Friday, August 01, 2008



Electoral Commission decisions

The Electoral Commission has released the details of numerous decisions made under the Electoral Finance Act (links here). The interesting points

  • Whether an issue ad is an election advertisement seems to be time sensitive. A PPTA billboard asking "How dense do you want them?" was ruled not to be an election advertisement at present [PDF], with the implication that it might become one if it was successful in making education policy an election issue.
  • A party logo is not by itself an election advertisement. Two decisions, on a Labour Party spare wheel cover [PDF] and a National Party van [PDF] went in different directions based primarily on whether the party's election slogan was present along with the logo.
  • Similar standards apply to newspaper issues ads, with an NZ First ad asking "what's in it for us?" about the NZ-China FTA being ruled not to be an election advertisement [PDF] "by a close but distinguishable margin". Meanwhile, a Progressive party ad saying they had "the strength to care" about BZP was ruled to be an election ad [PDF] because that was the party's election slogan, and has been referred to the police.
  • Despite the National Party's efforts to throw a spanner in the works and break the law, material produced by Parliamentary Services is appropriately authorised by party officials [PDF].
  • Finally, as expected, ordinary party members are not "involved in the administration" of parties, so the EPMU can be listed as a third party [PDF].
It's also worth noting that Audrey Young's efforts to demonise the EFA and beat up news stories by laying complaints have so far been spectacularly unsuccessful. All of these decisions seem quite reasonable, and none seems to have the perverse effects the Herald seems to be hoping for. The upshot is that the Act is working properly, and freedom of speech is not being unreasonably suppressed.