Tauranga City Council election: Some candidates underperform financially

As of Thursday, Lampp was still chasing five candidates.

University of Otago law professor Andrew Geddis said applicants who fail to file a return are committing an offense and could be fined $1000.

However, an applicant who files a return showing they have spent over the allowed amount could face up to two years in prison or a $10,000 fine.

“That’s another risk that people will just decide, ‘Well, I know I did wrong, I know I’ll face severe punishment if I turn in a true return, so I’m just not going to turn it in,'” he said.

RNZ began asking deceased mayoral candidates on October 2 where their results were, reaching out to them by phone, text and email. There were no direct answers.

However, prominent mayor and council candidate Ria Hall, who was not elected, sent her late statement, giving the date October 2.

It shows she finished second among mayoral candidates in spending, at $46,478.75, ahead of winner Mahe Drysdale and behind his uncle, whose failed campaign spent $56,012.

Hall had the highest donation total at $32,568.55. At the start of her election campaign, she held a fundraising concert that included Anika Moa, Holly Smith, Julia Deans, Tami Neilson, Bella Kalolo and Tali.

The concert raised $19,155 in donations through ticket sales, and Hall listed all six singers who donated their goods and services for a total nominal amount of $1,550.

If their performances constituted a service, they would have to be accounted for as an expense with a reasonable market value, even if the artists were not paid. However, labor offered for the campaign does not have to be taken into account.

Geddis said it’s unclear whether “special gifts” such as speaking engagements should be considered “service” or “labor” under the law.

“They provide their labor, they provide their work for free, but they also provide a service, something special that the average person cannot provide.”

Without a court ruling on what category such special gifts fell into, they remained a gray area. He encouraged candidates to be open and list it as a donation, as Hall did.

Geddis said it’s important that all winning candidates file returns so the public knows who funded those in power. He also assured the public that successful candidates will follow the rules. Their future decisions could then be tracked based on who funded them.

Losing candidates did not benefit from their funding or expenses. However, Geddis said all applicants are required to file returns as it helps build confidence in the system.

“If everyone reports, it shows everyone is following the rules. This will allow future candidates and future elections to be conducted in a way that everyone can trust.”

Lampp said it’s unfortunate that candidates are often late reporting expenses and donations. He explained this by saying that people put things off until the last minute.

“I work with these candidates to meet their legal requirements in due course. As a last resort, I refer them to the police if necessary.”

-RNZ