Outcome of Police investigation into electoral returns of Hon John Banks
Chief Media Adviser, PNHQ
04 474 9476, 027 236 9974
Were Police correct to not prosecute John Banks for an alleged breach of s134(2) of the Local Electoral Act 2001 as it was outside the 6 month time frame for prosecutions under s14 of the Summary Proceedings Act 1957?
- 338. Offences against this Act —
- . . .
- (4) Notwithstanding anything in the Summary Proceedings Act 1957, any information in respect of any offence against subsection (1), (1A), or (1B) of this section may be laid by any person at any time within 6 months after the time when the contravention giving rise to the information first became known, or should have become known, to the local authority or consent authority.
If the electoral officer at any election or poll—
receives a written complaint that an offence under this Part has been committed; or
believes for any other reason that an offence under this Part may have been committed,—
- the electoral officer must report that matter to the Police together with the results of any enquiries made by the electoral officer that he or she considers appropriate.
Subsection (1) does not prevent any person from reporting an alleged offence to the Police.
Despite subsection (1), an electoral officer is not required to report the failure by a candidate at an election to file the return required by section 109(1) within the period prescribed in section 109, if the candidate files that return promptly after being required by the electoral officer to file the return.