Electoral Amendment Act 2009

9 New section 221B inserted
  • The following section is inserted after section 221A:

    221B Display of advertisement of a specified kind
    • (1) During the period beginning 2 months before polling day and ending with the close of the day before polling day, the display of an advertisement of a specified kind is not subject to—

      • (a) any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that applies in relation to the period when an advertisement of a specified kind may be displayed; or

      • (b) any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation to the content or language used in an advertisement of a specified kind.

      (2) In this section, advertisement of a specified kind means an advertisement displayed in a public place or on private property that does not exceed 3 square metres in size and that—

      • (a) encourages or persuades, or appears to encourage or persuade, voters to vote for a party registered under Part 4; or

      • (b) is used, or appears to be used, to promote or procure the election of a candidate; but

      • (c) does not include—

        • (i) an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or

        • (ii) an advertisement broadcast by any television station or by any electronic means of communication.

      (3) Nothing in this section limits or prevents the display before polling day of any advertisement relating to an election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local authority.

      Compare: 1993 No 87 s 221B (pre-20 December 2007).