Electoral (Advertisements of a Specified Kind) Regulations 2005

Reprint as at 23 June 2017

Coat of Arms of New Zealand

Electoral (Advertisements of a Specified Kind) Regulations 2005

(SR 2005/147)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 7th day of June 2005

Present:
The Right Hon Helen Clark presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by 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.

Regulations

1 Title

These regulations are the Electoral (Advertisements of a Specified Kind) Regulations 2005.

2 Commencement

These regulations come into force on 13 June 2005.

3 Interpretation

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.

4 Application

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 9 weeks 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.

Regulation 4(b): amended, on 23 June 2017, by regulation 4 of the Electoral (Advertisements of a Specified Kind) Amendment Regulations 2017 (LI 2017/84).

5 Use of reflective material or illumination

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.

6 Shape and colour of advertisement of a specified kind

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.

7 Advertisement of a specified kind not to have moving parts

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.

8 Size of lettering and line spacing

(1)

On any road controlled by the New Zealand Transport Agency 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 the New Zealand Transport Agency 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 promoter statement required by section 204F of the Electoral Act 1993 to be included in the advertisement:

(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.

Regulation 8(1): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Regulation 8(2): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Regulation 8(3)(b): substituted, on 1 January 2011, by section 43 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 9 June 2005.

Reprints notes
1 General

This is a reprint of the Electoral (Advertisements of a Specified Kind) Regulations 2005 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Electoral (Advertisements of a Specified Kind) Amendment Regulations 2017 (LI 2017/84)

Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137): section 43

Land Transport Management Amendment Act 2008 (2008 No 47): section 50(2)