Electoral Amendment Act 2009

13 New sections 267A and 267B inserted
  • The following sections are inserted after section 267:

    267A Regulations relating to advertisement of a specified kind
    • (1) The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations regulating—

      • (a) all or any of the following matters in relation to an advertisement of a specified kind:

        • (i) design:

        • (ii) layout:

        • (iii) shape:

        • (iv) colour:

      • (b) the procedures to be followed by any person before displaying an advertisement of a specified kind.

      (2) Regulations made under subsection (1)(a)—

      • (a) may be made only for the purpose of ensuring that an advertisement of a specified kind does not endanger the safety of road users; and

      • (b) apply only during the period beginning 2 months before polling day and ending with the close of the day before polling day.

      (3) Regulations made under subsection (1) may—

      • (a) impose different requirements for an advertisement of a specified kind depending on how it is published:

      • (b) override or modify any other enactment and any bylaw or other instrument.

      (4) In this section, advertisement of a specified kind has the same meaning as in section 221B(2).

      (5) This section is subject to section 267B.

      Compare: 1993 No 87 s 267A (pre-20 December 2007)

    267B Requirements before Minister can recommend that regulations be made
    • (1) The Minister may not recommend the making of any regulations under section 267A(1)(a) unless—

      • (a) the Minister has consulted with the Minister who is for the time being responsible for the administration of the Land Transport Act 1998; and

      • (b) the Minister is satisfied that the regulations do not restrict the rights of candidates and political parties any more than is reasonably necessary to ensure that an advertisement of a specified kind does not endanger the safety of road users; and

      • (c) the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and

      • (d) the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament.

      (2) The Minister may not recommend the making of any regulations under section 267A(1)(b) unless—

      • (a) the Minister has consulted with the Minister of Local Government; and

      • (b) the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and

      • (c) the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament.

      Compare: 1993 No 87 s 267B (pre-20 December 2007).