204I Electoral Commission to provide advice on application of definition of election advertisement


Any person (a requestor) may request the Electoral Commission to provide advice on whether, in the opinion of the Electoral Commission, an advertisement constitutes an election advertisement.


A request made under subsection (1) must be accompanied by the advertisement in the form required by the Electoral Commission.


On receipt of a request under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, provide an opinion to the requestor.


During the period specified in subsection (6), the Electoral Commission must treat the following documents as confidential:


an advertisement received under subsection (2):


any supporting material made available by the requestor to the Electoral Commission:


advice given by the Electoral Commission to a requestor under subsection (3).


Notwithstanding subsection (4), the Electoral Commission may, upon request or on its own initiative, make available to the New Zealand Police copies of the documents referred to in that subsection to assist with the investigation or prosecution of any offence or suspected offence relating to an election.


The period specified for the purposes of subsection (4) is, in relation to a document, the period that—


begins on the day the Electoral Commission receives the document; and


ends on the day after the day for the return of the writ for the election to which the advertisement relates.


Subsection (4) overrides the Official Information Act 1982 and the Privacy Act 1993.

Section 204I: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).