Electoral Referendum Act 2010

  • repealed
  • Electoral Referendum Act 2010: repealed, on 11 June 2012 (being on the close of the day that is 6 months after the date on which the result of the referendum was declared), by section 5(1).
31 Meaning of referendum advertisement
  • (1) In this Part, referendum advertisement means an advertisement in any medium that—

    • (a) may reasonably be regarded as encouraging or persuading voters—

      • (i) to vote in a particular way in the referendum; or

      • (ii) not to vote in a particular way in the referendum; and

    • (b) is published at any time from the date of the commencement of this Act until the close of the day before polling day.

    (2) However, none of the following is a referendum advertisement:

    • (a) an advertisement that—

      • (i) is published, or caused or permitted to be published, by the Electoral Commission, the Chief Registrar of Electors, 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 the general election or the referendum; 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) the editorial content of—

      • (i) a periodical:

      • (ii) a radio or television programme:

      • (iii) a publication on a news media Internet site:

    • (c) statements that do not promote, or could not reasonably be regarded as promoting, a particular option for the question in Part A or the question in Part B of the referendum voting paper:

    • (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.

    (3) In this section, periodical means a newspaper, magazine, or trade or professional journal that—

    • (a) was established for purposes unrelated to the conduct of the referendum; and

    • (b) since its establishment has been—

      • (i) published at regular intervals; and

      • (ii) generally available to members of the public.