New Zealand--2011 Global FDA Electoral Fairness Audit Report

2011 FDA Electoral Fairness Audit of New
Zealand's Parliamentary Electoral System

Executive Summary: New Zealand received an overall score of 54.75 percent for
electoral fairness. The score means that New Zealand's constitutional and legislative
basis for its democracy is unacceptable. Despite many elements of fairness such as the
distribution of public electoral monies based on popular support and proportional
electoral mechanisms, New Zealand has extreme unfairness in laws and regulations on
the media's and broadcaster's political content. Private media and broadcasters have no
restrictions on their political content, and the state broadcaster (TVNZ) and radio (RNZ)
were privatized on July 12th, 2011. The political content issue impacted negatively the
other electoral fairness sections. New Zealand needs to progress beyond unrestricted
freedom of the media to restrictions on the freedom of the media in order to promote
democratic plurality (like in France) and complete and balanced electoral coverage (like
in Venezuela).

Electoral Fairness Audit Completed August 5, 2011

About the Foundation for Democratic Advancement:

The Foundation for Democratic Advancement ("FDA")'s mission is to advance fair and
transparent democratic processes wherever elections occur. The FDA believes that fairer
electoral systems and a more informed public will help ensure the election of candidates who
truly represent the will of the people. The FDA fulfills its mission by performing detailed
electoral audits on political candidates and parties to inform the public, objectively and
impartially, about their electoral choices. Also, the FDA audits electoral legislation in terms of
fairness and equity, and conducts ground level assessments of democratic processes. (For more
information on the FDA visit: www.democracychange.com)

Purpose of Electoral Fairness Audit:

The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade and
ranking for electoral fairness in New Zealand at the parliamentary level of government. (This
Audit is part of the FDA’s global audit of electoral fairness involving all countries which hold
political elections.)

This non-partisan, independent determination aims to give the citizens of New Zealand an
informed, objective perspective of the fairness of the New Zealander parliamentary electoral
system. The views in this electoral fairness audit are the views of the FDA only.

The FDA’s members and volunteers are in no way affiliated with the New Zealand Electoral
Commission or any of the New Zealander registered/non-registered political parties.

The Audit is an independent assessment based on objectivity, transparency and non-partisanship.
The FDA assumes no responsibility or liability for any errors in the calculation of its audit results
or inaccuracies in its research of relevant New Zealander legislation.

Methodology of the Electoral Fairness Audit:

The FDA focuses on four key areas of electoral fairness:

1) Laws and regulations on the political content of media including newspapers, broadcasters and
online media before, during, and after elections;

2) Laws and regulations on the equality of candidates’ and parties’ influence before, during and
after elections, such as national televised debates, restrictions on candidate nominations, party
registration requirements, etc.;

3) Laws and regulations on electoral finance, such as party and campaign donation limits, third
party spending limits etc.; and

4) Laws and regulations on the equality of voter say before, during, and after an election. The
FDA auditors looked at how New Zealander laws and regulations promote equality of voter say
in the media, at the polling booth, through electoral finance and constitutional laws etc.

Foundation for Democratic Advancement

The FDA decided to audit these four areas of electoral fairness because, in our opinion, they are
often ignored or overlooked by the international community in determining electoral fairness.
Moreover, these four areas cover broad aspects of the electoral process in which fairness could
be compromised significantly.

The FDA acknowledges that electoral laws and regulations may not necessarily correspond to the
implementation of those laws and regulations or the public’s response to them. The
implementation and response could be positive or negative, in terms of electoral fairness.

Nevertheless, laws and regulations provide the foundation for democracy, framework for the
electoral system, and an indication of electoral fairness. Also, a country's constitutional and
electoral laws are part of the reality of its democracy.

A further study which tracks the actions of mainstream media and the enforcement or non-
enforcement of electoral laws and regulation, for example, would provide a more reliable overall
determination of electoral fairness.

The FDA researched current New Zealander legislation, in relation to four areas of electoral
fairness being examined. Following which, the FDA audited the research results via the FDA
electoral audit team and established FDA scoring scales for the four areas of electoral fairness
being audited.

Weighting and Scoring:

Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness and
relevancy.

Each area of electoral fairness has a score range between 0 and 10, and each area is counted
equally. The FDA auditors allow for overlap of electoral fairness areas, due to the
interconnectedness of the areas. For example, electoral finance will be factored into the score for
voter say and candidate and party influence if it is relevant to these areas.

The total averaged score will provide an indication of the electoral fairness in New Zealand .

The FDA electoral audit team deliberated on the research on each area of electoral fairness, and
then attempted to reach consensus on the final score. Where no consensus could be reached, the
individual scores of the team were averaged.

The final score for each area must be supported by more sound reasons and correspond to the
established FDA scoring scale.


FDA Researchers:

Mr. James Cheung, FDA researcher and bachelor degree in Commerce (University of Calgary).
Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science
(University of British Columbia) and Masters degree in Environment and Development
(University of Cambridge).

FDA Electoral Fairness Audit Team:

Chief Electoral Auditor:


Electoral Auditors:

Ms. Lauren Babuik, FDA volunteer, news reporter experience, and 4th year major in International
Relations (University of Calgary).
Mr. Kyle Chisholm, FDA researcher and bachelor degree in sociocultural anthropology
(University of Alberta).
Mr. Antonio Espinoza, FDA technical expert and researcher, bsc in Engineering (San Francisco
Xavier de Chuquisaca), MBA in progress (Private Technological University of Santa Cruz),
computer science engineer, and Bolivian citizen.
Mr. Dale Monette, FDA business development and marketing officer, and bachelor degree in
Commerce (University of Saskatchewan).
Mr. Davood Norooi, FDA researcher, masters degree in Mining Engineer, former employee of
the National Iranian Oil Company, and Iranian citizen.
Mr. Geoff Thiessan, FDA researcher and editor, bachelor degree in English Literature (University
of Calgary), former freelance reporter, and Surface Land Administrator.
Mrs. Liza Valentine, FDA design consultant and researcher, and masters degree in Architecture
(University of Calgary).

Report Writer:



Information Sources:

The following information was consulted and utilized in this audit report:

Bill of Rights Act 1990

Broadcasting Act 1989

Decision of the Electoral Commission on the allocation of time and money to eligible political
parties for the broadcast of election programmes for the 2011 General Election. (May 2011)

Electoral Act 1993

New Zealand Media Law Update, Ursula Cheer (2001, 6, Media & Arts Law Review 317)

New Zealand Press Council: Principles

SavetheNews.org (On the state of New Zealand's public television)

Television New Zealand Act of 2003

Television New Zealand Amendment Bill of 2011

The Electoral Knowledge Network: New Zealand Electoral System

© 2011, Foundation for Democratic Advancement
All rights reserved.
728 Northmount Drive NW
PO Box 94
Calgary, Alberta
Canada, T2K 1P0
info@democracychange.com


Table of Contents:
Political Background on New Zealand 8

Chapter 1: Political Content of Media 9

Executive Summary 9

Research Excerpts 9

Score 16

Rational 16

Chapter 2: Candidate and Party Influence 17

Executive Summary 17

Research Excerpts 17

Score 31

Rational 31

Chapter 3: Electoral Finance 34



Score 43

Rational 43

Chapter 4: Voter Say 45



Score 49

Rational 49

Chapter 5: Overall Audit Results 50

Chapter 6: Analysis 51

Chapter 7: Conclusion 52

Chapter 8: Recommendations 53

Appendix: FDA Global Audit Results 55

Political Background on New Zealand
Like many other Commonwealth nations, New Zealand's political system is marked by some
familiar traits. The official head of state is Queen Elizabeth II, who in this case is represented by
a Governor General. The head of government is the Prime Minister, who, with his cabinet and
the monarchy comprise the executive. The New Zealand Parliament takes on the role of the
legislative body and is unicameral, meaning there is only one house: the House of
Representatives, rather than the more familiar bicameral structure.

New Zealand has what it terms the Constitution Act which broke the nation from reliance on
Great Britain and formally sets out the power of government. Interestingly, it is not entrenched
save for one provision: Section 17, which states that the terms of parliament, unless dissolved
early, are three years from the "return of the writs" issued for the last general election. The
Constitution Act and a collection of other acts, treaties, letters patent and constitutional
conventions form New Zealand's constitution.

Source:
New Zealand Constitution Act 1986

After two referendums in the early 1990s, New Zealand adopted a mixed member proportional
(MMP) voting system in a unicameral Parliament with 120 members.

Foundation for Democratic Advancement Page
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Chapter One: Political Content of Media
Chapter one will focus on the research and audit results of New Zealander laws and regulations
with respect to the political content of media, including newspapers, broadcasters and on-line
media, before, during and after elections.

Executive Summary: New Zealand received a score of 10 percent for fairness of the media's
political content. The score means that New Zealand's laws and regulations on the media's
political content is bordering on complete unfairness. There are no political content restrictions
on New Zealand's media and broadcaster. Also, the New Zealand government privatized the state
broadcaster (TVNZ) and radio (RNZ) on July 12th, 2011. Although there is a New Zealand Press
Council with a code of ethics, the code does not address political pluralism and balanced and fair
electoral coverage. New Zealand's major media and broadcasters have a significant unfair
influence on New Zealand's electoral discourse. Small and new parties, for example, not
connected to major media and broadcasters are at a severe disadvantage to parties which are
connected.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers
made some excerpts bold to emphasize high relevance:

Broadcasting Act 1989:
70 Prohibition on paid election programmes
(1) Except as provided in subsections (2) and (2A), no broadcaster shall permit the broadcasting,
within or outside an election period, of an election programme.
(2) Nothing in subsection (1) applies in respect of—
(a) an opening address or closing address that is broadcast—
(i) for a political party or group of related political parties; and
(ii) by TVNZ or RNZ during time allocated to that political party or group of related political
parties under section 73(1); or
(b) an election programme broadcast for a political party or group of related political parties and
paid for with money allocated to that political party or group of related political parties
under section 74A; or
(c) an election programme—
(i) broadcast for a fee or other consideration; and
(ii) relating solely to 1 named constituency candidate at an election; and
(iii) used or appearing to be used to promote or procure the election of the candidate; and
(iv) broadcast by the candidate or with the candidate's authority within the election period; or

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(d) any advertisement placed by the Electoral Commission or by the Chief Registrar of Electors,
a Registrar of Electors, a Returning Officer, or other official for the purposes of the Electoral Act
1993; or
(e) any non-partisan advertisement broadcast, as a community service, by the broadcaster.
(2A) Nothing in subsection (1) restricts the amount of money that a political party or group of
related political parties may spend on the production costs of an election programme.
(2B) Nothing in this Act derogates from section 214B of the Electoral Act 1993.
(3) Nothing in subsection (1) restricts the broadcasting, in relation to an election, of news or
of comments or of current affairs programmes.
(4) For the purposes of subsection (2)(c)(ii), the term constituency candidate includes a person
who has declared his or her intention of becoming a constituency candidate.

Responsibility of broadcasters for programme standards
• (1) Every broadcaster is responsible for maintaining in its programmes and their
presentation, standards that are consistent with—
• (a) the observance of good taste and decency; and
• (b) the maintenance of law and order; and
• (c) the privacy of the individual; and
• (d) the principle that when controversial issues of public importance are discussed,
reasonable efforts are made, or reasonable opportunities are given, to present
significant points of view either in the same programme or in other programmes
within the period of current interest; and
• (e) any approved code of broadcasting practice applying to the programmes.
(2) Where, in respect of any film within the meaning of the Films, Videos, and
Publications Classification Act 1993,—
• (a) there is in force under that Act a decision classifying that film as objectionable;
or
• (b) there is in force under that Act a decision classifying that film as if certain
excisions had been made,—
no broadcaster,—
• (c) in the case of a film to which paragraph (a) applies, shall broadcast that film or
any part of that film; or
• (d) in the case of a film to which paragraph (b) applies, shall broadcast the film, or
any part of the film, if the film or, as the case may be, that part includes any part
of the film required to be excised,—
except with the consent of the Chief Censor of Film and Literature and subject to any

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conditions subject to which the Chief Censor has given the consent.
(3) No broadcaster shall be under any civil liability in respect of any failure to comply
with any of the provisions of this section.
Compare: 1976 No 132 ss 24(1)(c), (e), (f), (g), (2), (4), 95(1)(c), (e), (f), (g), (2), (5);
1982 No 178 ss 5, 19; 1983 No 130 s 76(2), (3)
Section 4(1): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment
Act 2008 (2008 No 3).
Section 4(2): substituted, on 1 October 1994, by section 150(1) of the Films, Videos, and
Publications Classification Act 1993 (1993 No 94).

Bill of Rights:

Freedom of thought, conscience, and religion
• Everyone has the right to freedom of thought, conscience, religion, and belief, including
the right to adopt and to hold opinions without interference.

Freedom of expression
• Everyone has the right to freedom of expression, including the freedom to seek, receive,
and impart information and opinions of any kind in any form.

New Zealand Press Council Principles:

Statement of Principles
1. Accuracy, Fairness and Balance
Publications should be bound at all times by accuracy, fairness and balance, and
should not deliberately mislead or misinform readers by commission or omission. In
articles of controversy or disagreement, a fair voice must be given to the opposition
view.
Exceptions may apply for long-running issues where every side cannot reasonably be
repeated on every occasion and in reportage of proceedings where balance is to be judged
on a number of stories, rather than a single report.
2. Privacy
Everyone is normally entitled to privacy of person, space and personal information, and
these rights should be respected by publications. Nevertheless the right of privacy should
not interfere with publication of significant matters of public record or public interest.
Publications should exercise particular care and discretion before identifying relatives of
persons convicted or accused of crime where the reference to them is not relevant to the
matter reported.
Those suffering from trauma or grief call for special consideration.
3. Children and Young People
In cases involving children and young people editors must demonstrate an exceptional
public interest to override the interests of the child or young person.
4. Comment and Fact

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A clear distinction should be drawn between factual information and comment or opinion.
An article that is essentially comment or opinion should be clearly presented as such.
Cartoons are understood to be opinion.
5. Headlines and Captions
Headlines, sub-headings, and captions should accurately and fairly convey the substance
or a key element of the report they are designed to cover.
6. Discrimination and Diversity
Issues of gender, religion, minority groups, sexual orientation, age, race, colour or
physical or mental disability are legitimate subjects for discussion where they are relevant
and in the public interest, and publications may report and express opinions in these
areas. Publications should not, however, place gratuitous emphasis on any such category
in their reporting.
7. Confidentiality
Editors have a strong obligation to protect against disclosure of the identity of
confidential sources. They also have a duty to take reasonable steps to satisfy themselves
that such sources are well informed and that the information they provide is reliable. Care
should be taken to ensure both source and publication agrees over what has been meant
by "off-the-record".
8. Subterfuge
The use of deceit and subterfuge can only be condoned in cases when the information
sought is in the public interest and cannot be obtained by any other means.
9. Conflicts of Interest
To fulfil their proper watchdog role, publications must be independent and free of
obligations to their news sources. They should avoid any situations that might
compromise such independence. Where a story is enabled by sponsorship, gift or
financial inducement, that sponsorship, gift or financial inducement should be declared.
Where an author’s link to a subject is deemed to be justified, the relationship of author to
subject should be declared.
10.Photographs and Graphics
Editors should take care in photographic and image selection and treatment. Any
technical manipulation that could mislead readers should be noted and explained.
Photographs showing distressing or shocking situations should be handled with special
consideration for those affected.
11.Corrections
A publication’s willingness to correct errors enhances its credibility and, often, defuses
complaint. Significant errors should be admitted and promptly corrected, giving the
correction fair prominence. In some circumstances it will be appropriate to offer an
apology and a right of reply to an affected person or persons.
Footnotes
1. Letters to the Editor: Selection and treatment of letters for publication are the prerogative
of editors who are to be guided by fairness, balance, and public interest in the
correspondents’ views. Abridgement is acceptable but should not distort meaning.
2. Council adjudications: Editors are obliged to publish with due prominence the substance
of Council adjudications that uphold a complaint.

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3. Public interest is defined as involving a matter capable of affecting the people at large so
that they might be legitimately interested in, or concerned about, what is going on, or
what may happen to them or to others.
4. The following organisations have agreed to abide by these principles and provide
financial support to the Press Council:
Metropolitan Sunday
The New Zealand Herald Herald on Sunday
The Dominion Post Sunday Star-Times
The Press Sunday News
Otago Daily Times Community
Provincial APN Community Newspapers
Ashburton Guardian Fairfax NZ Community Newspapers
Bay of Plenty Times Community Newspaper Association of New
The Daily Post Zealand member newspapers
Dannevirke Evening News Business Weekly
The Gisborne Herald The Independent
The Greymouth Evening Star National Business Review*
Hawkes Bay Today Magazines
Horowhenua Kapiti Chronicle New Zealand Magazines (APN)
Manawatu Standard Fairfax Magazines
The Marlborough Express Magazine Publishers’ Association
The Nelson Mail
The Northern Advocate * Accepts jurisdiction but does not contribute financially
The Oamaru Mail
The Southland Times
Taranaki Daily News
The Timaru Herald
Waikato Times
Wairarapa Times-Age
Wanganui Chronicle
The Westport News
Northern News
The Wairoa Star

SavetheNews.org on New Zeaand public broadcaster:

In 2002, TVNZ’s public service mission was restored via a new charter formalized in the
Television New Zealand Act of 2003 (Dunleavy 2010b: 3). The new public service charter
emphasized four purposes: “the role of building community and citizenship capacity, the call for
quality and integrity, the role of nurturing the creative industries and pushing creative
boundaries, and the provision for a wide range of interests with a special emphasis on neglected
minority interests” (ibid.). Though well-intentioned, this revival of TVNZ’s public service
mandate ultimately failed because it was only supported with minimal public funding ($12-$15
million per year) and because the channel was never relieved of a simultaneous demand to be

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commercially profitable (ibid.: 5; see also Comrie and Fountaine 2005). A new conservative
National Party government, elected in 2009, has signaled its intention to “scrap” the charter and
move all public funds to NZoA, though this policy has not yet been officially legislated (see
Thompson 2009).

Television Act:

Functions of TVNZ
• (1) The functions of TVNZ are to be a successful national television and digital media
company providing a range of content and services on a choice of delivery platforms and
maintaining its commercial performance.
(2) In carrying out its functions, TVNZ must provide high-quality content that—
• (a) is relevant to, and enjoyed and valued by, New Zealand audiences; and
• (b) encompasses both New Zealand and international content and reflects Māori
perspectives.
(3) TVNZ's services must include the provision of channels that are free of charge and
available to audiences throughout New Zealand.
Section 12: substituted, on 23 July 2011, by section 6 of the Television New Zealand
Amendment Act 2011 (2011 No 52).

Shareholding Ministers must not give certain directions
• (1) No shareholding Minister or any other Minister, and no person acting by or on behalf
of or at the direction of a shareholding Minister or any other Minister, may give a
direction to TVNZ or to any of its subsidiaries, or to any director or officer or employee
of TVNZ or of any of its subsidiaries, in respect of—
• (a) any programme or other content; or
• (b) any allegation or complaint relating to a programme or other content; or
• (c) the gathering or presentation of news or the preparation or presentation of any
current affairs programme or content; or
• (d) standards administered under the Broadcasting Act 1989.
(2) No director of TVNZ or of any of its subsidiaries may be removed for any reason
relating to—
• (a) any programme or other content; or
• (b) any allegation or complaint relating to a programme or other content; or
• (c) the gathering or presentation of news or the preparation or presentation of any
current affairs programme or content; or
• (d) the responsibility of TVNZ or any of its subsidiaries for compliance with

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standards administered under the Broadcasting Act 1989.
(2A) This section applies regardless of the type of delivery platform TVNZ uses to
deliver any programmes or other content.
(3) Section 97(g) of the Crown Entities Act 2004 does not apply to TVNZ.
Compare: 1988 No 162 s 7
Section 28(1)(a): substituted, on 23 July 2011, by section 9(1) of the Television New
Zealand Amendment Act 2011 (2011 No 52).
Section 28(1)(b): substituted, on 23 July 2011, by section 9(1) of the Television New
Section 28(1)(c): substituted, on 23 July 2011, by section 9(1) of the Television New
Section 28(1)(d): added, on 23 July 2011, by section 9(1) of the Television New Zealand
Section 28(2)(a): substituted, on 23 July 2011, by section 9(2) of the Television New
Section 28(2)(b): substituted, on 23 July 2011, by section 9(2) of the Television New
Section 28(2)(c): substituted, on 23 July 2011, by section 9(2) of the Television New
Section 28(2)(d): added, on 23 July 2011, by section 9(2) of the Television New Zealand
Section 28(2A): inserted, on 23 July 2011, by section 9(3) of the Television New Zealand
Section 28(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004
(2004 No 115).

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Electoral Fairness Audit Results for Media and Broadcasters:

Score:

The FDA electoral fairness audit team reached consensus on a score of 1/10

Rational for Score:

Private broadcasters have no restrictions on their political content. Private broadcasters
themselves can be partial in their news coverage and analysis.

In the Broadcaster Act, there is no mention of political equality, electoral fairness, fair political
content, impartial political content, pluralistic political content, or complete and balanced
electoral coverage.

There is no limit on major media and broadcasters ownership concentration.

New Zealand press is guided by the principles of the New Zealand Press Council. The Council is
an industry self-regulatory organization. There is a right of reply imposed on members of the
Council if they are found in violation of the Council's principles. There is no mention of
complete and balanced electoral coverage or fair political content in the Council's principles. The
notion of “balance” is used in a narrow manner.

TVNZ charter was extinguished on July 12, 2011, making the public television network subject
to private marketplace for survival. The Conservative government says that TVNZ must make a
profit. The new functions of the TVNZ are to be “to be a successful television and digital media
company providing a range of content and services on a choice of delivery platforms and
maintain its commercial performance.” TVNZ content decisions are independent of shareholder
Ministers or any other Minister.

There is no restrictions on the political content of public broadcasters in terms of news and
analysis.

The score of 10 percent means that New Zealand's laws and regulations on the media's political
content are bordering on complete unfairness. With the privatization of the state broadcaster
(TVNZ) and radio (RNZ), and no restrictions on the political content of private media and
broadcasters, there is no element of fairness in New Zealand's political content laws, except for
unrestricted freedom itself of the media. In this state of nature environment, the largest media
and broadcasters and those political parties connected to them dominate electoral discourse. In
the FDA's opinion, New Zealand's media environment is highly undemocratic, and counter to the
spirit of fair and equal political contests.

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Chapter Two: Candidates’ and Parties’ Influence
Chapter two will focus on the research and audit results of New Zealander laws and regulations
with respect to the equality of candidates and parties’ influence before, during and after
elections.

Executive Summary: New Zealand received a score of 71.25 percent for equality of candidate
and party influence. The score means that New Zealand's laws and regulations on the influence
of candidates and parties are acceptable. Fifty of the parliamentary seats are allocated based on
proportional representation, and the Maori population are guaranteed seven seats. The party
registration requirements are very reasonable (i.e. at least 500 financial members), and the state
electoral monies are divided up based primarily on established popular support. Also, there are
caps on electoral donations and candidate and party expenditures. The FDA deducted 18.75
percent for the unfair advantage some parties have through access and connection to major media
and broadcasters, the lack of equal playing field for registered parties in the two national debates,
and the disclosure of parties finance after the election and the non-disclosure of donations up to
$281,500 between two election periods. The FDA auditors felt that a more democratic way to
distribute state electoral funds is to base it equal presentation, so that parties' platforms would be
emphasized equally rather than their platforms being unevenly presented by how much media
access they have. This point is important in consideration of the lack of restrictions on the
media's political content.

Research Excerpts:


Electoral Act 1993:
Electoral Commission
4C Objective
The objective of the Electoral Commission is to administer the electoral system impartially,
efficiently, effectively, and in a way that—
(a) facilitates participation in parliamentary democracy; and
(b) promotes understanding of the electoral system and associated matters; and
(c) maintains confidence in the administration of the electoral system.

5 Functions
The functions of the Electoral Commission are to—
(a) carry the provisions of this Act (except those of Part 5) into effect:
(b) carry out duties in relation to parliamentary election programmes that are prescribed by Part

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6 of the Broadcasting Act 1989:
(c) promote public awareness of electoral matters by means of the conduct of education and
information programmes or by other means:
(d) consider and report to the Minister or to the House of Representatives on electoral matters
referred to the Electoral Commission by the Minister or the House of Representatives:
(e) make available information to assist parties, candidates, and others to meet their statutory
obligations in respect of electoral matters administered by the Electoral Commission:
(f) carry out any other functions or duties conferred on the Electoral Commission by or under
any other enactment.

6 Powers of Electoral Commission
(1) The Electoral Commission may, if it considers that it is necessary for the proper discharge of
its functions,—
(a) initiate, sponsor, and carry out any studies or research:
(b) make any inquiries:
(c) consult with any persons or classes of persons:
(d) publicise, in any manner that it thinks fit, any parts of its work:
(e) provide information and advice on any matter—
(i) to the Minister for the Minister's consideration:
(ii) to the Minister for tabling in the House of Representatives:
(f) request advice, assistance, and information from any government department or any State
enterprise as defined in section 2 of the State-Owned Enterprises Act 1986.
(2) Subsection (1) does not limit sections 16 and 17 of the Crown Entities Act 2004.
(3) If the Electoral Commission provides any information or advice to the Minister under
subsection (1)(e)(ii), the Minister must present the information or advice to the House of
Representatives within 5 working days after receiving it or, if Parliament is not in session, as
soon as possible after the commencement of the next session of Parliament.

7 Independence
The Electoral Commission must act independently in performing its statutory functions and
duties, and exercising its statutory powers, under—
(a) this Act; and
(b) any other enactment that expressly provides for the functions, duties, or powers of the
Electoral Commission (other than the Crown Entities Act 2004).

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Registration of Political Parties and Party Logos
63 Application for registration
(1) An application for the registration of an eligible political party may be made to the Electoral
Commission—
(a) by the secretary of the party; or
(b) by any member of Parliament who is a current financial member of that party.
(2) An application for the registration of an eligible political party—
(a) shall be in writing; and
(b) shall be signed by the applicant; and
(c) must—
(i) set out the name of the party; and
(ii) if the party wishes to be able to use for the purposes of this Act an
abbreviation of its name, set out the name of that abbreviation; and
(iii) set out the name and address of the applicant and the capacity in which he or
she makes the application; and
(iv) if the applicant is not the secretary of the party, set out the name and address
of the secretary of the party; and
(v) set out the name and address of the person eligible under section 206K who is
to be appointed as the auditor of the party, and be accompanied by that person’s
signed consent to the appointment; and
(vi) be accompanied by evidence, in a form approved by the Electoral
Commission, that the party has at least 500 current financial members who are
eligible to enrol as electors; and
(vii) be accompanied by a declaration, made by the secretary of the party in the
manner provided by section 9 of the Oaths and Declarations Act 1957 that the
party has at least 500 current financial members who are eligible to enrol as
electors; and
(viii) [Repealed]
(ca) must be accompanied by a declaration made by the secretary of the party in the manner
provided by section 9 of the Oaths and Declarations Act 1957, which declaration must state that
the party intends, at general elections,—
(i) to submit a list of candidates under section 127; or
(ii) to have 1 or more constituency candidates stand for the party or for a
related political party; or
(iii) both; and
(d) shall be accompanied by a declaration made by the secretary of the party in the manner

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provided by section 9 of the Oaths and Declarations Act 1957, which declaration shall—
(i) state whether the party is a party in respect of which there are 1 or more
component parties; and
(ii) where the party has 1 or more component parties, state the name of each
component party.
(3) Upon receipt of an application for the registration of a political party, the Electoral
Commission shall deal with the application in accordance with this Part and determine whether
the party can be registered.
(4) Notwithstanding subsection (3), the Electoral Commission shall not be obliged to deal with
any application for registration if it receives notice in writing withdrawing the application from a
person entitled to apply for the registration of that party and the Electoral Commission is
satisfied that the application is made by that person on behalf of the party.

Electoral Act 1993
204B Persons who may promote election advertisements
(1) A person is entitled to promote an election advertisement if the person is—
(a) a party secretary:
(b) a candidate:
(c) a registered promoter:
(d) an unregistered promoter who does not incur advertising expenses exceeding $12,000 (or
such other amount as is prescribed by the Governor-General by Order in Council under section
266A) in relation to election advertisements published during the regulated period.
(2) The amount in subsection (1)(d) is inclusive of goods and services tax.
(3) Every person who wilfully promotes an election advertisement without being entitled to do so
under subsection (1) is guilty of an illegal practice.
204E Obligation to retain records necessary to verify promoter's advertising expenses
(1) This section applies to a promoter who—
(a) is an unregistered promoter:
(b) at any time during the regulated period has been an unregistered promoter.
(2) A promoter to whom this section applies must take all reasonable steps to retain the records,
documents, and accounts that are necessary to enable verification of the advertising expenses
incurred as an unregistered promoter in relation to an election advertisement.
(3) Subsection (2) applies until the close of the day that is 3 years after polling day for the
election to which the advertisement relates.
(4) Every promoter who fails, without reasonable excuse, to comply with subsection (2) commits
an offence and is liable on summary conviction to a fine not exceeding $40,000.

204F Election advertisement to include promoter statement
(1) A person may publish or cause or permit to be published an election advertisement only if the
advertisement includes a promoter statement.
(2) A promoter statement referred to in subsection (1) must state the name and address of the
promoter of the election advertisement.
(3) If the promoter is a registered promoter, the name and address of the promoter stated in the

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promoter statement must be the same name and address of the promoter that appear in the
register.
(4) If the promoter is an unregistered promoter and is a body corporate or unincorporated, the
promoter statement must also include the name of a member of the body who is the duly
authorised representative of the promoter.
(5) If the election advertisement is published in a visual form, the promoter statement must be
clearly displayed in the advertisement.
(6) If the election advertisement is published only in an audible form, the promoter statement
when published must be no less audible than the other content of the advertisement.
(7) A person who wilfully contravenes any of subsections (1) to (6) is guilty of an illegal
practice.

204G Publication of candidate advertisement promoting candidate
(1) A person may publish or cause or permit to be published a candidate advertisement that may
reasonably be regarded as encouraging or persuading voters to vote for a constituency candidate
only if the publication of the advertisement is authorised in writing by the candidate.
(2) A person may publish or cause or permit to be published an election advertisement
comprising 2 or more candidate advertisements of the kind described in subsection (1) only if the
publication of the advertisement is authorised in writing by each of the candidates.
(3) A person who wilfully contravenes subsection (1) or (2) is guilty of an illegal practice.

204H Publication of party advertisement promoting party
(1) A person may publish or cause or permit to be published a party advertisement that may
reasonably be regarded as encouraging or persuading voters to vote for a party only if the
publication of the advertisement is authorised in writing by the party secretary.
(2) A person who wilfully contravenes subsection (1) is guilty of an illegal practice.

221A Electoral advertisements
(1) Subject to subsection (2), no person shall publish or cause or permit to be published in any
newspaper, periodical, poster, or handbill, or broadcast or cause or permit to be broadcast over
any radio or television station, any advertisement relating to an election (not being an election
advertisement as defined in section 3A) unless the advertisement contains a statement setting out
the true name of the person for whom or at whose direction it is published and the address of that
person’s place of residence or business.
(2) Subsection (1) shall not apply to any advertisement published or broadcast, or caused or
permitted to be published or broadcast, by the Chief Registrar of Electors, the Electoral
Commission, or any other agency charged with responsibilities in relation to the conduct of any
official publicity or information campaign to be conducted on behalf of the Government of New
Zealand and relating to electoral matters or the conduct of any general election or by-election
and which either contains a statement indicating that the advertisement has been authorised by
that officer or agency, or contains a symbol indicating that the advertisement has been authorised
by that officer or agency.

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221B Display of advertisement of a specified kind
(1) During the period beginning 2 months before polling day and ending with the close of the
day before polling day, the display of an advertisement of a specified kind is not subject to—
(a) any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any
local authority, that applies in relation to the period when an advertisement of a specified kind
may be displayed; or
(b) any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that
applies in relation to the content or language used in an advertisement of a specified kind.
(2) In this section, advertisement of a specified kind means an advertisement displayed in a
public place or on private property that does not exceed 3 square metres in size and that—
(a) encourages or persuades, or appears to encourage or persuade, voters to vote for a party
registered under Part 4; or
(b) is used, or appears to be used, to promote or procure the election of a candidate; but
(c) does not include—
(i) an advertisement published in any newspaper, periodical, or handbill, or in any
poster less than 150 square centimetres in size; or
(ii) an advertisement broadcast by any television station or by any electronic
means of communication.
(3) Nothing in this section limits or prevents the display before polling day of any advertisement
relating to an election that complies with any prohibition or restriction imposed in any enactment
or bylaw, or imposed by any local authority.

Broadcasting Act 1989
70 Prohibition on paid election programmes
(1) Except as provided in subsections (2) and (2A), no broadcaster shall permit the broadcasting,
within or outside an election period, of an election programme.
(2) Nothing in subsection (1) applies in respect of—
(a) an opening address or closing address that is broadcast—
(i) for a political party or group of related political parties; and
(ii) by TVNZ or RNZ during time allocated to that political party or group of related political
parties under section 73(1); or
(b) an election programme broadcast for a political party or group of related political parties and
paid for with money allocated to that political party or group of related political parties
under section 74A; or
(c) an election programme—
(i) broadcast for a fee or other consideration; and
(ii) relating solely to 1 named constituency candidate at an election; and

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(iii) used or appearing to be used to promote or procure the election of the candidate; and
(iv) broadcast by the candidate or with the candidate's authority within the election period; or
(d) any advertisement placed by the Electoral Commission or by the Chief Registrar of Electors,
a Registrar of Electors, a Returning Officer, or other official for the purposes of the Electoral Act
1993; or
(e) any non-partisan advertisement broadcast, as a community service, by the broadcaster.
(2A) Nothing in subsection (1) restricts the amount of money that a political party or group of
related political parties may spend on the production costs of an election programme.
(2B) Nothing in this Act derogates from section 214B of the Electoral Act 1993.
(3) Nothing in subsection (1) restricts the broadcasting, in relation to an election, of news or
of comments or of current affairs programmes.
(4) For the purposes of subsection (2)(c)(ii), the term constituency candidate includes a person
who has declared his or her intention of becoming a constituency candidate.

70A Obligation of political parties to give notice to Electoral Commission
(1) In every year in which a Parliament is due to expire, the Electoral Commission shall specify,
by notice in the Gazette, a date by which any political party that considers that it will qualify for
an allocation of time under section 73 or of money under section 74A, in respect of the election
period that will apply in relation to the general election to be held in that year, must notify the
Electoral Commission in writing that it considers itself to be so qualified.
(2) The date specified under subsection (1) may be a date before the beginning of the election
period.
(3) Each political party that considers that it will qualify for an allocation of time under section
73 or of money under section 74A in respect of an election period shall notify the Electoral
Commission in writing that it considers itself to be so qualified.

71 Opening addresses and closing addresses to be broadcast free
(1) TVNZ and RNZ must each provide time, free of charge, for the broadcasting, in an election
period, of the opening addresses and closing addresses of political parties.
(2) TVNZ must broadcast opening addresses and closing addresses on 1 free-to-air channel
with national coverage.
(3) RNZ must broadcast opening addresses and closing addresses on the service known as
National Radio.
(4) Opening addresses and closing addresses must be broadcast in accordance with section
77A (which sets out when, and at what time, opening addresses and closing addresses are to
be broadcast, and certain other provisions relating to the broadcasting of opening
addresses and closing addresses).

73 Allocation of time to political parties
(1) In respect of each election period, the Electoral Commission must allocate to political parties,

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in such proportions as the Electoral Commission considers appropriate, the time that TVNZ and
RNZ have made available for opening addresses and closing addresses in accordance
with section 71A.
(2) In allocating time to political parties under subsection (1), the Electoral Commission—
(a) must consider whether any proposals made under section 71A(3)(a) for the allocation of
broadcasting time can be adopted either in full or with modifications specified by the Electoral
Commission; and
(b) must modify proposals made under section 71A(3)(a) if, in the opinion of the Electoral
Commission, the proposals are not consistent with the provisions of section 75.
(3) The Electoral Commission must not allocate any time to an individual political party under
this section if that political party has received an allocation of time under this section as part of a
group of related political parties.

74A Allocation of money to political parties
(1) The Electoral Commission shall, in respect of each election period, decide the allocation to
political parties of the amount of any money appropriated by Parliament, or deemed to have been
appropriated by Parliament, for the purpose of enabling political parties to meet all or part of the
costs of broadcasting election programmes during that election period.
(2) The decision made under subsection (1)—
(a) shall set out the allocations (which shall be in such proportions as the Electoral Commission
thinks fit); and
(b) may include conditions concerning the manner in which any political party is to expend its
allocation.
(3) Conditions included in a decision pursuant to subsection (2)(b) may include conditions
requiring the political party or group of related political parties to advise the Electoral
Commission of the value of election programme bookings made by the political party or group
of related political parties.
(4) Where the Electoral Commission decides under subsection (1) to allocate a sum of money to
a political party, the Electoral Commission shall supply a copy of its decision to—
(a) that political party; and
(b) the Secretary for Justice.
(5) The Electoral Commission shall not under this section allocate any money to an individual
political party if that political party has received an allocation of money under this section as part
of a group of related political parties.

75 Criteria in relation to allocation of time and money to political parties
(1) The Electoral Commission must not allocate any time to a political party under section 73, or
make an allocation of money to a political party under section 74A, in respect of an election
unless—
(a) that party was registered on the Register of Political Parties at the time of the dissolution of

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Parliament for the election or, as the case requires, at the time that Parliament expired; and
(b) that party has given to the Electoral Commission, in relation to that election, a notice that
complies with the requirements of sections 70A(3), 70B, and 70C.
(2) The Electoral Commission shall, in allocating time to a political party under section 73 or in
making under section 74A an allocation of money to a political party, have regard to—
(a) the number of persons who voted at the immediately preceding general election for that party
and for candidates belonging to that political party; and
(b) the number of persons who voted at any by-election held since the immediately preceding
general election for any candidate belonging to that political party; and
(c) the number of members of Parliament who were members of that political party immediately
before the dissolution or expiration of Parliament; and
(d) any relationships that exist between a political party and any other political party; and
(e) any other indications of public support for that political party such as the results of public
opinion polls and the number of persons who are members of that political party; and
(f) the need to provide a fair opportunity for each political party to which subsection (1) applies
to convey its policies to the public by the broadcasting of election programmes on television.
(3) Despite anything in subsection (1) or subsection (2), an allocation of time to a political party
made under section 73 in respect of an election period, or a decision made under section 74A in
respect of an election period, may be made before the beginning of the election period.

76 Consultation with political parties
(1) The Electoral Commission must comply with subsection (2)—
(a) before allocating time to a political party under section 73; and
(b) before allocating any money under section 74A; and
(c) before making any determination under section 77A(5)(a).
(2) Before doing any of the things referred to in subsection (1), the Electoral Commission must
grant to every political party that has given a notice to the Electoral Commission under section
70A(3) the opportunity to meet with and be heard by the Electoral Commission.
(3) If, after complying with subsection (2), the Electoral Commission later modifies an allocation
or a determination, the Electoral Commission does not have to provide any political party with
any further opportunity to meet with and be heard by the Electoral Commission.
(4) The failure of any political party to make use of the opportunity to meet with and be heard by
the Electoral Commission under subsection (2), or to comply with any other request of the
Electoral Commission,—
(a) does not prevent the Commission making—
(i) an allocation of time under section 73; or
(ii) an allocation of money under section 74A; or

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(iii) a determination under section 77A(5)(a); and
(b) does not affect the validity of any allocation or determination made under any of those
sections.

76A Power of Electoral Commission to vary allocations
(1) If, after any allocation is made under section 73 or section 74A,—
(a) a broadcaster in respect of which an allocation of time has been made ceases to be a
broadcaster; or
(b) a political party does not accept any allocation of time under section 73 or any allocation of
money under section 74A; or
(c) the party ceases to be registered; or
(d) the party fails to submit a list of candidates for election to the seats reserved for those
members of Parliament elected from lists pursuant to section 127 of the Electoral Act 1993; or
(da) the party fails to comply with any conditions imposed by the Electoral Commission
under section 74A(2)(b) requiring the political party or group of related political parties to advise
the Electoral Commission of the value of election programme bookings made by the political
party or group of related parties; or
(e) the relationship of the party with any other political party has changed to a significant extent;
or
(f) [Repealed]
the Electoral Commission may, subject to subsection (4), vary the allocation under section
73 or section 74A, as the case may require.
(2) The varying of any allocation pursuant to this section shall not require the Electoral
Commission to grant to any political party the opportunity to meet with and be heard by the
Electoral Commission.
(3) The Electoral Commission shall, in varying any allocation pursuant to this section, have
regard to—
(a) the views of political parties received by the Electoral Commission in the course of
consultations undertaken in accordance with section 76; and
(b) such of the matters referred to in sections 73, 74A, and 75, as the case may require.
(4) Where effect has been given in whole or in part to an allocation made under section
73 or section 74A to a political party, the Electoral Commission shall not vary the allocation
pursuant to this section unless—
(a) the registration of that political party is cancelled under section 70 of the Electoral Act 1993;
or
(b) the secretary of a political party has failed to submit a list of candidates for election
under section 127 of the Electoral Act 1993.

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76B Recovery of money from political party
(1) Where effect has been given in whole or in part to an allocation made under section 74A and
the Electoral Commission, acting under section 76A, varies that allocation, the Electoral
Commission may determine that the whole or part of the money paid by or on behalf of the
political party or to the political party as a result of that allocation be repaid to the Crown by the
political party

79B Obligation to give identical terms to each political party or candidate
(1) No broadcaster shall offer or give to any political party terms for broadcasting time that are
more favourable than those offered or given to any other political party that buys or expresses an
interest in buying comparable time from that broadcaster.
(2) No broadcaster shall offer or give to any candidate terms for broadcasting time that are more
favourable than those offered or given to any other candidate who buys or expresses an interest
in buying comparable time from that broadcaster.

79C Returns in relation to broadcasting time
(1) After each election, every broadcaster must give the Electoral Commission a complete and
accurate written statement of the election programmes broadcast by that broadcaster during the
3-month period immediately preceding polling day for the election.
(2) The statement must be given to the Electoral Commission no later than 10 working days after
the end of the month in which the election was held.
(3) The statement must set out the following information in relation to each election programme:
(a) the candidate or political party for whom the election programme was broadcast:
(b) the length of the election programme and the time at which it was broadcast:
(c) the date on which the election programme was broadcast:
(d) the amount paid for the broadcasting of the election programme, and the rate or rates by
which that amount was fixed.
(4) The statement must be signed by or on behalf of the broadcaster.

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The Electoral Knowledge Network: New Zealand's Mixed Member Proportional System:

As in Germany, in parliamentary elections in New Zealand the electors have two votes—one
for a political party (called the party vote in New Zealand) in a nationwide constituency,
and one for a candidate in a single-member district. Whereas representatives for single-
member districts (called electorates in New Zealand) are elected by FPTP, the overall share of
the seats in Parliament allocated to political parties stems directly from and is in
proportion to the number of party votes they receive. If a party wins 25 per cent of the
party votes, it will be entitled to (roughly) a quarter of all the seats in the 120-member
Parliament, that is, about 30 seats. If a party that is entitled to a total of 30 seats has
already won 23 electorate seats, then it will be given another seven seats drawn from the
rank-ordered candidates on its party list who have not already been elected in a single-
member district. Likewise, if a party entitled to 30 seats has won only 11 single-member district
seats, then it will acquire another 19 MPs from its party list.

There are two thresholds for MMP in New Zealand. To win a share of the seats in Parliament
based on the party votes, a party must either win at least 5 per cent of all the party votes
cast in a general election or win at least one single-member district seat. In the 1996 general
election, five parties crossed the 5 per cent threshold and one won a single-member district seat
but did not clear the 5 per cent threshold. Three years later, five parties again cleared the 5 per
cent threshold. Two other parties failed to do so but won single-member district seats, which
qualified one of them for an additional four seats in Parliament (it had won 4.3 per cent of the
party votes cast in the election). In the 2002 general election, six parties cleared the 5 per cent
party vote hurdle, and a seventh party won a single-member district seat that enabled it to bring
one other person into Parliament from the party’s list.

These figures point to one major change caused by the introduction of MMP. Established, at least
in part, to ensure ‘fairness between political parties’, the new voting system has seen the index of
disproportionality plummet from an average of 11 per cent for the 17 FPTP elections held
between 1946 and 1993, to an average of 3 per cent for the first three MMP elections. Every
FPTP election in New Zealand from 1935 until 1993 saw one of the country’s two larger parties
—Labour or National—gain an absolute majority in the House of Representatives. One
consequence of MMP has been that, in the three elections to date, no single party has won more
than half the seats in Parliament. In 1996, the largest party won 44 out of the 120 seats; in 1999
the largest party won 49 seats; and in 2002 the largest party won 52 seats.
Not surprisingly, then, New Zealand has changed from being a country accustomed to single-
party majority governments to being a country governed by coalitions. After the first MMP
election, two parties formed a coalition government that commanded a small majority (61 out of
120 seats) in Parliament. Since that coalition disintegrated in August 1998, New Zealand has had
minority coalition governments that have had to rely on either formal or informal supporting
arrangements (negotiated with other parties or, on occasion, with individual MPs) to ensure that
their legislative programmes have been able to win majorities in Parliament. One of the other
criteria used by the Royal Commission on the Electoral System was ‘effective government’. The
commission noted that electoral systems should ‘allow governments ... to meet their
responsibilities. Governments should have the ability to act decisively when that is appropriate’.

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In this regard it should be stressed that MMP governments in New Zealand have had little
trouble governing: all have had their budgets passed without any real difficulty, and none has
faced the likelihood of defeat in a parliamentary vote of no confidence. At the same time, New
Zealand parliaments have fulfilled another of the royal commission’s criteria by also becoming
more effective. Governments can no longer rely on (indeed, they seldom have) majorities on
parliamentary committees, and there is a far greater degree of consultation—of give and take—
between government and opposition parties in MMP parliaments.

The Royal Commission on the Electoral System also envisaged that under MMP the Parliament
would represent the Maori (New Zealand’s indigenous Polynesian minority) and other special-
interest groups such as women, Asians and Pacific Islanders more effectively. This has happened.
In the last FPTP Parliament, Maori accounted for 7 per cent of the MPs. They now
constitute 16 per cent of the members of the legislature. The proportion of female MPs has
risen from 21 per cent in 1993 to an average of 29 per cent in the first three MMP parliaments.
During the period 1993–2002, the proportion of Pacific Island MPs went up from 1 per cent to 3
per cent, and the number of Asian MPs rose from 0 to 2 per cent.

Maori Electorates:

Number of electorates

From 1868 to 1996, four Māori electorates existed (out of a total that slowly changed from 76 to
99).[1] They comprised:[2]
1. Eastern Maori
2. Northern Maori
3. Southern Maori
4. Western Maori
With the introduction of the MMP electoral system after 1993, the rules regarding the Māori
electorates changed. Today, the number of electorates floats, meaning that the electoral
population of a Māori seat can remain roughly equivalent to that of a general seat. In the first
MMP vote (the 1996 election), the Electoral Commission defined five Māori electorates:
1. Te Puku O Te Whenua
2. Te Tai Hauauru
3. Te Tai Rawhiti
4. Te Tai Tokerau
5. Te Tai Tonga
For the second MMP election (the 1999 election), six Māori electorates existed:
1. Hauraki
2. Ikaroa-Rawhiti
3. Te Tai Hauāuru
4. Te Tai Tokerau
5. Te Tai Tonga
6. Waiariki

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The 2002 and 2005 elections had seven:
1. Ikaroa-Rāwhiti
2. Tainui
3. Tāmaki Makaurau (roughly equivalent to greater Auckland)
4. Te Tai Hauāuru
5. Te Tai Tokerau
6. Te Tai Tonga
7. Waiariki
The 2008 election also had seven:
1. Hauraki-Waikato - (North Western North Island, includes Hamilton and Papakura)
2. Ikaroa-Rāwhiti - (East and South North Island, includes Gisborne and Masterton)
3. Tāmaki Makaurau - (Roughly equivalent to greater Auckland)
4. Te Tai Hauāuru - (Western North Island, includes Taranaki and Manawatu-Wanganui
regions)
5. Te Tai Tokerau - (Northernmost seat, includes Whangarei and North and West Auckland)
6. Te Tai Tonga - (All of South Island and nearby islands. Largest electorate by area)
7. Waiariki - (Includes Tauranga, Whakatane, Rotorua, Taupo)
While seven out of 70 (10 %) does not nearly reflect the proportion of New Zealanders who
identify as being of Māori descent (about 18%), many Māori choose to enrol in general
electorates, so the proportion reflects the proportion of voters on the Māori roll.

Electoral Fairness Audit Results for Equality of Candidates and Parties:

Score:

The FDA electoral fairness audit team reached consensus on a score of 7.1/10.

Rational for Score:

There are no restriction on the media's political content. State broadcasters are now subject to the
marketplace for survival.

There is an Electoral Commission which administers the electoral system impartially, efficiently,
and effectively. This commission has certain powers and functions.

Applications for creation of political parties must be made to the Electoral Commission.

In order to apply to create a political party, there must be at least 500 financial members who are
eligible to enrol as electors, and must have at least one constituency candidate stand for the party
or submit a list of candidates.

Only certain people related to the campaign may promote 'election advertisements': party
secretaries, candidates, registered promoters, and unregistered promoters (whose ad expenses do

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not exceed $12,000).

Unregistered promoters must retain records to verify advertising expenses.

Election advertisements must state who the promoter is (name and address).

Election advertisements must be authorised in writing by the candidate(s) that they address, or by
the
party secretary of the party that they address.

Election advertisements must contain a statement regarding the name of the person who does the
publishing, or for whom they are published.

Political billboards can be placed in the two months leading up to election day, as long as they do
not exceed 3 square metres in size.

Election programmes can be broadcast during the election period; these programmes can be paid
for by political parties under certain guidelines.

Opening and closing addresses for political parties are to be broadcast free of charge.

The Electoral Commission consults with political parties and broadcasters to determine the
amount of time given to each party, and the amount of public funds that are to be given to each
political party.

Each broadcaster must give identical terms to each political party or candidate.

After each election, broadcasters must give a written statement of the election programmes
broadcast during the three months leading up to voting day.

New Zealand has a mixed member proportional system, based on one vote for political parties
and one for vote for candidate in constituency. 70 constituency seats are decided by first past the
post. The remaining seats, 50, are decided by popular vote for political parties. The minimum
threshold for the 50 seats are at least 5% of the popular vote or win one constituency seat.

Maori population guaranteed representation from seven out of seventy total constituencies.
Maori seats not subject to proportional representation.

Finances:

Candidate and party expenses are inclusive of goods and services tax. (This provision favors
dominant, established candidates and parties, and wealthy candidates and parties.)

For Candidates:

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Election expenses must not exceed $25,000 in general elections, or $50,000 in by-
elections
Receipts are required for election expenses of $50 or more
Within 70 days after polling day the candidate must submit a return of his/her election
expenses to the Electoral Commission, this return must be publicly available

For Parties:

Election expenses must not exceed $1,065,000 and $25,000 for each electoral district
contested by a candidate for the party
Receipts are required for election expenses of $100 or more
Within 50 days after declaring candidates to be elected, the party secretary must file a
return of the party's expenses to the Electoral Commission, this return must be publicly
available
Parties must appoint an auditor

Donations:

There is no defined limit on political donations
Contributors are to be identified by name and address if they contribute more than $1500
Anonymous donations cannot exceed $1500
Overseas donations cannot exceed $1500
Donations can be protected from disclosure under certain stipulations
Returns must be filed on donations exceeding $30,000
Expenditure limits are adjusted each year by Order in Council

Free broadcasting time based on percentage of votes in previous election, percentage of vote in
preceding by-elections, number of members of parliament, any relationship between one party
and another, any other indication of public support such as polls, number of party members, and
fair opportunity to convey message. Broadcasting funds favor significantly dominate, established
parties as do allocation broadcast allocations. Small and new parties are given insignificant
monies and times. Free broadcasting times are limited to TVNZ and Radio New Zealand (public
broadcasters). (The New Zealand approach is significantly more fair than Canada's which only
allows four of nineteen parties in national debates.)

The score of 71.25 percent means that the New Zealand's laws and regulations on candidate and
party influence are acceptable. There are many elements of fairness in New Zealand's laws and
regulations such as proportional distribution of fifty parliamentary seats, seven seats guaranteed
to the Maori population, state electoral funds distributed based primarily on established popular
support, and caps on electoral donations and candidate and party expenditures. However, these
elements are weakened by the unfairness of the media's political content and the more
democratic idea of basing distribution of state electoral funds on equality rather than established
popular support, in order to put direct emphasis on parties' platforms. Considering the partisan
major media and broadcasters, an equal distribution of state electoral funds would help
counteract media and broadcaster unfairness.

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Chapter Three: Electoral Finance
Chapter three will focus on the research and audit results of New Zealander laws and
regulations with respect to the equality and fairness of New Zealander electoral finance laws
and regulations.

Executive Summary: New Zealand received a score of 77.5 percent for its electoral finance
laws. The score means that New Zealand's laws and regulations on electoral finance are very
satisfactory. New Zealand's finance laws have many elements of fairness such as caps of
electoral donations and candidate and party expenditures, and comprehensive disclosure
requirements. However, the state electoral funds are based primarily on established public
support rather than an equal playing field, and the caps on electoral donations are too high and
thereby favor minority support (rather than popular support), and around 25 percent of donations
to a party can be anonymous.

Research Excerpts:


Electoral Act 1993:
Election Expenses of Candidates
205C Maximum amount of candidate's total election expenses
(1) The total election expenses of a candidate in respect of any regulated period must not
exceed—
(a) $25,000 (or such other amount as is prescribed by the Governor-General by Order in Council
under section 266A), in the case of a candidate at a general election; and
(b) $50,000 (or such other amount as is prescribed by the Governor-General by Order in Council
under section 266A), in the case of a candidate at a by-election.
(2) The amounts in subsection (1) are inclusive of goods and services tax.

205D Apportionment of advertising expenses for publication of candidate advertisement both
before and during regulated period
(1) This section applies if a candidate advertisement—
(a) is published both before the commencement of the regulated period and during the regulated
period; or
(b) is published before the commencement of the regulated period and continues to be published
during the regulated period.
(2) If this section applies,—
(a) the candidate advertisement is deemed to have been published during the regulated period;

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but
(b) the advertising expenses for the publication of the candidate advertisement must be
apportioned so that only a fair proportion of the expenses is attributed to being incurred during
the regulated period.
(3) Only the advertising expenses attributed to being incurred during the regulated period in
accordance with subsection (2) are election expenses.

205J Invoice and receipt required for election expenses of $50 or more
Every payment made in respect of any election expenses of a candidate, other than a payment
that is less than $50, must be vouched by an invoice stating the particulars and by a receipt.

205K Return of candidate's election expenses
(1) Within 70 working days after polling day, a candidate must file a return of election
expenses with the Electoral Commission.
(2) A return under subsection (1) must be in the form required by the Electoral Commission.

205R Return of candidate's election expenses to be publicly available
(1) The Electoral Commission may publish, in any manner that the Electoral Commission
considers appropriate, every return filed under section 205K.
(2) During the public inspection period, the Electoral Commission must make available for
public inspection a copy of every return filed under section 205K.
(3) The Electoral Commission may make inspection under subsection (2) subject to the payment
of any charges that may be made under the Official Information Act 1982

Election Expenses of Parties
206C Maximum amount of party's total election expenses
(1) If a party is listed in the part of the ballot paper that relates to the party vote, the total
election expenses of that party in respect of any regulated period must not exceed—
(a) $1,065,000 (or such other amount as is prescribed by the Governor-General by Order in
Council under section 266A); and
(b) $25,000 (or such other amount as is prescribed by the Governor-General by Order in Council
under section 266A) for each electoral district contested by a candidate for the party.
(2) If a party is not listed in the part of the ballot paper that relates to the party vote, the total
election expenses of that party in respect of any regulated period must not exceed $25,000 for
each electoral district contested by a candidate for the party.
(3) The amounts in subsections (1) and (2) are inclusive of goods and services tax.

206CA Apportionment of advertising expenses for publication of party advertisement both
before and during regulated period
(1) This section applies if a party advertisement—
(a) is published both before the commencement of the regulated period and during the regulated

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period; or
(b) is published before the commencement of the regulated period and continues to be published
during the regulated period.
(2) If this section applies,—
(a) the party advertisement is deemed to have been published during the regulated period; but
(b) the advertising expenses for the publication of the party advertisement must be apportioned
so that only a fair proportion of the expenses is attributed to being incurred during the regulated
period.
(3) Only the advertising expenses attributed to being incurred during the regulated period in
accordance with subsection (2) are election expenses.

206H Invoice and receipt required for election expenses of $100 or more
Every payment made in respect of any election expenses of a party, other than a payment that is
less than $100, must be vouched by an invoice stating the particulars and by a receipt.

206I Return of party's election expenses
(1) Within 50 working days after the day on which the declaration required by section 193(5) is
made, a party secretary must file a return of the party's election expenses with the Electoral
Commission.
(2) The return must be—
(a) in the form required by the Electoral Commission; and
(b) accompanied by an auditor's report obtained under section 206L.

206J Appointment of auditor for party
(1) A party must appoint an auditor.
(2) On the registration of a party under section 67, the person named in the party's application
under section 63(2)(c)(v) as the person who is to be appointed as the party's auditor is to be taken
to have been appointed under subsection (1).
(3) A party must without delay appoint another auditor if the auditor appointed by the party
under subsection (1) or taken to have been appointed under subsection (2)—
(a) does not, for any reason, commence to hold office; or
(b) ceases to hold office; or
(c) becomes ineligible to hold office.
(4) If at any time a party appoints a new auditor under subsection (3), the party must—
(a) notify the Electoral Commission; and
(b) send to the Electoral Commission—
(i) the name, address, and contact details of the new auditor; and

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(ii) the new auditor's signed consent to the appointment.

206K Persons eligible to be appointed as auditor
A person is eligible to be appointed as an auditor under section 206J unless that person is—
(a) a constituency candidate; or
(b) a list candidate; or
(c) an employee or partner of a person referred to in paragraph (a) or (b); or
(d) an officer or employee of a party; or
(e) a body corporate; or
(f) a person who, by virtue of section 199(1) of the Companies Act 1993, may not be appointed
or act as an auditor of a company; or
(g) a Returning Officer.

206Q Return of party's election expenses to be publicly available
(1) The Electoral Commission may publish, in any manner that the Electoral Commission
considers appropriate, every return and every accompanying auditor's report filed under section
206I.
(2) During the public inspection period, the Electoral Commission must make available for
public inspection a copy of every return and report referred to in subsection (1).
(3) The Electoral Commission may make inspection under subsection (2) subject to the payment
of any charges that may be made under the Official Information Act 1982.

Donations

207C Contributors to be identified
(1) This section applies to a donation (other than an anonymous donation) that is funded from
contributions.
(2) If this section applies to a donation, the donor must, at the time of making the donation,—
(a) disclose the fact that the donation is funded from contributions; and
(b) if 1 or more contributions are each in sum or value $1,500 or less, disclose the total amount
of those contributions; and
(c) if 1 or more contributions are each in sum or value more than $1,500, disclose the following
information about those contributions:
(i) the total amount of those contributions; and
(ii) the information described in subsection (3) about those contributions.
(3) The information that must be disclosed about contributions under subsection (2)(c)(ii) is—
(a) the name and address of each contributor and whether each contributor is an overseas person

| 37

within the meaning of section 207K; and
(b) the amount of each contributor's contribution.
(4) A candidate must give back to the donor the entire amount of the donation, or its entire value,
if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply
with subsection (2) in any respect.
(5) A party secretary must give back to the donor the entire amount of the donation, or its entire
value, if the party secretary knows, or has reasonable grounds to believe, that the donor has
failed to comply with subsection (2) in any respect.
(6) For the purposes of sections 209 and 210, any amount given back by a candidate under
subsection (4), or by a party secretary under subsection (5), is taken not to have been received by
the candidate or the party secretary, as the case may be.

207I Anonymous donation may not exceed $1,500
(1) If an anonymous candidate donation exceeding $1,500 is received by a candidate, the
candidate must, within 20 working days of receipt of the donation, pay to the Electoral
Commission the amount of the donation, or its value, less $1,500.
(2) If an anonymous party donation exceeding $1,500 is received by a party secretary, the party
secretary must, within 20 working days of receipt of the donation, pay to the Electoral
Commission the amount of the donation, or its value, less $1,500.
(3) All amounts received by the Electoral Commission under this section must be paid into a
Crown Bank Account.

207K Overseas donation or contribution may not exceed $1,500
(1) For the purposes of this section, overseas person means—
(a) an individual who—
(i) resides outside New Zealand; and
(ii) is not a New Zealand citizen or registered as an elector; or
(b) a body corporate incorporated outside New Zealand; or
(c) an unincorporated body that has its head office or principal place of business outside New
Zealand.
(2) If a candidate receives from an overseas person a donation that either on its own or when
aggregated with all other donations made by or on behalf of the same overseas person for use in
the same campaign exceeds $1,500, the candidate must, within 20 working days of receipt of the
donation,—
(a) return to the overseas person the total amount donated by the overseas person, or its value,
less $1,500; or
(b) if this is not possible, pay the total amount donated by the overseas person, or its value, less
$1,500 to the Electoral Commission.
(2A) If a party secretary receives from an overseas person a donation that either on its own or

| 38

when aggregated with all other donations made by or on behalf of the same overseas person
during the same year ending 31 December exceeds $1,500, the party secretary must, within 20
working days of receipt of the donation,—
(a) return to the overseas person the total amount donated by the overseas person, or its value,
less $1,500; or
(b) if this is not possible, pay the total amount donated by the overseas person, or its value, less
$1,500 to the Electoral Commission.

208A Method of making donation protected from disclosure
(1) This section applies to any person who intends to make a donation in excess of $1,500 to a
party while preventing the disclosure of the person's identity to—
(a) the party concerned; and
(b) the public generally.
(2) A person to whom this section applies may send a donation in excess of $1,500 by way of a
cheque, cash, or a bank draft to the Electoral Commission.
(3) A donation under subsection (2) must be accompanied by a statement identifying—
(a) the name of the party that is to receive the donation; and
(b) the full name and address of the donor; and
(c) if the donation made by the donor includes or comprises contributions from others, the name
and address of every person who has contributed in excess of $1,500.
(4) The Electoral Commission may request the donor to provide any further information the
Commission considers necessary to confirm the identity of the donor or other details provided by
the donor, and the donor must take all reasonable steps to comply with such a request as soon as
is practicable.

208B Limit on maximum amount of donations protected from disclosure
(1) The maximum amount that a party may be paid in donations made to the Electoral
Commission for the benefit of that party during a specified period is 10% (excluding any interest
paid under section 208E(2)) of the maximum amount of election expenses allowed under section
206B(1) to be incurred by a party that is listed in the part of the ballot paper that relates to the
party vote and that has a candidate contesting every electoral district.
(2) The maximum amount that a party may be paid in donations made to the Electoral
Commission for the benefit of the party from the same donor during any specified period is 15%
(excluding any interest paid under section 208E(2)) of the amount that may be paid to that party
under subsection (1).
(3) For the purposes of this section,—
(a) a specified period is—
(i) the period beginning on 9 November 2008 and ending with the close of the day
before polling day for the next general election after that date; and

| 39

(ii) any subsequent period between polling day for one general election and
polling day for the following general election:
(b) to avoid doubt, if there is a change in the name of a donor or party, the donor or party must be
treated as the same donor or party (as the case may be) as the donor or party was prior to the
change of name.

210C Return of party donation received from same donor exceeding $30,000
(1) A party secretary must file with the Electoral Commission a return in respect of every
party donation that exceeds $30,000.
(2) A party secretary must file with the Electoral Commission a return in respect of every party
donation that—
(a) the party secretary knows is from a donor who in the 12 months immediately preceding the
date of receipt of the donation (the last 12 months) has made 1 or more previous donations; and
(b) when aggregated with all previous donations received from the donor in the last 12 months
exceeds $30,000.
(3) If a return is made under subsection (2), the donations disclosed in that return must be
disregarded when applying this section in relation to a party donation that is made after that
return is filed.
(4) A return filed under subsection (1) must be in the form required by the Electoral Commission
and set out—
(a) the name of the donor (if known); and
(b) the address of the donor (if known); and
(c) the amount of the donation; and
(d) the date the donation was received.
(5) A return filed under subsection (2) must be in the form required by the Electoral Commission
and set out—
(a) the name of the donor; and
(b) the address of the donor; and
(c) the amount of the donation; and
(d) the amounts of all previous donations; and
(e) the date the donation was received; and
(f) the dates all previous donations were received.
(6) A return must be filed under subsection (1) or (2) within 10 working days of the donation
being received by the party secretary.

266A Expenditure limits to be adjusted each year by Order in Council
(1) The Governor-General must, by Order in Council made on the recommendation of the

| 40

Minister, in the manner provided in subsections (2) to (6), adjust the amounts specified in the
following provisions:
(a) section 204B(1)(d) (which relates to the maximum amount of advertising expenses that may
be incurred by an unregistered promoter):
(b) section 205C (which relates to the maximum amount of a candidate's election expenses):
(c) section 206C (which relates to the maximum amount of a party's election expenses):
(d) section 206V (which relates to the maximum amount of a registered promoter's election
expenses).
(2) The first Order in Council must—
(a) come into force on 1 July 2011; and
(b) adjust the amount referred to in section 206C(1)(a) to reflect the movement between the CPI
for the quarter ending 30 September 2010 and the CPI for the quarter ending 31 March 2011.
(3) Every subsequent Order in Council must—
(a) come into force on every following 1 July; and
(b) adjust the amounts referred to in subsection (1) to reflect the movement between the CPI for
the quarter ending 31 March of the previous year and the CPI for the quarter ending 31 March of
the current year.
(4) If after adjustment in accordance with subsection (3)(b) any of the amounts specified in the
following sections is not a whole number of hundred dollars, the adjusted amount must be
rounded up to the next whole hundred dollars:
(a) section 204B(1)(d):
(b) section 205C(1)(a) and (b):
(c) section 206C(1)(b) and (2).
(5) If after adjustment in accordance with subsection (2)(b) or (3)(b) the amount specified
in section 206C(1)(a) or 206V is not a whole number of thousand dollars, the adjusted amount
must be rounded up to the next whole thousand dollars.
(6) If an adjusted amount has been rounded up in accordance with subsection (4) or (5), the
adjustment to that amount made the following year must be based on the adjusted amount as it
was before it was rounded up.
(7) In this section CPI means the Consumers Price Index All Groups published by Statistics New
Zealand.

New Zealand Election Commission:

How to make a donation protected from disclosure

A donation protected from disclosure is a mechanism for any person who wants to make a

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New Zealand--2011 Global FDA Electoral Fairness Audit Report

New Zealand--2011 Global FDA Electoral Fairness Audit Report

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