3.1 Introduction

There are detailed rules in the electoral legislation on what you can and cannot do when campaigning in the election. One of the key points you need to know is that campaigning on polling day is a criminal offence.

This part of the booklet explains the rules in some detail. Appendix C contains a ‘Quick Guide’ to what you can and cannot do. 

Part 4 explains your obligations concerning election expenses and donations.

3.2 Election advertising

Expenditure limits

A candidate’s election expenses during the regulated period for a by-election must not exceed $50,000 (including GST). It is a serious offence to spend more than this.

The regulated period for a by-election runs from the day after the notice of the vacancy for the by-election is published in the Gazette until the close of the day before polling day.

Not all campaign expenses are counted as election expenses. Election expenses are the costs associated with election advertisements. (See Part 4 for more information on what are election expenses).

Election advertisements

An election advertisement is an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to:

• vote or not to vote for a constituency candidate (whether or not the name of the candidate is stated)
• vote or not to vote for a party (whether or not the name of the party is stated)
• vote or not to vote for a type of candidate or party described by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate or party are stated).

Election advertisements that may reasonably be regarded as encouraging or persuading voters to vote, or not to vote, for a constituency candidate (whether or not the name of the candidate is stated) are called candidate advertisements. Advertisements that promote your candidacy at a by-election will be candidate advertisements.

What is not an election advertisement

The legislation makes it clear that the following are not election advertisements: 

• editorial content
• personal political views online
• a Member of Parliament’s contact details.

Editorial content

There is an exemption for the editorial content of a periodical, a radio or television programme, or news media Internet site. Editorial content includes any part of the publication except advertising or advertorials. A periodical is a newspaper, magazine, or journal established for purposes unrelated to the election, that has been published at regular intervals and that is available to the public. 

Personal political views online

There is an exemption for the publication of personal political views by an individual on the Internet or other electronic medium, provided the individual does not make or receive payment for publishing those views. So for example, if a candidate posts a blog or responds to another person’s blog site, as long as he or she is expressing personal political views, this will be exempt. 

Member of Parliament’s contact details

There is also an exemption for the publication by members of Parliament of contact information. For the exemption to apply to contact information published within the regulated period it must: 

• be published by the member in the course of performing his or her duties as a member of Parliament,
• have been funded by the Parliamentary Service,
• have been routinely published in the same medium, no more often, and to no greater extent than, and in the same form and style as it was published before the regulated period, and
• not be combined or associated with an election advertisement.

• the member’s name,
• the member’s contact details which can be a telephone number, physical or postal address, and/or e-mail address, and
• the name of the electoral district that they represent or the fact that they are a list member.

The contact information may also include one or more of the following:

• a photo of the member,
• a party name,
• a party logo,
• the member’s constituency clinic times,
• the website address for the member or the member’s party.

A member of Parliament standing as a candidate in a by-election may need to seek advice from the Electoral Commission on whether other publications or signage funded by Vote Parliamentary Service are election advertisements.

Requesting an advisory opinion from the Electoral Commission

You can ask the Electoral Commission for advice on whether, in its opinion, an advertisement constitutes an ‘election advertisement’ under the law. The advisory opinion will be provided as soon as is reasonably practicable. An advisory opinion is the Electoral Commission’s interpretation of the law and how it intends to apply the law in respect of the proposed advertisement. It is not a ruling that provides a defence from prosecution. The Commission’s view is that relying in good faith on an advisory opinion is likely to be relevant to determining whether a person had acted wilfully or taken all reasonable steps to ensure an offence was not committed but that, of course, would be a matter for the Courts to determine.

To request an opinion, you will need to provide the Commission with a copy of the advertisement and any relevant background information such as the details of when and how it is to be published. 

The Commission will treat the proposed advertisement, any supporting material, and the advice given to the requestor as confidential until the day after the day for the return of the writ for the election. Advisory opinions will then be made available on request, subject to the Official information Act 1982. This does not prohibit the requestor from releasing the advice at any time.

All election advertising must contain a promoter statement

All election advertisements irrespective of when they are published must state the name and address of the person that has initiated or instigated it (‘the promoter’). 

The requirement for a promoter statement applies to all forms of election advertising in any medium. If the election advertisement is published in visual form, the promoter statement must be clearly displayed in the advertisement. If the election advertisement is published only in an audible form, the promoter statement must be no less audible than the other content of the advertisement.

The promoter statement requirement applies to election advertisements published in New Zealand even if the promoter is outside of New Zealand or election advertisements published outside of New Zealand where the promoter is in New Zealand.

Election advertisements promoted by candidates (and parties)

Candidate advertisements promoted by you need to include your name and address. The address can be the full street address of either the place where you usually live or any other place where you can usually be contacted between the hours of 9am and 5pm on any working day. A Post Office box or website address is insufficient.

To avoid complaints, the following format for promoter statements is recommended:

“Promoted by/Authorised by [candidate name], [candidate’s relevant full street address]”.

Advertising undertaken by your party in relation to a by-election that may reasonably be regarded as promoting your candidacy will require your written authorisation and disclosure in your election expense return. Election advertisements promoted by your party must include the party secretary’s name and address in the promoter statement.

Election advertisements promoted by third parties

Third parties (persons or groups other than candidates and parties or persons involved in the administration of the affairs of a candidate or party) can promote candidate advertisements in a by-election but certain rules apply, including: 

• A promoter statement must be included on all third party election advertising so that the public can see who is responsible for the advertisement.
• Where an election advertisement is promoted by a third party they will need to register as a promoter with the Electoral Commission if they spend more than $12,000 on election advertisements during the regulated period for the by-election. 
• Advertisements promoting your candidacy published by third parties must have your written authorisation. 
• The costs of any third party advertisements published during the regulated period that you have authorised will count towards your candidate election expenses and will need to be disclosed in your return of by-election expenses and donations (see Part 4) as well as counting towards the third party’s advertising expenses. You will need to obtain information from the third party about costs incurred. 

For further information about the rules concerning advertising by third parties see the Electoral Commission’s publication ‘Third Party Handbook - 2011 General Election and Referendum’. 

Radio or television advertising

There are separate rules applying to radio or television advertising as distinct from other forms of advertising. Electorate candidates may advertise on radio or television to promote their election as an electorate candidate.  The cost of a broadcast advertisement is an election expense of the candidate. Candidates cannot share television or radio advertising with another candidate or candidates. Candidates may include information about the party they represent and its policies, for the purpose of promoting their own election.  But they cannot attack the policies of other parties or candidates.

“Tick Joe Bloggs, your Y Party candidate for Wellington Central.”

Candidate advertisements may only be broadcast on television or radio within the period beginning with writ day and ending with the close of the day before polling day.

Press advertising

Advertising in forms other than radio or television can promote a candidate; other party policies or attack another candidate and their party’s policies.

Expenditure on press advertising and other forms of promotion such as hoardings are election expenses. 

Electoral signs

Local authorities are responsible for regulating when, where and how signs, including election signs can be displayed. Candidates and parties should consult with their local authority about the rules in their area before putting up any election signs.

The Electoral Act 1993 allows for election signs up to three square metres in size to be put up in the two months before election day. This provision overrides any local authority rules about size and timing of the display of signs.

Any local authority rules about things like application procedures and the location and density of signs still apply. Larger signs may be put up if local authority rules allow. Signs may be put up earlier if local authority rules allow.

You must not pay an elector of a district for providing a place to exhibit a sign or hoarding in that district unless it is in the course of the elector’s business.

It is an offence under the Electoral Act to display election signs on election day. There is no other restriction in the Act on when electoral signs may be displayed.

Using schoolrooms for election meetings

Candidates are entitled to hold election meetings in public schoolrooms free of charge (apart from the cost of lighting, cleaning and repairing any damage). Three days notice must be given to the governing body of the school. Applications must be granted on a “first come first served” basis.

3.3 Polling day activities

Campaigning on polling day is a criminal offence

Any activities (including advertising) promoting the election of a candidate are prohibited on polling day and are a criminal offence.  The full list of prohibited activities is set out in section 197 of the Electoral Act 1993, which effectively prohibits anything that can be said to interfere with or influence voters, including processions, speeches or public statements. You should be particularly careful to avoid any grounds for complaints against you.  Apparent breaches of the law are reviewed by the Electoral Commission and where appropriate referred to the New Zealand Police. Electoral Commission staff or the Returning Officer are happy to discuss any interpretation difficulties you face in respect of this prohibition.

Before polling day you must remove or cover all your election advertising that can be seen from a public place.  Returning Officers are authorised to remove or cover advertising and charge the costs to the persons responsible.

Signs on vehicles, including bumper stickers, must be covered or removed. T-shirts and flags featuring party or candidate names, emblems, slogans or logos cannot be displayed on election day. For this reason, the distribution of candidate bumper stickers, t-shirts or flags is not recommended. Once distributed, you cannot be sure that they will not continue to be displayed on polling day. You could expose your supporters to the risk of inadvertently committing an offence.

Delivery of election material prohibited

You must not deliver election material through the post or directly to mailboxes on polling day. To avoid breaches, NZ Post will not accept mail for delivery after the Thursday in the week before polling day.  To reduce the risk of postal delivery on election day candidates should also ensure that any mail is clearly identifiable as being by-election related. If you hand-deliver election material directly to mailboxes on the Friday before polling day, you can expect complaints by voters who think the material arrived on polling day. Those complaints will be reviewed by the Electoral Commission and where appropriate referred to the New Zealand Police.

Contacting voters

You may wish to offer voters assistance to get to the polling place. You are entitled to contact potential voters on polling day for that purpose. But you are not allowed to say or do anything that encourages them to vote for you.

Websites

Election material does not have to be removed from a website on polling day, so long as the material on the site is only made available to people who voluntarily access it. New material must not be posted on the website on polling day. Advertisements promoting the website must not be published on polling day.

Party lapel badges

You and your supporters may wear party lapel badges in public on polling day. A party lapel badge is a badge or rosette designed to be worn on the lapel and bearing the party’s name, emblem, slogan or logo. Do not display the lapel badge on vehicles or in other places on polling day. Do not show your name on the lapel badge.

Clothing promoting the candidate

Clothing (such as t-shirts) promoting the candidate must not be displayed on polling day.

Streamers, rosettes, ribbons etc

Streamers, rosettes, ribbons and similar items in party colours may be displayed on polling day but only on people or vehicles and must not contain party names, emblems slogans, logos or your name.

Presence in polling places

Candidates may only enter a polling place to vote. After voting, they must leave. Candidates should not enter a polling place to interact with scrutineers. If a candidate wishes to be filmed or photographed voting, they must have the approval of the Returning Officer. Approval will be given on condition that:

• the filming or photographing does not disrupt the polling place, and 
• no interviews are given in the polling place or in the area around it. 

Parties and candidates are asked to exercise restraint in the vicinity of polling places to avoid complaints.

3.4 Advance voting

Advance voting for those who are unable to get to a polling place on polling day will be available from 17 days before polling day up to the day before polling day. The prohibitions applying to electioneering on polling day do not apply during the advance voting period. However, candidates are asked to exercise restraint in the vicinity of advance voting facilities to avoid complaints. (Locations will be published on www.elections.org.nz.)

3.5 Contacts with public servants

Public servants serve the government of the day. In order to maintain the confidence of successive governments, they must act and be seen to act apolitically. Therefore, public servants, whether in national, regional or local offices, must not comment on:

• party political matters, or
• the merits of government policy, or
• alternatives to government policy.

If you have questions on these matters you should address them to Ministers.

You, like any other member of the public, may get information from public servants under the Official Information Act.

You can get more detailed information on contact with public servants from the State Services Commission’s website: www.ssc.govt.nz.

3.6 Treating

Treating is the provision of food, drink, and entertainment to persons with the intention of corruptly influencing their vote and is a criminal offence. (Refer to section 217 of the Electoral Act for a full description.)

• you lose your seat if you have been elected,
• you are not eligible to register as an elector for 3 years, and
• you may be sentenced to two years in prison and a $40,000 fine.

The Electoral Act states that the provision of a light supper after an election meeting does not constitute the offence of treating. The provision of a cup of tea or coffee and a light snack after a campaign meeting, therefore, is not an offence.

You should be cautious about providing refreshments that do not clearly fall within the above exception to avoid complaints being made during the election campaign that you have breached the treating provisions.

3.7 Imitation ballot papers

Do not print or distribute, on polling day or after midnight on the Tuesday before polling day, anything which imitates a ballot paper (or part of a ballot paper) to be used at the election and which contains any direction or matter likely to influence a voter. Do not print or distribute on polling day any card or paper showing the candidates even if it is not an imitation of a ballot paper.

In the past the issue has arisen as to whether election advertising in newspapers offends the legislative provision against imitation ballot papers. Whilst each case depends on its facts the use in an advertisement of a tick against a candidate name does not, of itself, offend the provision.