1.1 Introduction

Both Part 6 of the Broadcasting Act 1989 and electoral laws govern how and when political parties, electorate candidates, and third party promoters can use radio and television advertising in election campaigns. Election programmes can only be broadcast on radio and television between 26 October (writ day) and 25 November 2011 (the day before polling day).

Registered parties may only use money allocated by the Electoral Commission to broadcast election programmes, together with any free time allocated for party opening addresses and closing addresses.

Parties (registered and unregistered) not allocated funds may only use radio and television to promote their electorate candidates. A candidate cannot share their radio or television advertising with another candidate or candidates.

1.2 Allocation process

Registered parties can apply to the Electoral Commission for consideration for an allocation of money to broadcast election programmes, and for free time for opening and closing addresses provided by Television New Zealand and Radio New Zealand. There is no allocation for a by-election, nor directly to electorate candidates.

All parties who consider themselves eligible for an allocation must notify the Electoral Commission before 17 March 2011. A party is only eligible for the broadcasting allocation if:

• the party is registered on the Register of Political Parties on 20 October 2011 (the time of the dissolution of Parliament), and
• the party has given notice to the Electoral Commission that the party considers itself to be qualified for an allocation by 17 March 2011.

The Broadcasting Act sets the criteria the Commission must consider in making an allocation. The final allocation is made after the dissolution of Parliament. Allocations may be varied later in certain circumstances.

A component party of an umbrella party may apply but cannot receive an allocation if the umbrella party does.

The process summarised below is set out in Part 6 of the Broadcasting Act 1989.

1.3 Allocation Timetable

The allocation timetable for the 2011 General Election is:

1.4 Factors the Electoral Commission must consider

• the number of persons who voted at the preceding general election for a party and its candidates;
• the number of persons who voted at any by-election held since the preceding general election for any candidate for the party;
• the number of members of Parliament who were members of a political party immediately before the expiration or dissolution of Parliament;
• any relationships that exist between one political party and another party;
• any other indications of public support for a political party such as the results of opinion polls and the number of persons who are members of the party;
• the need to provide a fair opportunity for each registered political party to convey its policies to the public by the broadcasting of election programmes on television.

1.5 Available time and money

Television New Zealand and Radio New Zealand are asked by the Electoral Commission to advise how much free time they will give for the broadcast of parties’ campaign opening addresses and closing addresses.

For 2011, each broadcaster has offered a total of 72 minutes for opening addresses and 60 minutes for closing addresses.

Minister of Justice advises the Electoral Commission of how much money is available for the broadcasting of election programmes, which has to be the same amount as for the previous election unless Parliament changes it.

The amount available in 2011 is $3,283,250 (incl GST). The broadcasting allocation decision for the 2011 General Election is available at www.elections.org.nz

1.6 Broadcasting limited to allocation

It is illegal for a party to spend its own funds on buying radio or television time for party advertising whether or not it is eligible for or has received an allocation. A party is permitted to spend its own funds on production costs.

An election programme relating to an electorate candidate may be funded from a party’s broadcasting allocation or the candidate’s own campaign funds.

It is an offence for anyone (including a broadcaster) to arrange for a party’s election programme to be broadcast in contravention of Part 6 of the Broadcasting Act.

For further information on the advertising rules that apply to broadcasting election programmes see Part 4.

1.7 Broadcasting of referendum advertisements

The Electoral Referendum Act and the Broadcasting Act do not restrict the broadcasting of referendum advertisements. However, parties and candidates would need to carefully consider whether any broadcasting that they undertake about the referendum falls under the definition of ‘election programme’ for the purposes of the Broadcasting Act.

An ‘election programme’ is defined as “a programme that—

(a) Encourages or persuades or appears to encourage or persuade voters to vote for a political party or the election of any person at an election; or

(b) Encourages or persuades or appears to encourage or persuade voters not to vote for a political party or the election of any person at an election; or

(c) Advocates support for a candidate or for a political party; or

(d) Opposes a candidate or a political party; or

(e) Notifies meetings held or to be held in connection with an election”.

It includes “visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text.”

The Electoral Commission advises that you should assume that a referendum advertisement promoted by a party will be an ‘election programme’. If so, it can only be broadcast between 26 October 2011 (writ day) and 25 November 2011 (day before polling day), and will be subject to the rules for broadcast of election programmes, including the prohibition on spending your own money.

Please see Part 6 for further information on broadcasting of referendum advertisements. Appendix D provides a summary of the broadcasting rules applying to parties.

If you are not sure whether a referendum advertisement is an election programme, you can seek the view of the Electoral Commission.