constitution to collect donations generally for operational purposes,
and also because it can be hard to sometimes distinguish between a donation specifically for
an election campaign and a donation generally to the party as these may be intermingled
25.
MR: Support prohibition of anonymous donations
26.
RC: How many staff do you have?
a. MR: 13 non-parliamentary staff (including 2 part-time staff) at the National Office,
supported by other party staff where possible
b. MR: Post-election reporting requirements can break staff and volunteers,
particularly since they have also had to manage candidate nominations processes
before and during the election campaign in addition to running the election
27.
MR: Excessive focus on the pre-election period (despite a big increase in donations during
election years) as the Greens see themselves as a three-year rolling entity, and it is good to
consider the wider three-year period to make sure there is no deliberate avoidance of
donation rules by parties
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Document 8
Miriam Ross
Party Secretary and General Manager
Level 1, 17 Garrett St, Wellington
20 Dec 2021
Ministry of Justice proposals
Green Party response
1 Lower public disclosure
We support the intention behind this, but there are a few
threshold for donations to
administrative issues which will need to be carefully worked
$1,500 for parties (which is
through. We would need sufficient lead-in time (minimum of 2
currently set at $15,000 for
months) so we can change our reporting systems. We do have
parties and $1,500 for
concerns about privacy (will the full name and address of every
candidates). This would also
donor be published on the EC site?) and administration (wil we
remove the need to report in
need to provide more than a name and address?; wil we need to
bands of up to $5,000 and
itemize each donation or can they be col ated?; do we need to cut
$15,000
and paste data into the EC documents/portal or can we provide a
cvs file exported from our database?; will there be a provision for
minor incorrect data such as an out-of-date postal address?)
RELEASED
2 Increase frequency of donation We have concerns about this because we believe it wil create
reporting (e.g. change from
unnecessary administrative burdens and costs. If each donation
annual reporting to 3- or 6-
return needs to be audited (as is the case right now) this will be
monthly)
prohibitive for small parties to operate. Will it be an accumulative
total that we report each time and wil that be accumulating since
the beginning of the calendar year or in the previous 12 months?
Our preference, as noted below, is to retain the rolling disclosure
scheme.
3 [Along with proposal 2]
We think it is important to retain the 10 day disclosure as it
Remove the requirement that
prevents donors from donating large amounts a few months out
for donations that exceed
from an election (which would stil be possible under proposal 2)
$30,000 the identity of donor
and not having the disclosure made until after the election. Our
and amount must be publicly
preference would be to reduce the threshold to $10,000, retain
disclosed within 10 days of
the 10 day disclosure, and keep the frequency of further donation
receipt (via Electoral
reporting to once annually. Most important to us is that quick
Commission)
disclosure requirements around elections are retained.
4 Introduce requirements for
We fully support greater transparency in this area but general
parties and candidates to
disclosure of in-kind donations (assuming this would also include
disclose more details about in-
volunteer labour) would be administratively impossible. Our
kind (i.e. non-cash) donations
preference would be for disclosure around very specific in-kind
donations, e.g. auctions, dinners and raffle prizes.
5 Require parties and candidates
We already provide this information to the EC and are happy to
to report on number and total
continue to do so.
volume of donations under
$1,500 for donations that are
not made anonymously
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6 Require parties to publicly
We already do this on the Companies website and are happy to
disclose their audited annual
provide this information for other sites. Currently we provide a
financial statements
financial review rather than a full audit and our preference would
be for this to continue as a full audit would be prohibitively
expensive. We also provide this information after the end of the
financial year and would want a sufficient timeline from the end
of the financial year to the reporting date to be in place so that
there is sufficient time for the review/audit.
7 Introduce requirement for
We do not currently have candidates loan money to themselves
candidates to report on loans
and would support reporting on this.
The effectiveness, efficiency and We agree with the current audit approach and feel a tiered
appropriateness of the current
system would include an unmanageable administrative cost.
audit approach, including
whether or not the system
should be ‘tiered’ for audit
purposes (taking into account
differing risk profiles and
mitigations);
Issues arising from the absence We would support regulations relating to unspent donations
RELEASED
of accountability rules relating
received by candidates or unregistered parties but not for
to ‘unspent’ donations received registered parties. Our incorporated society rules allow us to
by candidates, or unregistered
collect donations (including during the election period) for a wide
parties.
range of activities relating to the Party.
Green Party Other
Going forward beyond the current considerations, we support:
Considerations
● exploring whether only al owing named-persons to
donate would increase transparency i.e. the removal of
the ability to donate via trusts;
● a cap on the overall amount someone can donate or loan
to a party in a given year;
● the Electoral Commission’s recent recommendations for
an over-arching “anti-collusion” provision, adding a
“failure to transmit” offence, and strengthening the
Commission’s investigatory, enforcement and sanction
powers;
● prohibiting anonymous donations;
● greater public financing for political parties to meet the
administrative costs of greater donation transparency
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Document 9
Internal File Note
Author
Avi Singh, Policy Advisor
File reference TBC
Date
10:00am to 11:00am, Tuesday 18 January 2022
Location
Ministry of Justice
Subject
Proposed changes to political donations rules
(meeting with New Zealand Labour Party - Labour)
MoJ
Labour
Participants Rajesh Chhana, Deputy Secretary Policy (RC) Rob Salmond, Party Secretary (RS)
Hayley Denoual, Acting Policy Manager (HD)
Craig McKendry, Policy Lead (CM)
Avi Singh, Policy Advisor (AS)
RELEASED
1.
AS, CM, HD and RC met with RS, Party Secretary for the New Zealand Labour Party (Labour).
This internal file note briefly summarises the discussion.
2.
The discussion forms part of the Ministry of Justice’s targeted consultation with the party
secretaries of registered political parties to discuss the proposed changes to political
donations rules, ahead of any potential legislative change in this area.
A. Introductory/general comments
3.
RC: The purpose of consulting with parties before the Select Committee process is to obtain
operational views at an earlier stage of the policy process
4.
RS: Labour’s operational arm supports the proposed changes to political donations rules,
noting it already prepares audited financial statements and collects the information relating
to the volume and total dollar amount of donations under $1,500 that would be disclosed
under proposal #5
5.
RS: Proposals #1 and #4 are of the most interest
B. Comments on proposal #1 (lowering the threshold for political parties to disclose
the identity of donors from $15,000 to $1,500)
6.
RS: Support aligning political party and candidate donation thresholds to avoid funnel ing of
candidate donations through parties
a. RS: But consideration could be given as to whether the aligned thresholds could be
higher - $3,000? $4,000? $5,000?
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7.
RS: Some people want to donate only up to the point where they retain their privacy
a. RS: Some people have asked us what the threshold is, so there is a chance some
people will reduce their donations in proportion to a lower threshold
8.
RS: Lower donations make it harder for parties to run election campaigns
9.
RS: The Electoral Commission’s protected disclosure regime is very difficult for Labour to
manage practically, because parties don’t know where the money comes from and donors
don’t usual y know about the protected disclosure regime
a. RS: Conversations with donors about the protected disclosure regime would be
awkward, because they could be viewed as an attempt to circumvent the intended
anonymity of the regime and a potential attempt to make a prohibited disclosure1
10.
RS: Could top up the broadcasting allocation2 with money lost because of lower donations
thresholds?
11.
RS: Some donors don’t like being publicly associated with a party and their politics
a. RS: Some donors note fear of their identity being disclosed is a key factor in reducing
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their donation
12.
RS: Need to ensure parties can still legitimately raise donations to run election campaigns
13.
RS: Labour uses s9(2)(b)(ii)
to track donations, alongside s9(2)(b)(ii)as accounting
software
14.
RS: Labour Head Office asks branches to report donations to them in advance of any
reporting to the Electoral Commission
a. RS: Head Office can view accounts for almost all branches, but reliant on branches
for information about donations from raffle tickets and bake sales etc.
15.
RS: To set the aligned thresholds for donations to political parties and candidates, test the
National Party’s approach by viewing their flyers which communicate the best way to help
candidates is to donate to the National Party
16.
RS: If money goes straight to a candidate, Labour treat this as a candidate donation and treat
money going straight to the party as a party donation
a. RS: But a Local Electorate Committee’s donation to a candidate through bake sale
income etc. could be viewed as similar to someone who gives a party $5,000 to give
to a candidate
17.
RS: Labour asks candidates to send candidate donation returns to the party before
submitting them to the Electoral Commission to help align the returns
1 Section 208F of the Electoral Act 1993 sets out the offence of prohibited disclosure relating to the Electoral
Commission’s protected disclosure regime.
2 See Part 6, Broadcasting Act 1989.
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18.
RS: Party secretaries could take on responsibility under the Electoral Act 1993 for preparing
and filing candidate donation returns only if the candidate is also still responsible for these
tasks
C. Comments on proposal #2 (increasing the frequency of reporting of donations by
parties)
19.
RS: Three-month reporting hard for volunteers at branches
a. RS: Volunteers will try to comply, but compliance levels and quality of information
provided may be lower than they are now
20.
RS: Labour receives most donations directly, but Head Office still needs branch co-operation
D. Comments on proposal #3 (removing the requirement that the identity of donors
making donations over $30,000 must be reported to the Electoral Commission
within 10 days [alongside proposal 2])
21.
RS: The 10-day rule can continue to be managed by Labour Head Office staff in addition to
greater reporting requirements, because Labour do not receive many donations over
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$30,000 in a 12-month period
E. Comments on proposal #4 (requiring more detailed disclosures of in-kind (non-
cash) donations)
22.
RS: Artists usually gift artwork that Labour auctions for sale to raise funds
23.
RS: Person who loses value is the donor
24.
RS: Labour believes the artist is the donor if the artist gifts a painting worth $10,000 to the
party which the party sells for $10,000
25.
RS: Labour hires two independent valuers who give a range for the market value of each
piece of artwork donated to the party
a. RS: Labour uses the independent valuers’ ranges as the basis to estimate the
reasonable market value of each piece of artwork
26.
RC: Since the people attending a political party’s art auction know where the money is going,
should the buyer of an artwork be recorded even if there is no gain for them?
a. RS: Preferably the buyer is not recorded unless they paid an amount above
reasonable market value
27.
HD: Money aside, in-kind donations are about two parties to a transaction that could
potentially influence political parties
a. RS: Agreed, but it is hard to understand what the market value connection is with
each party in some of those transactions
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28.
RS: Labour’s other ways of raising money have included organising a business conference
where the ticket price was $1,800, and a dinner where the ticket price was $600 but the
food cost s9(2)(b)(ii)
a. RS: Labour treated funds received from these events as market income, not
donations, because GST was paid and profit-making is required
29.
RS: Labour considers sale of merchandise to be market income
30.
RS: Raffles are not recorded that well because of their nature
31.
RS: Transparency makes sense, but don’t want to inappropriately make someone a donor
when they have not donated anything of value
32.
RS: Minimum Labour Party membership fee is $5 for non-wage earners and $20 for wage
earners
a. RS: This creates a potential issue for GST and tax purposes if a a person decides to
donate $100: what recording is required? (e.g. $20 membership fee, $80 GST
taxable income?)
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b. RS: This is possible to manage in the accounting system, but is complex and Labour
usually over-reports its tax obligation to be safe
F. Comments on proposal #7 (introducing a requirement for candidates to disclose
loans)
33.
RS: Labour’s position is that candidate campaign funds are for the campaign, not the
candidate personal y, so should pass to the next candidate campaign if unspent
G. General comments
34.
RS: Public interest in knowing who funds politics outweighs misaligned spending caps
because the amounts involved are still proportionally significant in the context of New
Zealand political spending
35.
RS: Small parties less in danger of spending cap breaches, but for the Labour party secretary,
it is hard to get visibility over all branch and candidate activity
36.
RS: Labour have a full-time finance person
37.
RS: Small parties will struggle with compliance and audit cost of the proposals
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Document 10
Internal File Note
Author
Avi Singh, Policy Advisor
File reference TBC
Date
9:00am to 10:00am, Thursday 23 December 2021
Location
Ministry of Justice
Subject
Proposed changes to political donations rules
(meeting with New Zealand National Party - National)
MoJ
National
Participants Rajesh Chhana, Deputy Secretary Policy (RC) Greg Hamilton, Party Secretary
Hayley Denoual, Acting Policy Manager (HD) (GH)
Craig McKendry, Policy Lead (CM)
s9(2)(a)
, Strategy and Capability
Manager (SS)
Avi Singh, Policy Advisor (AS)
RELEASED
1.
AS, CM, HD and RC met with GH, Party Secretary for the New Zealand National Party
(National), and SS. This internal file note briefly summarises the discussion.
2.
The discussion forms part of the Ministry of Justice’s targeted consultation with the party
secretaries of registered political parties to discuss the proposed changes to political
donations rules, ahead of any potential legislative change in this area.
A. Introductory/general comments
3.
RC: Thank you for meeting with the Ministry for the second time to discuss this topic
4.
GH: These proposed changes are not a smal piece of work and should be considered as part
of the wider electoral law review, not consulted on separately over the Christmas period
5.
GH: Not sure the proposals wil address the issues caused by the ‘high-profile incidents’
referred to in the Ministerial briefing – and in any case, National has only had two such
incidents in the 11 years GH has been party secretary
B. Comments on proposal #1 (lowering the threshold for political parties to disclose
the identity of donors from $15,000 to $1,500)
6.
GH: Concerned about the potential impact of the lower disclosure threshold for party
donations on people’s desire to donate (anonymously or otherwise) given the general
aversion to public disclosure of political affiliation in New Zealand
a. GH: Threshold needs to consider public interest in transparency against the private
interest in freedom of association and freedom of speech/expression
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b. GH: $1,500 represents less than 1% of the election spending cap, so cannot possibly
unduly influence the party receiving it
c. GH: The increased likelihood of inadvertent non-compliance due to the increased
regulatory burden will only further negatively affect, rather than improve, public
confidence in the donations regime
d. GH: Quite easy for ordinary party members to end up donating over $1,500 through
attending various events
e. GH: Absence of state funding or other mechanism to compensate for lost donations
due to lower disclosure thresholds will create financial and operational issues for
political parties
7.
GH: Disagree with aligning candidate and party donation disclosure thresholds given the
different election spending caps for candidates and parties, because the current $1,500
threshold for candidates constitutes approximately 5-6% of the election spending cap for
candidates, while lowering the threshold to $1,500 for parties would constitute no more
than approximately 0.01-0.6% of the party election spending cap
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a. GH: Lack of clarity about the period within which you can donate to candidates
could affect extent to which there are unspent donations
8.
SS: The high proportion of volunteers across the party branches will make it very difficult to
corral all the information proposal #1 would require disclosure of
C. Comments on proposal #2 (increasing the frequency of reporting of donations by
parties)
9.
GH: Changing fundamental components of the donations regime in an election year such as
reporting frequency would be dangerous, and lead to major difficulties with operational
compliance in the same manner as those caused by late changes to electorate boundaries
10.
SS: Hard to explain regulatory changes to volunteers – approximately 50% of time at
National Office spent on ensuring compliance
11.
GH: Currently, National’s focus on compliance begins when donations of over $5,000 are
received, but lowering the disclosure threshold would change the level National’s focus
begins at to the $500 mark, increasing compliance efforts significantly
12.
GH: Worried about 3-monthly reporting as currently it takes the equivalent of one full-time
staff member 3 months to compile the annual donations return and a further month
working with the auditor
a. GH: Ensuring multiple amounts received from the same donor are aggregated
correctly will be very difficult with 3-monthly reporting
13.
GH: Six-monthly reporting more possible
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14.
GH: Noted in confidence that National spends approximately $50,000 each year on auditing
the annual donations return with the total amount being approximately $2 million, so more
frequent reporting would be hard if this meant equally frequent auditing
15.
GH: Need to be able to audit annual donations return and financial statements
simultaneously as is currently the case for National
16.
GH: A financial review could work better than the current audit approach, which leads to
qualified audit opinions of limited value
17.
SS: National informs donors who are near the current $15,000 disclosure threshold so they
are aware their name may become public if they donate over the threshold
[see paragraph 25 for other comments related to this proposal]
D. Comments on proposal #3 (removing the requirement that the identity of donors
making donations over $30,000 must be reported to the Electoral Commission
within 10 days [alongside proposal 2])
18.
GH: National supports removal of the 10-day rule, except in election years
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E. Comments on proposal #4 (requiring more detailed disclosures of in-kind (non-
cash) donations)
19.
GH: The current rules are clear relating to auctions, and this proposal could add another
layer of complexity
20.
GH: National has a donations recording template with instructions on how to process
auction items, covering the name of the person buying the item(s), how much they paid for
the item(s) and what event(s) they attended
21.
GH: The current rules are vague about the dollar threshold at which individual raffle donors’
names need to be disclosed
22.
GH: Dinners are hard to quantify aside from the costs incurred that can be expensed e.g.
how much is the party leader speaking at a dinner worth?
23.
GH: Difficult to retain treasurers at branch level (approximately 50% turnover annually) and
requiring them to make these kinds of interpretations may increase that turnover level,
particularly with volunteers who are not trained accountants
F. Comments on proposal #6 (requiring parties to release their audited annual
financial statements, and simplifying the audit requirements to make audit reviews
more meaningful)
24.
GH: Concerned about how this would work in practice given that National does not prepare
a consolidated set of accounts covering all its branches (which it is not required to do as an
unincorporated society) – only consolidates accounts down to electorate level
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25.
GH: Cost of audits would skyrocket
26.
GH: What is the public interest in seeing the profit and loss statements of political parties?
a. GH: Fears this information could be misused in the competitive environment the
political ‘marketplace’ operates in
b. SS: Political parties are still private, small-to-medium sized entities so should not
need to disclose this information; already face significantly greater media scrutiny
which would only intensify
c. GH: These two factors make parties different from the majority of incorporated
societies (such as local bowls clubs) that publicly disclose their financial statements
(which are not necessarily audited)
27.
GH: National’s most detailed accounts sit at the Board level in terms of visibility
28.
GH: Perhaps the Electoral Commission should be able to view the audited accounts of
political parties?
a. GH: However, public disclosure would negatively affect operations given other
RELEASED
parties and the media could view their expenditure in detail
b. GH: Public disclosure may lead to inconsistency around what is disclosed given
parties operate differently and may prepare their annual statements differently
[see paragraphs 14, 15 and 16 for other comments related to this proposal]
G. Comments on proposal #7 (introducing a requirement for candidates to disclose
loans)
29.
GH: No reason why this proposal could not be introduced
a. GH: Ideal y the disclosure threshold would match the requirements for the
pecuniary interest register all Members of Parliament (MPs) must complete
30.
GH: In general, the party should be raising money rather than the candidate as often the
candidate is not actually confirmed as standing until close to an election
a. SS: National supports candidates and MPs not being at the centre of soliciting
donations, with the party performing this role instead
H. General comments
31.
SS: National would need to hire a full-time staff member to run a project to implement these
proposed changes and to train all the volunteers across National’s 70 branches
a. SS: would prefer these changes are considered as part of the wider electoral law
review, and then there would only need to be one project to implement al the
changes arising from that review (instead of the potential need for two projects, one
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to implement this package of changes and one to implement electoral law review
changes)
32.
GH: Need to be putting enduring arrangements in place rather than piecemeal tweaks
a. GH: Electoral matters should not be used to play politics, but should instead be the
subject of cross-party support
b. SS: Bipartisanship on electoral matters is important for the public to trust and have
confidence in the system
33.
GH: The election campaign is six months in practice, even if the regulated pre-election
period is officially three months
a. GH: Election year is very busy already with managing candidate nominations etc., so
adding these changes would be hard operationally
b. GH: Springing these changes on donors who have been used to the current rules for
a decade would also be difficult
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Document 11
Internal File Note
Author
Braedyn Freebairn, Casual Advisor
File reference TBC
Date
2:00pm to 3:00pm, Monday 31 January 2022
Location
Via telephone
Subject
Proposed changes to political donations rules
(meeting with NZ Outdoors Party)
MOJ
NZ Outdoors Party
Participants Craig McKendry, Policy Lead (CM)
Alan Simmons, President and Co-
Keeshonn Watene, Policy Advisor (KW)
Leader (AS)
Braedyn Freebairn, Casual Advisor (BF)
Sue Grey, Co-Leader (SG)
Jenn Haakma, Party Secretary (JH)
RELEASED
1.
This meeting is between MOJ advisors Craig McKendry, Braedyn Freebairn and Keeshonn
Watene, and NZ Outdoors Party co-leaders Alan Simmons and Sue Grey and secretary Jenn
Haakma. This internal file note briefly summarises the discussion.
2.
The discussion forms part of the Ministry of Justice’s targeted consultation with the party
secretaries of registered political parties to discuss the proposed changes to political
donations rules, ahead of any potential legislative change in this area.
A. Introductory/general comments
CM introduced MOJ and discussed the scope and structure of the meeting – looking at
political donations from a party perspective, and timeframe to make changes to the
electoral system.
Looking at the existing mechanism and making incremental changes rather than large
constitutional changes. Donations returns as they stand now and the impact of potential
changes.
Issue of disproportionate funding in disparity of which party gets publicly funded – not in
scope.
Return as it stands
AS: The current situation doesn’t affect us much because we don’t get big donations so it’s
not a huge task.
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In your proposal, it would mean more reporting for us. We agree with your statements on
transparency because manipulating of funding is rife. We’re interested in that question.
SG: Are you asking how we prepare our returns or something else?
CM: The amount of effort for you to do.
SG: Electoral returns are a nightmare because most of our candidates haven’t done it before
and the form is confusing.
We had a group campaigning on our behalf and none of the options included that. Jenn had
candidates that were confused and didn’t want to do it again because of the nightmarish
process.
CM: And the actual party return?
SG: The party return wasn’t as bad. I just filled it in with our figures. We didn’t have a lot to
declare.
We still had the problem that each candidate had to allocate which amount was party and
which was electoral. The candidates didn’t know they had to do that at the start so they
didn’t think about it. But most didn’t need to declare much.
RELEASED
AS: We’re not professionals and we don’t have a big team.
JH: I had to go in and do everyone’s again. The best way to do it is to do the figures myself
and send it to al the candidates to sign.
Trying to get the system to do things was a bit frustrating. Sometimes it wouldn’t accept and
I had to call the office and explain so they could talk me through it. The electoral people
were amazing.
CM: Let’s talk about the audit side of things. How much does that cost you?
AS: Too much.
SG: Over $2k. Most of it was because I would submit it and he would fix it and come back to
me with it all wrong. There was no way for me to dictate it. Alan was trying to do it again
and it cost us too much money for the mess we got.
AS: We got quoted $6k. For a smal party that’s a big chunk. To have to do that maybe twice
a year is quite a lot. We don’t have big donations. When people donate, it’s $50-100. It’s not
$30k.
SG: The big companies donate to big parties so they can influence them at some point. They
don’t donate to us because we won’t get in so they don’t see us as important.,
A lot of voters don’t have the money – a lot of rural Maori who don’t have high income and
struggle to pay the subscription.
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It would be good if there was an auditor that the govt employs and they know what to do
and what’s required and that’s part of the cost of the electoral system. We didn’t know we
would have to do that, and it was quite a hassle raising the funds. We’d spent all our money.
SG: Our auditor had never done a party before, so Sue’s suggestion that there be an auditor
appointed within the system actually makes a lot of sense
Proposal to make publicly available financial statements
Are you an incorporated society?
SG: No, we’re unincorporated.
CM: So your financial statements wouldn’t be publicly available? Is it in your constitution?
AS: No, we haven’t thought about that. We have recently discussed becoming an
incorporated society. But we have mixed feelings about disclosure of our statements. It
would be useful to have big parties disclose their statements but not sure about us.
SG: It should be transparent and everyone should know. RELEASED
JH: I don’t understand why it would be needed. The EC should know what’s going on – but
why the public? I don’t know how it wil help us.
SG: We know that big donors find ways to make donations to parties that they can influence
the most and get the most benefits. But changing the rules doesn’t fix it – if they don’t do it
through a bank they put it in a brown envelope. If they want to do something, they do it. Big
entities can influence political parties. Fishing entities thought it was more cost effective to
employ a politician than a lawyer – they made monthly donations to NZ First and other
parties and if they needed an MP for a question or a meeting with a Minister, they had an
MP that could set it up.
CM: In-kind donations – is that something that changes between big and smal parties? Do
you get mostly financial donations?
SG: Are you talking about someone helping us with our IT?
CM: No, the bigger events like dinner or auctions.
SG: We don’t really have anything like that. I am curious if somebody’s already an MP how
they can charge to have dinner with them. I thought that was part of the job.
AS: We’re keen to see more transparency around this sort of stuff.
SG: Need to make it easier to engage with democracy but also making the paperwork not
harder than it needs to be. There should be someone in the government who can do that
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rather than external person. Maybe bigger parties don’t want that but for a smaller party
like us it would be a huge advantage.
AS: Unregistered parties that took money from the public and transferred them into
registered party
Advance NZ and NZ First having trusts that funnel money into the main party
Clarity around what’s allowed and why
Including under 1.5k returns
CM: Is that something you have on hand or is that a whole new data col ection hassle?
SG: We do record it.
AS: They are there. There’s no problem reporting them. The issue is knowing that you have
to report them to make the records easier. This writing out two cheques for $15k is
ridiculous.
SG: You could just look at the cumulative donations from one source rather than each
individual donation. Our system records al the donations but it doesn’t report to us what
each one is. You’d have to count it – it’s just the total, not the individual donation.
RELEASED
AS: I think we agree with changing the limit to 1.5k.
The rationale for the change is to align it with candidate spending. But the difference
between spending for candidates and for parties is huge. There’s an argument for not going
down that low – reducing it down to something higher than 1.5K, maybe from 15k to 10k.
SG: Most of our donations are smal . There might be a few generous people that donate 1k.
There is one that we can think of that donates 10k. If it’s over 1k it doesn’t real y make a
difference to us.
AS: Our concerns are anonymous donations. We don’t think there should be donations that
are anonymous from anyone.
SG: Also donations should be from voters. A company shouldn’t be able to donate because
they can’t vote. Corporations are the ones that have the big money.
We’re supportive of them actual y have to disclose who they are.
We think there should be a cap on anonymous donations – maybe 15k. Because there’s no
reason to have an anonymous donation under that.
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Document 12
Internal File Note
Author
Avi Singh, Policy Advisor
File reference TBC
Date
11:00am to 12:00pm, Tuesday 14 December 2021
Location
Zoom
Subject
Proposed changes to political donations rules
(meeting with Sustainable New Zealand - SNZ)
MoJ
SNZ
Participants Craig McKendry, Policy Lead (CM)
Vernon Tava, Party Secretary (VT)
Avi Singh, Policy Advisor (AS)
1.
AS and CM met with VT, Party Secretary for Sustainable New Zealand (SNZ). This internal file
RELEASED
note briefly summarises the discussion.
2.
The discussion forms part of the Ministry of Justice’s targeted consultation with the party
secretaries of registered political parties to discuss the proposed changes to political
donations rules, ahead of any potential legislative change in this area.
A. Introductory/general comments
3.
VT: party secretary a daunting job given the legal liabilities that can arise from inadvertent
non-compliance, which is worth bearing in mind when proposing to increase their legal
obligations; but the Electoral Commission (EC) are very helpful and reasonable
4.
VT: SNZ a new party registered in December 2019 with 11 electorate candidates (10 of
whom stood on the party list)
5.
VT: Believes in the right of a donor to a certain level of privacy
6.
VT: Any legislative reform in this area comes up against the tension between transparency
and the compliance burden, especially for small, volunteer parties; a tiered audit approach is
needed
7.
VT: an audit requirement for financial statements could lead to ‘fudged’ headings for
accounts (such as ‘contractors’) to avoid disclosing specific details that other political parties
would be aware of
8.
VT: None of the current court cases appear to be inadvertent, but instead appear to be more
due to more deliberate actions; there is a risk of a political response where something needs
to be seen to be done
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link to page 41 link to page 43
B. Comments on proposal #1 (lowering the threshold for political parties to disclose
the identity of donors from $15,000 to $1,500)
9.
VT: $1,500 disclosure threshold sensible and proportionate in the candidate context, but
making this the disclosure threshold for party donations could be distorting; it is a challenge
for a new party to attract donors and this proposal would exacerbate those challenges;
some donors may not have given money to SNZ if this proposal had been in force for the last
general election
10.
VT: SNZ spent approximately $180,000 on its 2020 general election campaign, but it needed
to spend at least $1 million to gain enough traction to potentially enter Parliament
11.
VT: SNZ content and marketing advisor said the engagement with SNZ content was good, but
a bigger budget is needed to expand the content’s reach to sufficiently have a chance of
reaching the 5% party vote threshold
12.
VT: A $15,000 donation to a party is not big in the context of that level of election spending
13.
VT: Confidentiality a big reason for donors to give money to small parties
14.
VT: $1,500 disclosure threshold for party donations is too low and will place small, emerging
RELEASED
parties at a further disadvantage than what they already face
C. Comments on proposal #2 (increasing the frequency of reporting of donations by
parties)
15.
VT: Annual cost of donations return audit is approximately $1,500; this is a non-trivial
amount for a small party
16.
VT: Because that $1,500 is a fixed fee, if the frequency of reporting tripled, the cost of audits
would also triple; this cost would be hard to cover in non-election years and would result in
party funds being depleted purely to cover compliance costs before any opportunity to
spend on reaching voters; this would be very hard for small parties
17.
VT: A review of the current audit approach is worth looking at, but not sure what the
levels/tiers could be
18.
VT: Audit quality only as good as the information provided to the auditor, so fraudulent
conduct is difficult to pick up in an audit; this means the audit has a negligible practical
effect
19.
VT: Party income is lumpy and generally comes in late in an election year (1-2 months before
an election); if more frequent reporting came into force, there could be gaming by donors to
avoid donating within reporting periods due immediately before an election
[see paragraphs 6 and 26 for other comments related to this proposal]
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link to page 41
D. Comments on proposal #3 (removing the requirement that the identity of donors
making donations over $30,000 must be reported to the Electoral Commission
within 10 days [alongside proposal 2])
20.
VT: EC make this requirement very clear, although it can be difficult to keep track if a series
of donations over a longer time period add up cumulatively to $30,000
21.
VT: Last-minute spending can dramatically affect undecided/swing voters, so relatively quick
disclosure makes sense; but requirement is onerous and hard to manage; perhaps make it a
30-day reporting requirement instead of 10 days?
22.
VT: None of the proposed changes address deliberate non-compliance but will increase
burden on smal parties
E. Comments on proposal #4 (requiring more detailed disclosures of in-kind (non-
cash) donations)
23.
VT: Neutral on this issue as it only affects big parties who run fundraisers and auctions etc.
F. Comments on proposal #5 (requiring disclosure of the volume and total dollar
RELEASED
amount of donations under $1,500)
24.
VT: Neutral on this issue as well as this information is already collected, so as long as the
reporting timeframe is reasonable, we have no issues
G. Comments on proposal #6 (requiring parties to release their audited annual
financial statements, and simplifying the audit requirements to make audit reviews
more meaningful)
25.
VT: This requirement crosses over into parties disclosing commercial information
26.
VT: An audit of financial statements will cost approximately $3,000; add this to potentially
more frequent donations reporting requiring audits along with the existing donations return
audit and audit fees look likely to reach approximately $10,000; this cost is likely to force the
closure of small parties
[see paragraph 7 for other comments related to this proposal]
H. Comments on proposal #7 (introducing a requirement for candidates to disclose
loans)
27.
VT: Candidate loans can be quite personal, but should be disclosed on the Register of
Pecuniary Interests for candidates who are elected to Parliament as MPs
28.
VT: Loans to candidates who were not elected to Parliament are nobody else’s business
29.
VT: Most small parties have to focus on the party vote in any case given the unlikelihood of
one of their candidates winning an electorate seat
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I. General comments
30.
VT: In the table attached to the Ministry’s letter to party secretaries, under the ‘Merits’
column for Proposal #6, it states this proposal “aligns with similar obligations of other
entities, such as charities and non-incorporated societies”; presumably this is a typo and is
meant to refer to incorporated societies, rather than non-incorporated societies?
a. AS: Agreed this appears to be a typo and is intended to refer to incorporated
societies
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Document 13
Submissions of the Sustainable New Zealand Party (SNZP) on
Proposed Electoral Donations and Loans Rule Changes
1. Introduction
1.1. The Sustainable New Zealand Party (SNZP) was registered with the
Electoral Commission on 4 December 2019. The party stood 11 candidates
in the 2020 election.
1.2. Assuming the role of party secretary for a New Zealand political party is a
daunting prospect. The obligations are significant and the liabilities for a
secretary under the Electoral Act 1993 can be serious.
1.3. There is a clear public interest in improving transparency of donations and
loans but this must be balanced against freedom of political expression,
freedom of association and donors’ right to privacy unless there is a clear
public interest in disclosing their personal information.
1.4.
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As with all legislative reform in New Zealand care must be taken that rule
changes aimed at the small number of major players in any realm do not
create unsupportable obligations for the many smaller players. Some
distinction between the compliance requirements for parties based on size
and/or income, risk profiles, mitigations, etc. may be necessary.
1.5. The high-profile incidents referred to at paragraph 20 of the ministerial
briefing paper of 5 August 2021 are either instances of a deliberate
subversion of the existing rules or a failure to comply with the existing
rules. Increasing the burden of compliance and requiring greater disclosure
and audit will do little to capture those who are willing to falsify records to
obtain their ends.
1.6. Specific submissions on the proposals are set out below:
2. Lower public disclosure threshold for donations to $1,500 for parties
2.1. Start-up parties find it very difficult to attract substantial funding.
Anonymity is highly important to donors.
2.2. In our own experience many larger donors (i.e. contributing between $1,500-
$15,000) valued confidentiality. This is understandable when the media will
seize upon any perceived connections between parties. Significant donors
are likely to also donate to one of the major parties and unfair inferences
may be drawn that the new party is therefore a ‘prop’ to the party with
which they have a donor in common. These assertions are easy to make,
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2.3. A minor party, particularly a new one, will attract donations to the party
rather than to individual candidates. Given that the rational strategy for a
party that is unlikely to win an electorate is to focus on the party vote this
makes the distinction between party and candidate contributions largely
academic.
2.4. The ambiguity, possible incentives and need to interpret whether a
donation is intended for a party or their candidate can be easily resolved by
a party secretary or their agent.
2.5. The different disclosure thresholds for donations to candidates and parties
have not caused significant confusion for SNZP. For most parties the
distinction is not meaningful as the rational approach for a small party in
an MMP system is generally to focus on the party vote. It is worth
considering why the differential limits were set in the first place. The
amounts of $1,500 and $15,000 are broadly equivalent in their context. A
donation to a party is spent in a national context; a donation to candidate is
spent only in their electorate. In terms of the relative impact (hence
presumed influence of a donor) a donation and corresponding spend on
candidate promotion of over $1,500 in an electorate could be significant. In
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the context of a national party vote campaign $1,500 is a small contribution.
3. Increase frequency of donation reporting (e.g. from annual to 3- or 6-
monthly)
3.1. Donation reporting is already a significant obligation in terms of cost and
effort expended.
3.2. For a small party the cost of auditing is a non-trivial proportion of its
operating expenses. Notwithstanding the (generally) unpaid work within
the party of collating information, the annual audit cost is ~$1,500 for an
audit. The professional fees for this work are a fixed cost that will not vary
by the number of audits per year. The number of audits will simply multiply
the audit fees per year. If a set of audited returns were required 4 times per
year (i.e. every 3 months), the annual cost of audit would increase from
$1,500 to $6,000. In a non-election year it is thus entirely possible that the
cost of compliance will exceed donations received.
3.3. We echo the feedback of other party secretaries that the audit process needs
to be analysed in terms of effectiveness, efficiency and appropriateness. As
with any legislative reform a balance needs to be struck between the
demands that can reasonably be placed on large parties with paid staff and
sophisticated infrastructure and small entities run by volunteers dealing
with much smaller amounts of money.
3.4. A sensible way to do this could be to have different return requirements for
differently sized parties based on a party’s total donations and loans in the
last general election period. For instance, for National and Labour every 3
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months, for ACT and the Greens every 6 months, for all other parties every
12 months. This would take account of their respective abilities to absorb
the cost of audits and workload of compliance as well as corresponding to
the relative public interest in transparency as between the parties. For a
party like TOP that would be likely to raise a lot less in an election year
compared to their last election year, provision could be made to apply to the
Electoral Commission for a change in intervals based on a projection of
income.
3.5. Ultimately, an audit is only as good as the information provided to the
auditors. If the officials of a party are willing to commit deliberate breaches
of electoral rules these are unlikely to be picked up in an audit as the same
people will be providing the information to the auditor.
3.6. More frequent intervals of reporting will create a new set of incentives for
donors wishing to avoid closer scrutiny to donate in the period closest to the
election and that will not be disclosed until after polling day. Given that the
regulated period is 3 months before polling day, that the bulk of expenditure
happens in the 1–2 months prior to an election, and that a large proportion
of donations are received close to polling day in any event, this measure will
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do little to achieve the desired improvement in transparency while
significantly increasing compliance effort and expense.
4. Remove the requirement that for donations that exceed $30,000 the
identity of the donor amount must be publicly disclosed within 10 days
of receipt
4.1. This did not present an issue for the party in the lead-up to the 2020
election. We had a donation that exceeded $30,000 and had no difficulty
complying with the 10-day reporting requirement.
4.2. However, in cases when multiple donations added up to exceed the limit
inadvertently exceed the limit would be better dealt with by extending the
reporting period. It is not clear why 10 days is meaningfully better than 30
days, for instance, which would make a significant difference in likelihood
of avoiding inadvertent non-disclosure by allowing a more reasonable period
for internal cross-checks.
4.3. The splitting or channeling of donations to avoid disclosure is already
prohibited under the Electoral Act 1993.
5. Introduce requirements for parties and candidates to disclose more
details about in-kind (i.e. non-cash) donations
5.1. We are neutral on this proposal.
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6. Require parties and candidates to report on number and total volume
of donations under $1,500 for donations that are not made
anonymously
6.1. We are neutral on this proposal as the information is already collected and
easily collated.
7. Require parties to publicly disclose their audited annual financial
statements
7.1. This proposal goes well beyond the purported goal of these reforms of
improving transparency of donations and loans and crosses into requiring
the party to divulge detailed operational information.
7.2. Table 3 states that this will align parties with similar obligations of other
entities such as charities and non-incorporated societies. This raises two
issues:
(a)
surely the reference is meant to be to incorporated societies as non-
incorporated societies have no obligations outside those in their own
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rules whereas incorporated societies must comply with the
requirements of the Incorporated Societies Act 1908 and – while
section 23 requires that an annual financial statement is delivered to
the Registrar of Incorporated Societies – the Act does not require that
these statements are independently audited. Many incorporated
societies have a provision in their rules not to require an audit of their
financial statements on a vote of the members at a general meeting.
(b)
The special legal status and tax-deductible status of donations to
charities justify increased scrutiny. It is unclear how this analogy
with political parties is justifiable.
7.3. The cost of audit is non-trivial. In concert with the increased costs of
compliance discussed at 3.2 above, assuming costs of audit of between
$1,500 and $3,000, a party could be expected to outlay in the vicinity of
$7,500–$9,000 a year to meet bare compliance requirements. In a non-
election year it is thus entirely possible that the cost of compliance will
substantially exceed donations received. Some small parties may not be in
a position to comply due to lack of funds.
8. Introduce requirement for candidates to report on loans
8.1. Loans taken by a candidate are a personal matter that they may not wish
to be publicly disclosed.
8.2. In an MMP system the loans made to a party are of greater significance
than loans made to an electorate candidate, warranting a higher standard
of public disclosure.
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Document 14
Internal File Note
Author
Avi Singh, Policy Advisor
File reference TBC
Date
3:00pm to 4:00pm, Monday 13 December 2021
Location
Microsoft Teams
Subject
Proposed changes to political donations rules
(meeting with The Opportunities Party – TOP)
MoJ
TOP
Participants Craig McKendry, Policy Lead (CM)
Ray McKeown, Party Secretary (RM)
Avi Singh, Policy Advisor (AS)
1.
AS and CM met with RM, Party Secretary for The Opportunities Party (TOP). This internal file
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note briefly summarises the discussion.
2.
The discussion forms part of the Ministry of Justice’s targeted consultation with the party
secretaries of registered political parties to discuss the proposed changes to political
donations rules, ahead of any potential legislative change in this area.
A. Introductory comments
3.
RM: Takes me around 40 hours to generate info from TOP’s systems to prepare annual
donations return (noted he works ful -time so all time spent on this preparation is done
voluntarily in the evenings)
4.
RM: I was an accountant and an auditor in a past life, so understand how those processes
work
5.
RM: Audits of annual donations returns are a waste of time because qualified opinions are
provided which add no economic, legal or democratic benefit; party secretaries are already
on the hook legally anyway so qualified opinions do little
6.
RM: Audit of annual donations return currently costs ~$3,500 - $4,000 + GST, and this cost
would increase substantially if more frequent donations reporting was required
7.
RM: Audited annual financial statements would be an even greater cost on top of the
existing (pointless) audit requirements for annual donations returns
8.
RM: TOP uses a Customer Relationship Management (CRM) system which contains
information about members and donors but has limited filtering ability; so a manual process
is required to accurately assess the origin and total amount of donations received, and then
report the required information in the format requested by the Electoral Commission (EC)
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9.
RM: At the moment, the donations TOP receives are too smal to get close to most of the
legal thresholds for disclosure
B. Comments on proposal #1 (lowering the threshold for political parties to disclose
the identity of donors from $15,000 to $1,500)
10.
RM: Proposal #1 makes sense from TOP perspective since they have to col ect and calculate
this information anyway to check what needs to be reported as a matter of law
C. Comments on proposal #2 (increasing the frequency of reporting of donations by
parties)
11.
RM: Estimates he would need to spend around 30 hours every quarter on donations
reporting if reporting frequency became quarterly, so TOP would be worried about the
significant increase in time required to achieve compliance
D. Comments on proposal #3 (removing the requirement that the identity of donors
making donations over $30,000 must be reported to the Electoral Commission
within 10 days [alongside proposal 2])
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12.
RM: Makes sense to remove this requirement if proposal #2 went ahead; not sure about
keeping the requirement only during the lead-up to a general election as he would not
recommend having two separate reporting systems in place
13.
RM: Removal of this requirement unlikely to be gamed since bad publicity afterwards would
be big – but conversely, a party may have won an election by then so gaming the system
could have significant consequences
14.
RM: If keeping this requirement only for the lead-up to a general election, recommend
increasing threshold for disclosure to $50,000
E. Comments on proposal #4 (requiring more detailed disclosures of in-kind (non-
cash) donations)
15.
RM: Considers this a big problem – the amount disclosed should be the amount paid, and
the name of both the buyer and the donor of the in-kind item should be disclosed
16.
RM: Small parties are exposed in this regard e.g. if a hall is hired for a meeting at a local level
and someone pays for the cost of renting it, it is very hard for the party secretary to know
about all these little things that may be going on
F. Comments on proposal #5 (requiring disclosure of the volume and total dollar
amount of donations under $1,500)
17.
RM: This is easy to implement as TOP collects this information already
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link to page 49
G. Comments on proposal #6 (requiring parties to release their audited annual
financial statements, and simplifying the audit requirements to make audit reviews
more meaningful)
18.
RM: We would be interested in what other parties do regarding audits
[see paragraph 7 for other comments related to this proposal]
H. Comments on proposal #7 (introducing a requirement for candidates to disclose
loans)
19.
RM: Never had to deal with this as most candidates personally pay their election expenses
I. Unspent donations
20.
RM: This is not an issue for TOP
J. Anonymous donations
21.
RM: Hard to assess if anonymous donations are from overseas or not; the issue from a public
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perspective is because anonymous donations can go to parties directly, rather than having
to go through the EC
22.
RM: Anonymous donations only being made through the EC protected disclosure channel
would mean any risk of undue influence would dissipate since parties would not know the
identity of the donor, and whether they were overseas or not wouldn’t matter
23.
RM: Would like to see thresholds for maximum donation amounts for overseas ($50) and
anonymous ($1,500) donations aligned as the disparity makes it difficult to know if
compliance is being achieved
24.
RM: TOP has to manually try and match email addresses with names of people in its CRM
system to ascertain donor identities since most donations are made online
K. General comments
25.
RM: Feels like changes are being made to existing regime but what is the underlying
problem? Are these proposed solutions actual y going to solve the underlying issues?
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Document Outline