New Zealand Legislation: Regulations
Regulations are laws made under Acts
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These regulations are administered in the Ministry of Justice.
Pursuant to section 267A of the Electoral Act 1993, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Justice whose recommendation has been made—
(a) after consultation on regulations 5 to 8 with the Minister who is for the time being responsible for the administration of the Land Transport Act 1998; and
(b) after being satisfied that—
(i) regulations 5 to 8 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
(ii) the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and
(iii) the members of Parliament of the political parties whose parliamentary leaders agree with the recommendation comprise at least 75% of all members of Parliament makes the following regulations.
These regulations are the Electoral (Advertisements of a Specified Kind) Regulations 2005.
These regulations come into force on 13 June 2005.
In these regulations, unless the context otherwise requires,—
advertisement of a specified kind means an advertisement displayed in a public place or on private property that does not exceed 3 m2 in size and that—
(a) encourages or persuades or appears to encourage or persuade voters to vote for a party registered under Part 4 of the Electoral Act 1993; or
(b) is used or appears to be used to promote or procure the election of a constituency candidate; but
(c) does not include—
(i) an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 cm2 in size; or
(ii) an advertisement broadcast over any television station or by any electronic means of communication
reflective material means any material or surface that tends to reflect a beam of light parallel to the path of the beam and in an opposite direction to that path
traffic sign means a traffic control device within the meaning of Part 2 of Land Transport Rule 54002: Traffic Control Devices 2004.
For the avoidance of doubt,—
(a) these regulations apply only to advertisements of a specified kind:
(b) regulations 5 to 8 apply only during the period beginning 2 months before polling day and ending with the close of the day before polling day:
(c) nothing in these regulations limits or prevents the display before polling day of any advertisement relating to an election that complies with all applicable prohibitions or restrictions imposed in any enactment or bylaw, or imposed by any local authority:
(d) these regulations do not override the provisions of the Electoral Act 1993, but do override the provisions of any other enactment or bylaw, or any other instrument, that is inconsistent with these regulations.
An advertisement of a specified kind that is erected on any road or in any place visible from a road must not—
(a) be made of, or have affixed to it, any reflective material that is likely to reflect the light from the headlights of any approaching vehicle:
(b) be internally illuminated by any means:
(c) be externally illuminated by any artificial lighting that is designed specifically to illuminate the advertisement.
An advertisement of a specified kind may not be erected on any road or in any place visible from a road if the advertisement of a specified kind—
(a) is similar to or the same as any traffic sign in its shape and colour; and
(b) is liable to be mistaken for a traffic sign.
An advertisement of a specified kind that is erected on any road or in any place visible from a road must not—
(a) have information displayed by means of a flashing or revolving mechanism:
(b) have, or have affixed to it, any moveable part that is intended to draw attention to the advertisement of a specified kind.
(1) On any road controlled by Transit New Zealand the lettering on an advertisement of a specified kind must be not less than—
(a) 120 mm in height where the advertisement of a specified kind is erected on any road, or in any place visible from a road, that has a speed limit of less than 70 km per hour:
(b) 160 mm in height where the advertisement of a specified kind is erected on any road, or in any place visible from a road, that has a speed limit of 70 km per hour or more.
(2) On any road controlled by Transit New Zealand the spacing between lines of text on an advertisement of a specified kind that is erected on any road or in any place visible from a road must be not less than 50 mm.
(3) Subclauses (1) and (2) do not apply to—
(a) the lettering on any party logo displayed in an advertisement if that logo has been registered by the Electoral Commission under section 67A of the Electoral Act 1993:
(b) the statement required by section 221 of the Electoral Act 1993 to be included in an advertisement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business:
(c) an advertisement of a specified kind that is published in the form of a poster that is less than 1 500 cm2 in size.
Diane Morcom,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 13 June 2005, regulate the shape, colour, design, and layout of an advertisement of a specified kind. Pursuant to section 221B of the Electoral Act 1993, an advertisement of a specified kind may be displayed during the period beginning 2 months before polling day and ending with the close of the day before polling day without being subject to—
•any prohibition or restriction imposed in any enactment other than the Electoral Act 1993, or in any 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
•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.
An advertisement of a specified kind means an advertisement displayed in a public place or on private property that does not exceed 3 m2 in size and that encourages or persuades or appears to encourage or persuade voters to vote for a party, or that is used or appears to be used to promote or procure the election of a constituency candidate. It does not, however, include an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 cm2 in size, or an advertisement broadcast over any television station or by any electronic means of communication.
These regulations do not limit or affect any prohibition or restriction imposed in any enactment or in any bylaw, or imposed by any local authority, that applies in relation to—
•the location for the display of an advertisement of a specified kind; or
•the number of advertisements of a specified kind that may be displayed in a particular location; or
•the procedures to be followed by any person before displaying an advertisement of a specified kind.
Further, these regulations do not affect or limit the requirement in section 221 of the Electoral Act 1993 that an advertisement contain a statement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business.
Date of notification in Gazette: 9 June 2005.
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