Local Electoral Act 2001

Part 5A Electoral advertising

Part 5A heading: inserted, on 29 June 2013, by section 36 of the Local Electoral Amendment Act 2013 (2013 No 40).

113 Advertisements for candidates

(1)

No person may publish or cause to be published in any newspaper, periodical, notice, poster, pamphlet, handbill, billboard, or card, or broadcast or permit to be broadcast over any radio or television station, any advertisement that is used or appears to be used to promote or procure the election of a candidate at an election, unless subsection (2) or subsection (4) applies.

(2)

A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—

(a)

the publication of that advertisement is authorised in writing by the candidate or the candidate’s agent or, in the case of an advertisement relating to more than 1 candidate, the candidates or an agent acting for all of those candidates; and

(b)

the advertisement contains a statement setting out the true name of the person or persons for whom or at whose direction it is published and the address of his or her place of residence or business.

(3)

A candidate is not responsible for an act committed by an agent without the consent or connivance of the candidate.

(4)

A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—

(a)

the publication of the advertisement is endorsed by an organisation or body representing residents or ratepayers in the community or district in which the advertisement is published; and

(b)

the advertisement contains a statement setting out—

(i)

the true name of the person or persons for whom or at whose direction it is published and the address of his or her residence or place of business; and

(ii)

the true name of the organisation or body that has endorsed the publication of the advertisement and the address of the place of business of that organisation or body.

(5)

This section does not restrict the publication of any news or comments relating to an election in a newspaper or other periodical, or on the Internet, or in any other medium of electronic communication accessible by the public, or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989.

(6)

A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $1,000.

Compare: 1993 No 87 s 221

Section 113(6): inserted, on 29 June 2013, by section 37 of the Local Electoral Amendment Act 2013 (2013 No 40).