Audrey Young makes an astute observation about Jacinda Ardern’s knee-jerk reaction to the news of SFO charges relating to dodgy Labour party donations:
Jacinda Ardern’s knee-jerk response to the news that a donation to her own Labour Party has led to Serious Fraud Office charges against six individuals was “let’s look at the law”.
The Prime Minister was right when she said that New Zealanders want to have confidence in the system.
And the fact that 12 individuals are facing Serious Fraud Office charges in relation to donations to three political parties may have undermined confidence in something. But not necessarily “the system”.
“The system” spent several years investigating the donations – and “the system” has laid charges.
Notwithstanding the fact that the trials have yet to be held, there is every reason, for the first time in a long time, for New Zealanders to have confidence that the system might actually be working.
The system does indeed appear to be working, and working well as so far all political parties except ACT and the Greens have charges associated with them. The Police never used to do anything except dither and prevaricate before declaring it was not in the public interest to prosecute. This is a refreshing change.
Ardern resisted calling for a look at the law when charges were laid in relation to National and New Zealand First donations. That suggestion arose only after charges were laid in relation to Labour.
The law is clear. The Electoral Commission does a good job of explaining who can give what to whom and what needs to be disclosed. It produces easy-to-understand material directed to donors, to political party secretaries, and to candidates, all on its website.
It explains whether giving parties a gift or discount is a donation (yes if it worth more than $1500), whether charity auctions are treated as donation (yes) and whether you can avoid disclosure rules by breaking up big donations into smaller amounts (no).
Anything over $15,000 to a party and over $1500 to a candidate must be declared within a specified time. If you give more than $30,000, the party must declare that within 10 days.
If you are wealthy and want to give a large anonymous donation to a political party, there are ways to do that, so long as it is not a nod and a wink affair where you give anonymously but tell someone it was you.
At the very least, any decision by Ardern to “look at the law” should be delayed until the three cases before the courts have been completed – unless it is to reduce thresholds.
Audrey Young is dead right. Perhaps Jacinda Ardern could go and sort out her failing election promises and policies?
The law has been refined many times. Now it is time for it to be tested before the courts.
Indeed.
Knowing Labour though, they’ll probably swiftly change the law retrospectively to make that which appears illegal now legal, just like they did in 2005 to magic away their illegal rorting of the taxpayers’ purse by the party.
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