What penalties are envisioned for offences related to obstructing the electoral process?

New Zealand

New Zealand

Answer
Both fine and imprisonment
Source

New Zealand Electoral Act 1993 (2010)


http://aceproject.org/ero-en/regions/pacific/NZ/new-zealand-electoral-act-2010/view


201 Offences in respect ofballot papers and ballot boxes

(1) Every person commits anoffence against this section who—

(a) forges, orcounterfeits, or fraudulently defaces, or

fraudulently destroys anyballot paper, or the official

mark on any ballot paper:

(b) without due authoritysupplies any ballot paper to any

person:

(c) fraudulently puts intoany ballot box any paper other

than the ballot paper thathe or she is authorised by law

to put therein:

(d) fraudulently takes outof a polling place any ballot

paper:

(e) without due authoritydestroys, takes, opens, or otherwise

interferes with any ballotbox, or box or packet or

parcel of ballot papers,then in use for the purposes of an

election, or in course oftransmission by post or otherwise,

or thereafter whenever thesame may be kept as a

record of the election.

(2) Every person whocommits an offence against this section

shall be liable onconviction on indictment,—

(a) if a Returning Officeror a polling place official in attendance

at a polling place, toimprisonment for a term

not exceeding 2 years:

(b) if any other person, toimprisonment for a term not exceeding

6 months.

(3) Every person whoattempts to commit any offence against this

section shall be liable onconviction on indictment to imprisonment

for a term not exceedingone-half of the longest term

to which a personcommitting the offence may be sentenced.

(4) Every person whocommits an offence against this section

or who attempts to commitan offence against this section is

guilty of a corruptpractice.

Compare: 1956 No 107 s 130;1990 No 1 s 68

Section 201(1)(a): amended,on 6 December 1995, by section 71(1) of the Electoral


224 Punishment forcorrupt or illegal practice

(1) Every personwho is guilty of any corrupt practice is liable on

conviction onindictment to either or both of the following:

(a) a term ofimprisonment not exceeding 2 years:

(b) a fine notexceeding—

(i) $100,000 inthe case of a person who is a constituency

candidate, partysecretary, or registered

promoter and whois convicted of any corrupt

practice underPart 6A; or

(ii) $40,000 inany other case.

(2) Every personwho is guilty of any illegal practice is liable on

conviction onindictment to a fine not exceeding—

(a) $40,000 in thecase of a person who is a constituency

candidate, partysecretary, or registered promoter and

who is convictedof any illegal practice under Part 6AA

or 6A; or

(b) $40,000 in thecase of a person who is an unregistered

promoter and whois convicted of any illegal practice

under section 204Bor 204D; or

(c) $10,000 in anyother case.

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