New Zealand Legislation: Acts

70 Prohibition on paid election programmes

• (1) Except as provided in subsections (2) and (2A), no broadcaster shall permit the broadcasting, within or outside an election period, of an election programme.

  (2) Nothing in subsection (1) applies in respect of—

  • (a) an opening address or closing address that is broadcast—

    • (i) for a political party or group of related political parties; and

    • (ii) by TVNZ or RNZ during time allocated to that political party or group of related political parties under section 73(1); or

  • (b) an election programme broadcast for a political party or group of related political parties and paid for with money allocated to that political party or group of related political parties under section 74A; or

  • (c) an election programme—

    • (i) broadcast for a fee or other consideration; and

    • (ii) relating solely to 1 named constituency candidate at an election; and

    • (iii) used or appearing to be used to promote or procure the election of the candidate; and

    • (iv) broadcast by the candidate or with the candidate's authority within the election period; or

  • (d) any advertisement placed by the Electoral Commission or by the Chief Registrar of Electors, a Registrar of Electors, a Returning Officer, or other official for the purposes of the Electoral Act 1993; or

  • (e) any non-partisan advertisement broadcast, as a community service, by the broadcaster.

  (2A) Nothing in subsection (1) restricts the amount of money that a political party or group of related political parties may spend on the production costs of an election programme.

  (2B) Nothing in this Act derogates from section 214B of the Electoral Act 1993.

  (3) Nothing in subsection (1) restricts the broadcasting, in relation to an election, of news or of comments or of current affairs programmes.

  (4) For the purposes of subsection (2)(c)(ii), the term constituency candidate includes a person who has declared his or her intention of becoming a constituency candidate.

  Section 70: substituted, on 8 July 1993, by section 9 of the Broadcasting Amendment Act 1993 (1993 No 69).

  Section 70(1): amended, on 1 July 1996, by section 18(1) of the Broadcasting Amendment Act 1996 (1996 No 53).

  Section 70(2)(a): substituted, on 7 December 2004, by section 6(1) of the Broadcasting Amendment Act 2004 (2004 No 100).

  Section 70(2)(c)(ii): substituted, on 7 December 2004, by section 6(2) of the Broadcasting Amendment Act 2004 (2004 No 100).

  Section 70(2)(c)(iv): amended, on 20 December 2007, by section 8 of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

  Section 70(2)(d): substituted, on 1 July 1996, by section 18(2) of the Broadcasting Amendment Act 1996 (1996 No 53).

  Section 70(2)(d): amended, on 1 October 2010, by section 32(2)(b) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

  Section 70(2A): inserted, on 1 July 1996, by section 18(3) of the Broadcasting Amendment Act 1996 (1996 No 53).

  Section 70(2B): inserted, on 1 July 1996, by section 18(3) of the Broadcasting Amendment Act 1996 (1996 No 53).

  Section 70(4): added, on 7 December 2004, by section 6(3) of the Broadcasting Amendment Act 2004 (2004 No 100).