3A Meaning of election advertisement

(1)

In this Act, election advertisement

(a)

means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

(i)

to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated):

(ii)

to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated); and

(b)

includes—

(i)

a candidate advertisement; and

(ii)

a party advertisement.

(2)

None of the following are election advertisements:

(a)

an advertisement that—

(i)

is published, or caused or permitted to be published, by the Electoral Commission or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand; and

(ii)

relates to electoral matters or the conduct of any general election or by-election; and

(iii)

contains either—

(A)

a statement indicating that the advertisement has been authorised by that officer or agency; or

(B)

a symbol indicating that the advertisement has been authorised by that officer or agency:

(b)

contact information (as defined in subsection (3)) published in any medium by a member of Parliament that satisfies all of the following requirements:

(i)

the information was published by a member of Parliament in the course of performing his or her role and functions as a member of Parliament; and

(ii)

the information was prepared for publication and published by the member of Parliament using funding received under Vote Parliamentary Service; and

(iii)

the information was routinely published in that medium before the commencement of the regulated period and continues to be published in that medium during the regulated period; and

(iv)

the information is published during the regulated period no more often and to no greater extent than before the commencement of the regulated period; and

(v)

the information is published during the regulated period in the same form and style as before the commencement of the regulated period; and

(vi)

the information is not included, combined, or associated with an election advertisement (as defined in subsection (1)), or with any other information so as to constitute an election advertisement, that is published by—

(A)

the member of Parliament; or

(B)

the secretary of the party to which the member of Parliament belongs; or

(C)

any other person with the authority of the member of Parliament:

(c)

the editorial content of—

(i)

a periodical:

(ii)

a radio or television programme:

(iii)

a publication on a news media Internet site:

(d)

any transmission (whether live or not) of proceedings in the House of Representatives:

(e)

any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.

(2A)

When determining whether signage is contact information,—

(a)

all of the fixed signage on an out-of-Parliament office of a member of Parliament must be treated as a single sign; and

(b)

all of the signage on a vehicle of a member of Parliament must be treated as a single sign.

(3)

In this section,—

contact information, in relation to a member of Parliament, means information that—

(a)

must include—

(i)

the name of the member of Parliament; and

(ii)

the contact details of the member of Parliament, being 1 or more of the following:

(A)

telephone number:

(B)

physical or postal address:

(C)

email address; and

(iii)

the name of the electoral district that the member of Parliament represents or, if the member has not been elected to represent an electoral district, the fact that the member has been elected from a party list; and

(b)

may include 1 or more of the following:

(i)

a photograph of the member of Parliament:

(ii)

the website address of either or both—

(A)

the member of Parliament:

(B)

the party to which the member of Parliament belongs:

(iii)

the name of the party to which the member of Parliament belongs:

(iv)

the logo of the party to which the member of Parliament belongs:

(v)

the times when the member of Parliament is available for consultation by the public

periodical means a newspaper, magazine, or trade or professional journal that—

(a)

was established for purposes unrelated to the conduct of election campaigns; and

(b)

since its establishment has been—

(i)

published at regular intervals; and

(ii)

generally available to members of the public

vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

Compare: 1993 No 87 ss 221(1), (6), 221A(2), (4) (pre-1 January 2011); 2007 No 111 ss 4, 5(2)

Section 3A: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3A(2)(a)(i): amended, on 1 July 2012, by section 52(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3A(2A): inserted, on 21 March 2017, by section 6(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 3A(3) vehicle: inserted, on 21 March 2017, by section 6(2) of the Electoral Amendment Act 2017 (2017 No 9).