3.1 Introduction

You must register as a registered promoter with the Electoral Commission if you intend to spend more than $12,000 (including GST) on:

• election advertisements,
• referendum advertisements, or
• advertisements that are both election advertisements and referendum advertisements,

published during the regulated period, which begins on 26 August 2011 and ends on 25 November 2011.

There is no deadline for registration to be a promoter, other than promoters need to register before spending more than $12,000 (including GST) on election or referendum advertisements during the regulated period.

The Electoral Commission has a single register for registered promoters but the register specifies whether a promoter is registered to promote election advertisements, referendum advertisements or both. A promoter who only intends to promote election advertisements need only register to be a registered promoter in connection with the general election. The same applies to promoters who intend to only promote referendum advertisements. Promoters who are likely to promote both election and referendum advertisements should register for both purposes.

3.2 Registration process

Registration must be:

• on form M41-Prom Reg (see Appendix B), and
• lodged with the Electoral Commission.

There is no fee payable to register as a promoter with the Electoral Commission.

Applying as an individual

If the promoter is an individual the application should be made by the person who wants to be registered as a promoter.

The promoter must provide their contact details including their street address, which will appear in the register. This means the full street address of the place where the promoter usually lives, or the full street address of any other place where the promoter can usually be contacted between the hours of 9am and 5pm on any working day. A Post Office box or website address is insufficient.

Applying on behalf of a group

For a body corporate or unincorporated body the name of the group and the individual who is authorised to apply to register the promoter will appear on the register. The full street address of the group’s principal place of business, or the full street address of the body’s head office must also be provided for inclusion on the register.

If the promoter is a company then the application must be accompanied by evidence documenting that the person is duly authorised by the board of directors to make the application, such as a letter signed by one or more directors.

Where the promoter is neither an individual nor a company the application must state the names of the persons occupying a position in the body that is comparable with that of a director of a company. If the promoter is a trust, you need to provide the names of the trustees. The names of these persons are included on the public register to enable the public to see who is responsible for the body that is promoting the advertising.

Registration by the Electoral Commission

The Electoral Commission will not register a promoter whose name is indecent or offensive, likely to cause confusion or likely to mislead electors.

The applicant will be notified in writing, as soon as is reasonably practicable, either of the date of registration or of the reasons for refusal.

Register of promoters

Promoters registered with the Electoral Commission are arranged in order of the date on which their application was processed by the Commission. The Register is available for inspection at the Electoral Commission’s offices and at www.elections.org.nz

Any change in a registered promoter’s details as shown on the Register must be notified to the Electoral Commission within 10 working days of the change.

3.3 Cancellation of registration

A promoter can cancel their registration if they have not incurred more than $12,000 (including GST) on:

• election expenses in relation to election advertisements,
• referendum expenses in relation to referendum advertisements, or
• expenses in relation to combined election and referendum advertisements.

To withdraw the registration promoters must:

• complete form M41-Prom Can (obtainable from www.elections.org.nz)
• return the signed form to the Electoral Commission.

The Electoral Commission will cancel the registration of a promoter who is not eligible to be registered or if the promoter requests the cancellation and the promoter has not spent more than the $12,000 registration threshold on election or referendum advertising expenses during the regulated period. The Commission will give the promoter written confirmation of the cancellation.

A registered promoter’s registration for the 2011 General Election will expire on 26 November 2011 (the close of polling day).

A registered promoter’s registration for the referendum will expire on 10 June 2012 (6 months after the referendum results are declared), unless there is a successful petition in which case it will be 6 months after the date on which the result of any fresh referendum is declared.