Electoral Act 1993

If you need more information about this Act, please contact the administering agency: Ministry of Justice
199A Publishing false statements to influence voters


A person is guilty of a corrupt practice if the person, with the intention of influencing the vote of an elector,—


first publishes or republishes a statement, during the specified period, that the person knows is false in a material particular; or


arranges for the first publication or republication of a statement, during the specified period, that the person knows is false in a material particular.


Subsection (1) does not apply if—


the statement was first published before the specified period and remains available or accessible within all or part of the specified period; but


the person did not, during the specified period, by any means,—


advertise or draw attention to the statement; or


promote or encourage any person to access the statement.


In this section,—

publish, in relation to a statement, means to bring to the notice of a person in any manner,—


including by—


displaying on any medium:


distributing by any means:


delivering to an address:


leaving at a place:


sending by post or otherwise:


printing in a newspaper or other periodical:


broadcasting by any means:


disseminating by means of the Internet or any other electronic medium:


storing electronically in a way that is accessible to the public:


incorporating in a device for use with a computer:


inserting in a film or video; but


excluding addressing 1 or more persons face to face

specified period means the period—


beginning 2 days immediately before polling day; and


ending with the close of the poll.

Section 199A: replaced, on 21 March 2017, by section 98 of the Electoral Amendment Act 2017 (2017 No 9).