In this episode of the Election 2026 podcast series, Briony Davies is joined by Daniel Fielding and Mark Calderwood to unpack two perennial election‑year issues: political donations and election expense limits. Their discussion explains why New Zealand regulates campaign finance, how donation disclosure thresholds work for candidates and parties, what counts as an election expense, and who is legally allowed to incur those expenses. The episode also explores third‑party promoters, real‑world compliance risks, and why these rules matter for transparency, fairness, and public trust in the electoral process.

[01:46] Briony explains that campaign finance is a large and complex area, and that the episode will provide a broad overview rather than covering every issue. Loans to parties and candidates are explicitly excluded. Donations and expense limits are treated together as two sides of the same campaign finance coin: revenue and spending.

[02:43] Mark explains that New Zealand elections are largely privately funded, with limited public funding through the broadcasting allowance (approximately $4 million for the upcoming election). Because private funding dominates, disclosure rules exist to promote transparency and manage real or perceived influence over political decision‑makers. He notes the seriousness of these rules, referencing recent enforcement actions by the Serious Fraud Office.

[04:25] Mark outlines the disclosure thresholds under the Electoral Act. Candidate donations over $1,500 per campaign must be disclosed, while party donations exceeding $6,000 in a year require disclosure. He highlights that party thresholds are calculated annually, while candidate thresholds apply per campaign. Donations from overseas persons over $50 cannot be retained.

[06:07] Daniel explains that donations are not limited to cash. Goods or services provided for free or at a discount can also constitute a donation. He uses fundraising auctions as an illustrative (and humorous) example, reinforcing the importance of understanding how non‑cash contributions are treated.

[06:57] Mark details the personal information that becomes public when a donation exceeds disclosure thresholds, including the donor’s name, address, amount donated, and date of donation. He notes that this level of disclosure may influence donor behaviour. He also highlights the practical difficulty of distinguishing between party and candidate donations in some situations.

[08:04] Daniel explains that only the donor can determine whether a donation is made to a party or a candidate. If this is unclear, the safest option for a candidate is to seek clarification or return the donation. He also clarifies that donation rules apply from the moment fundraising begins, not just during election year or the regulated period.

[09:30] Using a hypothetical example, Mark explains how contribution‑based donations work when multiple individuals pool money. The person passing on the donation must disclose when it consists of multiple contributors and provide identifying details for any contributor who exceeds the disclosure threshold. The rules prevent donors from hiding their identities through intermediaries.

[10:49] Daniel reinforces that these rules are designed to prevent anonymity through pooled donations. Contributors must track their cumulative contributions to ensure compliance with disclosure requirements.

[12:43] Mark discusses spending by third‑party promoter groups, noting a record $2 million spent at the last election. He identifies major spenders, including Vote for Better, the Taxpayers’ Union, Greenpeace, and the Council of Trade Unions, illustrating the growing role of non‑party actors in election campaigns.

[15:10] Daniel explains that spending limits exist to promote fairness and prevent wealthy candidates or parties from dominating elections through sheer financial power. While limits do not create equality, they reduce the risk of elections being “bought.”

[17:27] Daniel explains that only certain expenses count towards spending limits. These include advertising published during the regulated period, such as brochures, hoardings, print ads, and social media advertising. He also lists exclusions, including opinion polls, volunteer labour, and repair of vandalised campaign materials.

[19:04] Mark discusses the complexity of election advertising rules, particularly the risks when parties use parliamentary funding. He references the historical pledge card controversy to illustrate how parties can inadvertently breach spending rules.

[20:02] Mark provides a practical rule of thumb for attributing advertising expenses. Responsibility generally depends on who the advertisement promotes (candidate, party, or issue) and who authorised it. This attribution determines whose spending cap the cost counts toward.

[21:27] Daniel explains that if an advertisement promotes multiple candidates or both a candidate and a party, costs must be apportioned proportionally based on coverage. This adds another layer of complexity to compliance.

[22:23] Daniel outlines who is legally permitted to incur election expenses: candidates (or their authorised agents), party secretaries (or authorised promoters), and registered third‑party promoters. He stresses that unauthorised spending can amount to a criminal offence.

[23:15] Mark defines the regulated period as the three months before polling day, when spending limits apply. For the 2026 election, this is expected to run from 7 August to 6 November. Crucially, it is the publication date of advertising, not when it is paid for - that determines whether it counts toward the spending cap.

Please contact Briony Davies, Dan Fielding, Mark Calderwood or our Public Law and Litigation team if you need legal advice and guidance on any of the topics discussed in this episode. 

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