Candidate Handbook 2013

8/12/2019 Candidate Handbook 2013

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General Elections

E5-Candidate

CandidateHandbook

APRIL 2014


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CONTENTS

Introduction .................. .................... .................... ..................... .................... .................... .................... ..................... .. 3

Part 1: Nomination of candidates ....................................................................................................... 4

Part 2: Enrolment ........................................................................................................................................10

Part 3: Ways to vote ...................................................................................................................................12

Part 4: Appointing scrutineers and special voting witnesses ....................................................16

Part 5: Election campaigning .................................................................................................................19

Part 6: Election expenses and donations............................................................................................ 35

Election expenses .................... ..................... .................... .................... .................... ................... 35

Donations .................. .................... ..................... .................... .................... .................... .................. 38

Part 7: Election day ..................................................................................................................................... 47

Part 8: General election results ............................................................................................................ 51

Appendix A: Election sequence - 2014 General Election ........................................................................................ 54

Appendix B: Quick guide for electorate candidates - common questions ................................................... 55

Appendix C: Summary - election advertising rules for electorate candidates ............................................ 57

Appendix D: Allocation of advertising expenses for advertisements promoted by candidates ....... .... .... 58

Appendix E: Apportioning election expenses between party and candidate ........................................... 59

Appendix F: Summary of disclosure information for candidate donations .................................................. 61

Appendix G: List of forms for parliamentary candidates ...................................................................................... 62


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ELECTORAL COMMISSION

INTRODUCTION

This booklet is part of a series produced by the Electoral Commission.

The booklets are a general guide and reflect the Electoral Commissions interpretation of the law

and how it intends to apply the law. The Electoral Commission welcomes the opportunity to

discuss any areas that require clarification.

The booklets do not cover every aspect of electoral law and procedure. For further information,

you should consult the Electoral Act 1993, the Electoral Regulations 1996, your party organisation,

or seek legal advice.

The Electoral Commission is also happy to discuss any specific questions that you have.

Other information available

Other booklets available from the Electoral Commission or from

www.elections.org.nzare:

Candidate Handbook - By-elections

Guidance for MPs - Election Advertising Rules

Party Secretary Handbook General Elections

Third Party Handbook Parliamentary Elections

Information for Scrutineers

Media Handbook - Parliamentary Elections

Forms

Forms are listed at Appendix G and can be obtained from your Returning Officer, direct from the

Electoral Commission or can be downloaded from the elections website at www.elections.org.nz

Contact details for the Electoral Commission:

Electoral Commission, PO Box 3220, Wellington

Level 10, 34-42 Manners Street, Wellington

Tel: 04 495 0030

Fax: 04 495 0031

Email: [email protected]

Websites: www.elections.org.nz

www.electionresults.govt.nz

INTRODUCTION3


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PART 1: NOMINATION OF CANDIDATES

1.1 Introduction

There are two types of candidate under the MMP electoral system:

electorate candidates who stand for election in electorates, and

list candidates who are named on party lists and may be elected by the party vote.

A candidate can stand for an electorate and be on a party list at the same election.

1.2 Candidate eligibility

To be a candidate you must:

be enrolled as a voter,

be a New Zealand citizen, and

not be disqualified from enrolling.

The main grounds of disqualification for enrolment that could affect eligibility to be a candidate are:

the person is a New Zealand citizen who is outside New Zealand and has not been in New

Zealand within the last three years,

the person is in prison serving a prison sentence.

There are exceptions to these rules: for example, in relation to public servants or members of the

Defence Force who are on duty outside New Zealand, as well as members of their families.

There are other grounds of disqualification that affect a very small number of people. For more

details see section 80 of the Electoral Act.

Bankruptcy is not a ground for disqualification.

If you were born overseas, you will be asked to provide evidence with your nomination that

you are a New Zealand citizen (such as a certificate of citizenship or a copy of your New Zealand

passport).

1.3 Where can candidates stand?

You may stand:

in a different electorate from the one that you are enrolled in, or

in an electorate and, at the same time, be on a party list, or

in either a Mori or a general electorate seat irrespective of your race or ethnicity.

You may not stand for more than one electorate or be on more than one party list.

PART 1: NOMINATION OF CANDIDATES4


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1.4 State servants, board members of Crown entities and directors of Crown

companies implications of nominations

The Electoral Commission does not treat the nominations of state servants, board members of

Crown entities and directors of Crown companies any differently from the nominations of other

candidates.

However, section 52 of the Electoral Act contains special rules for some state servants who stand

as candidates. In the Electoral Act, the term state servant is defined as:

employees of public service departments,

employees of the New Zealand Police,

the New Zealand Security Intelligence Service,

members of the NZ Defence Force (other than non-regular forces) and

the Education Service as defined in the State Sector Act 1988 which includes employees in

the service of any state or integrated school, or any tertiary or other education institution

(such as polytechnics, institutes of technology, Wananga, and universities), and registered

teachers employed by any free kindergarten association.

To avoid the possibility of real or perceived conflicts of interest, the Electoral Act requires

such state servants who stand as candidates to take leave of absence from nomination

day (26 August 2014) until the first working day after election day (22 September 2014),

although members of staff of a tertiary education institution teaching students preparing forexaminations may continue to work and be paid.

An employer may require these state servants to take leave before nomination day if they

believe the candidates responsibilities as a state servant make this necessary. If elected, a state

servant is deemed to have vacated their position.

Prospective candidates who are state servants for the purposes of the Electoral Act are

recommended to discuss their nomination with their employer and consult the guidelines

issued by the State Services Commissioner (SSC) (refer www.ssc.govt.nz).

SSC also recommends that state servants who are not explicitly covered by the Electoral Act

provisions (for example, employees of statutory Crown entities, and Crown entity companies)

should consult the SSC guidelines and that state sector board members who are considering

standing for Parliament should discuss the matter with their Chairperson and relevant

monitoring department. Further advice can also be sought from the SSC.



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1.5 Nominating electorate candidates

There are two ways to nominate electorate candidates:

1. Bulk nominations

This is where the secretary of a registered party nominates all the candidates representing theparty by lodging a bulk nomination schedule with the Electoral Commission in Wellington. This

is the simplest method for a registered party and most registered parties use it.

2. Individual nominations

This is where two voters enrolled in the electorate nominate a candidate by lodging an

individual nomination paper with the Returning Officer for the electorate.

Nominations will be called for by newspaper advertisement and information will also be on

www.elections.org.nz

A registered party can decide to use one method or the other but not both. An unregistered

party may not use the bulk nomination method.

1.6 Nomination day (Tuesday 26 August 2014)

Nomination day is required by law to be in the period between 20 and 27 days before election day.

1.7 Candidate name

A person can be nominated under the name on their birth certificate, the name conferred onthem by means of an adoption order, a name they have adopted by deed poll, or a name which

they have commonly been known by in the preceding 12 months. So for example, a candidate

commonly known as Mike Young can use this name rather than their full legal name Michael.

Titles and honorifics are not allowed.

1.8 Bulk nominations

Party secretaries lodge bulk nomination schedules directly with

the Electoral Commission in Wellington. The legal deadline for

lodging a schedule is noon on the day before nomination day

(Monday 25 August 2014), although the Commission advises

party secretaries to complete nomination procedures before

that time if possible to avoid problems.

If a party decides to nominate its candidates by bulk

nomination, Returning Officers will not accept individual

nominations for candidates representing the party.


J n n l .

ForOfficial Use

*If you have been wrongly removed from the electoralroll, attachtothis nominationthe statutory declarationrequired by s.49 of the ElectoralAct 1993.

Reference: Section143 of the ElectoralAct 1993Forfurtherinformationrefer tothe booklet Informationfor Parliamentary Candidates By-elections issued by the ElectoralCommission.Issued by the ElectoralCommission, P OBox3220, Wellington, Tel(04) 495 0030, Fax(04) 4 95 0031, [email protected],

Website www.elections.org.nz

Candidate Nomination Paper

Part 1: To be completed by 2 nominators

Part 2: To be completed by the person being nominated

M40-Nom

To the Returning Officer of the electorate.

Firstnominator

Surname: For Official Use

First names:

ResidentialStreet Address:

Suburb:

TownorCity:

Second nominator


First names:


Suburb:

TownorCity:

We,thenominatorsspecified inthis paper,beingregisteredelectorsfor theabovementionedelectorate,nominatefor electionto that

electorateat thegeneralelection tobe heldon 26November2011

Person nominated as candidate


First names:


Suburb:

TownorCity:

(Signature1stn om in at or ) Da te ( Si gn at ur e 2ndnominator) Date

I consent tothe nominationandconfirmthat I amqualifiedto bea candidateandto beelecteda memberof

Parliament because I ama NewZealandCitizen

I am enrolled as an elector for the electorate

I amnot disqualifiedfrombeingenrolled.

ThenameI wishtoappear onthe Ballot Paper:

(Thenamemust benomore than30characters long)

Party nameor independent:

My dateof birth:

My country of birth: (Ifborn overseasattachevidenceofNew Zealandcitizenship)

Telephone: Day: ( ) Evening: ( )

Emailaddress:

Signature of person nominated Date

Acceptanceof Nomination

I haveacceptedyournomination

Signature of Returning Officer Date

Enrolment status confirmed:




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You will need to liaise with your party secretary about the following matters:

the details you want included on the nomination schedule. The schedule records the

electorate you will be contesting, your full name, the name you want to appear on the

ballot paper if different to your full name (up to 30 characters in total), and the electorate in

which you are enrolled,

your consent to be a candidate. The consent must be on form M-Cons. This form is

available from your party secretary who will include them with the bulk nomination, and

the deposit to be lodged with the schedule. The party secretary must lodge a deposit of

$300 for every candidate listed on the schedule.

1.9 Individual nominations

This applies if you are:

an electorate candidate who is representing a registered party that is not making a bulk

nomination,

a candidate for an unregistered political party,

standing as an independent.

Two electors, enrolled to vote in the electorate where you wish to stand, must nominate you.

You cannot nominate yourself.

Returning Officers can accept nominations from the time the writ is issued until noon on

nomination day.

Your nomination must be:

on form M40-Nom(follow the checklist on the back of the form),

lodged with a deposit of $300 (money, bank draft or bank cheque). Personal cheques are

not acceptable. The bank draft or bank cheque must be made out to Electoral Commission

Trust Account. See also paragraph 6.18 for information on returning deposits, and

lodged with the Returning Officer by noon on nomination day (Tuesday 26 August 2014).

We recommend you submit your nomination in person as early as possible and do not leave it

until nomination day. This will allow time for the Returning Officer to check your nomination to

make sure it is in order. There is no power for the Returning Officer to extend the legal deadline

of noon on nomination day. Discuss any difficulties you might have in physically getting your

nomination and the deposit to the Returning Officer to see what arrangements, if any, might be

made. But do not leave making such arrangements to the last minute or you might miss out.

Candidates are required to indicate on the nomination form whether they are representing a

party or are an Independent. Candidates claiming to represent a party should be prepared to

provide the Returning Officer, if required, with evidence (such as a party constitution) that the



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party he or she claims to represent exists and evidence of eligibility to represent that party (such

as a letter from the party secretary).

If the candidate is representing a party and the party has a logo registered with the Electoral

Commission the candidate may request that the party logo appears by the candidates name

on the ballot paper. Please confirm this with the Returning Officer. Due to a law change, only

registered parties can have a registered logo.

Candidates should note that the completed nomination forms are available for public inspection.

1.10 Nominating list candidates

Secretaries of registered parties must lodge party lists with the Electoral Commission no later

than noon on nomination day (Tuesday 26 August 2014).

If you are a list candidate, you should liaise with your party secretary

about the following matters:

your details to be recorded on the list. The list sets out the

candidates in order of preference in the list, and includes their

name, address and phone number, and

providing your consent to be a list candidate. The consent must be

on form M-Cons. These forms are available from your party secretary.

1.11 Withdrawing nominations or consents

If you were nominated through the bulk nomination procedure or consented to be included

in a party list through your party secretary, but wish to withdraw, you must do so before the

deadline. Consult your party secretary urgently. You may need to complete the withdrawal of

nomination from bulk nomination schedule form (M41-Cand Wd).

If you were individually nominated directly to the local Returning Officer you must:

complete form M40-Wd(obtainable from the Returning Officer),

sign the form in the presence of a Justice of the Peace or solicitor, and

return the signed form to the Returning Officer no later than noon on nomination day

(Tuesday 26 August 2014).

A nomination cannot be withdrawn after noon on nomination day.

1.12 Death or incapacity of candidates

There are procedures in the Electoral Act that must be followed if a candidate dies or is

incapacitated before nomination day, or between nomination day and the declaration of theofficial result.



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If this happens to a candidate included in a party list or nominated in a bulk nomination

schedule, the party secretary should urgently contact the Electoral Commission and fill in form

M40-Canc(in the case of incapacity).

If the candidate is an individual nomination, the electors who nominated the candidate should

urgently contact the Returning Officer and fill in form M40-Canc(in the case of incapacity).

1.13 Order of candidates on ballot paper

Electorate candidates are arranged alphabetically by surname on the right-hand side of the

ballot paper with any registered logo to the right of the name (the electorate vote).

If the candidates party is contesting the party vote, the name of the party is printed opposite

the name of the candidate on the left-hand side of the ballot paper (the party vote).

If the candidate is an independent, the space on the left-hand side of the ballot paper, opposite

the candidates name, is left empty.

Parties contesting the party vote but not the electorate vote are listed alphabetically on the left-

hand side of the ballot paper, after the other parties.

1.14 Media and public queries on nominations

Completed nomination forms are available for public inspection at the Returning Officers

headquarters. When all nominations and all party lists have been processed after nomination

day we will publish the names of candidates on www.elections.org.nz. We do not publish

biographical information on candidates or on their policies. Nor do we publish candidates

telephone numbers or e-mail addresses. It is common for the media to ask for the telephone

numbers, in which case we will release them unless the party secretary or candidate tells us that

they do not wish us to do so.

1.15 EasyVote pack for voters

About a week before election day each enrolled voter will receive a

personal information pack containing:

an EasyVote card (or letter if enrolled late) to take to the voting place,

details of the voting places and advance voting places,

names of candidates for their electorate,

party lists for those parties contesting the party vote,

the contact details of the local Returning Officer.

It will be helpful if you encourage your supporters to use the EasyVote card. The card will save

them time.


TETAITONGA 037

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1234SampleStree

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2014EasyVoteCa

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2014EasyVoteCardSMITH

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WELLINGTONCENTRAL 203/055


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PART 2: ENROLMENT

2.1 Encouraging enrolment and voting

Candidates play an important role in encouraging electors to enrol and take part in elections.The Electoral Commission can provide candidates with user-friendly resources to use as part of

their canvassing activities.

The Commission produces a range of resources in different languages that include information

about enrolling and voting, including:

Everything you need to know about enrolling to vote

Enrolling to vote as a New Zealand Mori

Everything you need to know about the Unpublished Electoral Roll

Ready to vote flyers

Enrolment forms

Information about printing or ordering these resources is available on our website or by

contacting the Commission. Go to www.elections.org.nzand click the Resources and Learning

button or phone the Electoral Commission (04) 495 0030.

Parties, candidates and MPs can also contact their local Registrar of Electors to obtain lists of

residential addresses where there are no registered electors.

2.2 Eligibility to enrol

You are qualified to enrol if:

you are 18 years or older;

you are a New Zealand citizen or permanent resident; and

you have lived in New Zealand for one year or more at some time without leaving the

country.

A permanent resident is someone who has not taken up citizenship but who is entitled by law

to live permanently in New Zealand. If you have to leave the country by a set date you are not

a permanent resident for electoral purposes. This includes people who have student or visitor

permits.

17 year olds can provisionally enrol so that when they turn 18 their name will automatically go

onto the electoral roll.

Some people are excluded from enrolling and voting. A person cannot enrol if they are:

a New Zealand citizen living outside New Zealand who has not been in New Zealand within

the last three years; or

PART 2: ENROLMENT10


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a permanent resident of New Zealand living outside New Zealand who has not been in New

Zealand within the last 12 months.

(NOTEthat there are exceptions to the above two rules for example, public servants or members of the

Defence Force who are on duty outside New Zealand, as well as members of their families)

in prison serving a prison sentence.

in a psychiatric hospital for more than three years after being charged with a criminal

offence. Other psychiatric patients are entitled to enrol.

Anybody who is unsure about a question of eligibility to enrol should call 0800 36 76 56 or talk

to their local Registrar of Electors. Contact details for Registrars of Electors are available at

www.elections.org.nz.

2.3 Ways to enrol

There are many ways a person can enrol. They can:

download an enrolment form from the website (www.elections.org.nz).

call us free on 0800 36 76 56 for an enrolment form.

free text their name and address to 3676, to have a form posted out to them.

enrol online at www.elections.org.nzusing RealMe (the Governments secure online

identity verification service). This is a new service that will be available for the 2014 general

election.

2.4 Access to electronic enrolment information

The Electoral Act provides that candidates, political parties and members of Parliament can

request electoral rolls in electronic form.

For information on the application process and prescribed fees, phone Chris Campbell (04) 801 0710.

2.5 Candidates

Candidates should check and update their enrolment details if, for example, they have changed

address.

Checking and updating enrolment details is easy. Electors can go to our website (www.

elections.org.nz), click the enrol, check or update button and follow the steps to fill in their

enrolment details. They can then download and print off an enrolment form with their details

already filled in, sign this and send it in to complete the process.

A person can also update their enrolment details electronically once they have filled in, and the

Registrar of Electors has accepted, an Enrolling to vote: Application form that shows they want

to opt in to this service.

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PART 3: WAYS TO VOTE

3.1 Information about ways to vote

Candidates play an important role in engaging with electors to encourage them to take part in

elections. The Electoral Commission can provide user-friendly resources for candidates to use as

part of their canvassing activities.

The Commission produces a range of resources in different languages that include information

about the ways that voters can cast a vote, including:

Voting in the 2014 general election the easy way

Unable to get to a voting place on election day

Going to be overseas on election day

as well as print and video resources in accessible formats, Plain English, New Zealand sign

language, and for those with learning impairments.

Information about printing or ordering these resources is available on our website or by

contacting the Commission. Go to www.elections.org.nzand click the Resources and Learning

button, e-mail: [email protected], or phone the Electoral Commission (04) 495 0030.

3.2 Advance voting

Voters who cannot get to a voting place in their electorate on election day because of work,sickness, being away from home or any other reason, can vote in advance at an advance voting

place. Advance voting starts on 3 September 2014, 17 days before election day.

Voters on the printed roll at the advance voting place do not have to make any written

declaration to cast an advance vote.

Advance voting services are also provided in mobile facilities for example a caravan that

moves from one location to another. Mobile services are most often used in large rural

electorates where voting services need to be provided for widely dispersed populations.

Information about advance voting places and mobile voting services is available closer to

election day and in the EasyVote pack.

3.3 Election day voting

Voters can vote at a voting place from 9am to 7pm on election day. Voters

do not have to be enrolled in the electorate to vote at a voting place in the

electorate. A voter enrolled in any electorate can vote at any voting place

anywhere in the country.

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3.4 Casting a Special Vote

Voters will need to cast a special vote if they are:

unable to get to a voting place or advance voting place in their electorate; or

not enrolled by Writ Day; or

on the unpublished roll.

To receive special voting papers, voters will need to complete a special declaration form.

Before election day they can:

go into an advance voting place. They will be given a declaration form to complete and

voting papers; or

complete and post an application for special declaration voting papers to their local

Returning Officer. The Returning Officer will send the voters voting papers and declaration;

or

apply for voting papers by fax, e-mail or telephone from their Returning Officer.

Completed voting papers must be received by the Returning Officer or a voting place no later

than 7pm on election day. Postal votes must be postmarked before election day and received by

the Electoral Commission or a Returning Officer before noon on the fourth day after election day

(Wednesday 24 September 2014).

On election day voters can go into a voting place. They will be given a declaration form to

complete and their voting papers.

3.5 Takeaway voting

A voter who needs help getting their special voting papers can complete the application for

special declaration voting papers and ask another person to take it to the Returning Officer,

advance voting place or a voting place. That person will then bring them back their voting

papers and declaration.

Completed voting papers must be received by the Returning Officer or a voting place no laterthan 7pm on election day. Votes returned by post must be postmarked before election day and

received by the Electoral Commission or a Returning Officer before noon on the fourth day after

election day (Wednesday 24 September 2014).

A candidate may nominate people to be authorised by the Returning Officer as witnesses of

special voting declarations to assist people who need to vote from home (authorised witnesses).

Once they have been trained by the Returning Officer, the authorised witnesses may then

witness the declaration of voters who cannot get to a voting place.



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3.6 Hospitals and rest homes

Vote issuing teams visit hospitals and rest homes to issue votes to patients

and residents in the two weeks before the election. Issuing teams are

accompanied by a Justice of the Peace.

Voting places are located in a few large hospitals on election day for staff,

visitors and mobile patients. Voting teams also visit large hospitals on election day.

3.7 Overseas voting

Overseas voters can obtain their voting papers by either:

downloading them from the Electoral Commissions website,

applying to the Electoral Commission to have their voting papers posted to them, or

voting in person at a designated overseas post.

Overseas voters can return their voting papers by:

uploading their voting papers to a secure server on the Electoral Commissions website,

faxing their voting papers to the Commission,

posting or couriering their voting papers to the Commission, or

posting, couriering or hand delivering their voting papers to the nearest designated

overseas post.

Faxed or couriered overseas votes, and votes returned using the overseas upload need to be

received by the Commission before 7pm on election day. Postal votes need to be postmarked

in another country before or on the second to last day before the election and received by the

Electoral Commission or a Returning Officer before noon on the fourth day after the election

(Wednesday 24 September 2014).

Information about designated overseas posts is available closer to election day.

3.8 Dictation voting

In 2014, the Commission is planning to make available a new phone dictation voting service

for blind or vision-impaired voters and voters who have a physical disability that prevents them

from marking the voting paper independently and in secret. Voters will have to register for the

service.



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PART 4: APPOINTING SCRUTINEERS AND SPECIAL

VOTING WITNESSES

4.1 Introduction

Each candidate at an election can appoint persons to be scrutineers and special voting

witnesses. Scrutineers and special voting witnesses need to be well briefed on their rights and

obligations.

A separate booklet, Information for Scrutineers, is available from the Electoral Commission, the

Returning Officer, or www.elections.org.nz and a briefing template for scrutineers is available

from the Returning Officer.

The Returning Officer will provide training for special voting witnesses.

A candidate may not be appointed as a scrutineer.

A law change means that scrutineers can now be at advance voting places.

4.2 Role of scrutineers

Candidates may appoint scrutineers to observe the conduct of the election in the following

situations:

Voting places and advance voting places

Scrutineers may observe the issue of votes during election day and advance voting, and the

preliminary count in voting places after 7pm. The number of scrutineers for a candidate in a

voting place at any one time must not exceed the number of issuing officers designated for the

voting place.

Scrutineers may:

require an issuing officer to question a voter who the scrutineer suspects of impersonation

or double voting,

communicate to party officials the names of persons who have voted in the voting place, observe the preliminary count.

Scrutineers must not talk to voters or help with the count.

Scrutineers may use laptops/tablets, but only on strict conditions. Scrutineers will not be

allowed to engage in any activity on these devices which would compromise the secrecy and

integrity of the voting place. Laptops can only be used to record name, page and line numbers.

Commenting on social media or using video or camera is not permitted.

If scrutineers have any concerns about the conduct of an election in a voting place they should

raise them with the Voting Place Manager.

PART 4: APPOINTING SCRUTINEERS & WITNESSES16


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Early count of advance votes

One scrutineer per candidate can attend the early count of advance votes at the Returning

Officers headquarters which commences at 2pm on election day. Scrutineers may not leave

the secured counting area in the Returning Officers headquarters before the poll closes at 7pm

without the Returning Officers permission.

Special vote declarations

Scrutineers may attend the office of the Registrar of Electors to observe the checking of special

vote declarations against the electoral rolls. Only one scrutineer per candidate may attend at

any given time.

Scrutiny of the rolls and the official count

One scrutineer per candidate may attend the scrutiny of the rolls and the official count at the

Returning Officers headquarters unless the Returning Officer allows more.

Judicial recount

Candidates may appoint a scrutineer to attend a judicial recount of electorate votes. The

provision is for one scrutineer per candidate unless the Judge allows more.

Hospitals and rest homes

Local party organisations may, with the approval of the person in chargeof a hospital or rest home, appoint scrutineers to accompany an electoral

official issuing hospital votes on or before election day.

4.3 Appointing scrutineers

Before being allowed to serve as a scrutineer, all scrutineers must make a declaration that

they will not compromise the secrecy of the poll. The declaration must be on formE20-S Dec

(obtainable from the Returning Officer) and must be made before the Returning Officer, Justice

of the Peace, a solicitor, a polling place manager, or an issuing officer. Only the ReturningOfficer, Justices of the Peace and solicitors can witness the declaration by scrutineers for the

early count of the advance vote.

Scrutineer appointments must be in writing and signed by the candidate. Scrutineers should

be provided with a copy of their written appointment to produce to electoral officials. The

appointment form can be an original, fax or photocopy. It must specify the voting place and/or

advance voting place that the scrutineer has been appointed to. It must also specify if a person

is being appointed for the early count, special vote declarations scrutiny and/or the official

count.

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The Electoral Commission has an optional form that you can use for appointing scrutineers

(Scrutineer App-Cand).

4.4 Special voting witnesses

Candidates may nominate people to be authorised by the Returning Officer as witnesses of

special voting declarations. These people may then witness the declarations of voters who

cannot get to a voting place on election day.

The Returning Officer may:

reject a candidates nomination but must give reasons for doing so, or

revoke an approval if the person nominated does not comply with the rules for witnessing

special vote declarations.

The Returning Officer will not approve special voting witnesses unless they have been trained

to the Returning Officers satisfaction. This is to avoid voters being disenfranchised by incorrect

procedures.

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PART 5: ELECTION CAMPAIGNING

5.1 Introduction

There are detailed rules in the Electoral Act 1993 and the Broadcasting Act 1989 on whatcandidates can and cannot do when campaigning. The key messages are:

Election advertisements published at any time, in any medium, must contain a

promoter statement.

Special rules apply for broadcasting election programmes on radio and television.

Election programmes can only be broadcast on radio and television from Writ

Day to the day before election day.

Other people cannot promote a candidate or party at any time without their

written authorisation.

A non-broadcast election advertisement can be published at any time except

on election day.

Campaigning on election day is a criminal offence.

This part of the handbook explains these rules in more detail.

Part 6 explains a candidates obligations concerning election expenses and donations.

Part 7 outlines the restrictions on election day.

5.2 All election advertising must contain a promoter statement

All election advertisements irrespective of when they are published must state the name and

address of the person that has initiated or instigated them (the promoter). [See section 204F of

the Electoral Act].

To meet the requirements of the Electoral Act, promoter statements must include the name and

address of the promoter and make it clear who has initiated or instigated the advertisement.

The form of words recommended by the Electoral Commission are:

Promoted orAuthorised by [name], [relevant full street address].

Failing to include a promoter statement is an offence and subject to a fine of up to $40,000.

The requirement for a promoter statement applies to all forms of election advertising in any

medium. If the election advertisement is published in visual form, the promoter statement must

be clearly displayed in the advertisement. If the election advertisement is published only in an

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audible form, the promoter statement must be no less audible than the other content of the

advertisement.

Whether a promoter statement has been clearly displayed will need to be determined on a case

by case basis taking into account the type of advertisement that is published.

In the Electoral Commissions view, this does not require that a person be able to read the

promoter statement from where an election advertisement is intended to be viewed, for

example on a billboard while driving. However, if a person inspects an election advertisement

he or she should be able to read the promoter statement.

Given that most websites allow the user to change the font size, as long as the promoter

statement is included and is readable, the size is unlikely to mean that the promoter statement

is not clearly visible. Where the website or webpage is an election advertisement, a promoter

statement does not need to be included in each picture, article or entry on the site, provided

the promoter statement is contained on the home page or the page that contains the election

advertising.

The Electoral Commission advises parties to include a promoter statement on their party lapel

badges as they may be considered to be an election advertisement (see Part 7 for further

information about party lapel badges).

5.3 Candidate election advertisements

Candidate advertisements for the purposes of the Electoral Act only relate to constituencycandidates. A constituency candidate includes any person who has made their intention to

stand as a constituency candidate publically known, i.e. notifying their intention to the press or

at a public meeting, or who has been nominated to stand as an electorate candidate and has

not withdrawn their nomination.

Candidate advertisements promoted by a candidate need to include a promoter statement that

features the candidates name and address.

The address can be the full street address of either the place where the candidate usually lives

or any other place where the candidate can usually be contacted between the hours of 9am and

5pm on any working day. A Post Office box or website address is insufficient.

The Electoral Act does not define what is meant by any other place where he or she can usually

be contacted between the hours of 9am and 5pm on any working day.

The Electoral Commissions view is that this can include for example:

the candidates campaign office address,

the candidates party headquarters address, or

if the candidate is an MP, the MPs parliamentary or out-of-Parliament address,



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provided that this is where he or she can usually be contacted between the hours of 9am and

5pm on any working day. You do not always have to be physically at this address during these

hours but it must be an address from where you can be contacted within a reasonable period of

time. Candidates may need to consult their employer before including a work address on any

election advertising.

As well as promoting yourself, you may

promote the party vote with the written

authorisation of your party secretary, but

the costs then have to be apportioned

between your election expense return

and the partys expense return. You

should consult your party secretary in that

situation. [See sections 204H, 205EA and

206CC of the Electoral Act].

If a candidate promotes an advertisement that is both a candidate and party advertisement,

only one promoter statement is required. In this case, the candidate is the promoter and the

advertisement will only need to include the name and address of the candidate.

Similarly, advertising undertaken by your party that may reasonably be regarded as promoting

your candidacy will require your written authorisation and disclosure in your election expense

return. Candidate advertisements promoted by your party must include the party secretarys

name and address in the promoter statement.

Third parties cannot promote a candidate without their written authorisation. For more

information see paragraph 5.7.

5.4 What is an election advertisement?

An election advertisement is an advertisement in any medium that may reasonably be regarded

as encouraging or persuading voters to:

vote or not to vote for a constituency candidate (whether or not the name of the candidateis stated),

vote or not to vote for a party (whether or not the name of the party is stated),

vote or not to vote for a type of candidate or party described by reference to views or

positions that are, or are not, held or taken (whether or not the name of the candidate or

party are stated). [See section 3A of the Electoral Act].

The Electoral Act does not define advertisement but, because the definition of election

advertisement covers an advertisement in any medium, the Electoral Commission considers

that the term advertisement should be interpreted broadly. For example, it is not limited to


A strong voice forMATIU/SOMES IS.

JoeBloggs

PROMOTED BY JOE BLOGGS, 18 FARM TRACK, MATIU/SOMES ISLAND


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Personal political views online

There is an exemption for the publication of personal political views by an individual on the

Internet or other electronic medium, provided the individual does not make or receive payment

for publishing those views. Individuals expressing personal political views on social media such

as Facebook and Twitter are covered by this exemption and will not need to include a promoter

statement.

This exemption does not extend to political views expressed on behalf of a party because the

exemption is restricted to the publication of personal views by an individual.

Where an election advertisement posted on Facebook, Twitter, other social media site is liked,

shared, retweeted or reblogged by another person, it is the Electoral Commissions view that

the individual content appearing elsewhere online will not require a promoter statement if it

appears on those other pages as the expression of personal political views by an individual who

does not make or receive payment in respect of the publication of those views.

Member of Parliaments contact details

There is also an exemption for the publication by members of

Parliament of contact information published within the regulated

period. (See paragraph 6.2 for the meaning of the regulated period

for a general election).

For the exemption to apply, contact information must:

be published by the member in the course of performing his or

her duties as a member of Parliament,

have been funded by the Parliamentary Service,

have been routinely published in the same medium, no more often, and to no greater

extent than, and in the same form and style as it was published before the regulated

period, and

not be combined or associated with an election advertisement.

The contact information must include all of the following:

the members name,

the members contact details, which can be a telephone number, physical or postal

address, and/or e-mail address, and

the name of the electoral district that they represent or the fact that they are a list member.

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

a photo of the member,

a party name,


Joe BloggsMP for Matiu/Somes Island

10 Waybury Path, Matiu/Somes Island

Ph: 0800 555 111


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a party logo,

the members constituency clinic times,

the website address for the member or the members party.

To fit within the exemption the proposed publication cannot include anything other thancontact information as outlined above. This exemption is only available to current MPs.

5.6 Parliamentary publicity

Members of Parliament who have announced they are standing as constituency candidates

need to consider whether parliamentary publications or signage, other than material covered by

the contact information exemption, may reasonably be regarded as encouraging or persuading

voters to vote for them. All MPs, even those not seeking re-election, need to consider whether

parliamentary publicity may reasonably be regarded as encouraging or persuading voters to

vote for their parties.

Care needs to be taken to ensure that election advertisements published at any time are

appropriately authorised and contain the required promoter statement. Candidate election

expenses can only be incurred by or with the authorisation of the candidate and party election

expenses can only be incurred by or with the authorisation of the party secretary.

Outside of the regulated period, the Parliamentary Service can fund election advertising

provided publicity is for a parliamentary purpose and does not explicitly solicit votes,

membership or donations. The Parliamentary Service cannot fund any election advertisingpublished during the regulated period. For more information about what publicity can be paid

for using parliamentary funds, please refer to the Parliamentary Service Publicity Guidelines,

which are available from the Parliamentary Service.

Whether publicity is candidate advertising must be determined on a case by case basis by

looking at an advertisement as a whole. At one end of the spectrum, advertising expressly

seeking support for a candidate is covered by the definition of candidate advertisement. At

the other, advertising an MPs contact details or a factual account of activities and events in the

electorate are unlikely to be considered to be candidate advertisements.

When considering a particular item of publicity, the following are some of the factors which

indicate that it may be a candidate advertisement:

references that directly or indirectly evaluate an MP and/or their partys effectiveness/

success during the parliamentary term or previously, whether or not referenced to any

other party or candidate,

references in the communication to the election itself,

references, direct or indirect, to an MPs and/or their partys policy platform for the election,

or what they will do if elected or re-elected,



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references to a candidate who is not an existing MP, and

formatting or branding of a communication in a manner similar to the partys own election

campaign material.

The Electoral Act does not provide for apportionment of costs between publicity that containselection advertising and an MPs parliamentary publicity. If the effect of any part of an item

of publicity can be reasonably regarded as encouraging or persuading voters to vote for a

candidate or not vote for another candidate, then the item as a whole will be regarded as a

candidate advertisement, with the total costs being attributable as an election expense.

For example, an advertisement which contains both material that can reasonably be regarded

as encouraging or persuading voters to vote for a candidate and factual information, such as an

MPs contact details, is likely to be regarded as a candidate advertisement and the total costs

of the advertisement attributed as an election expense, if it is published during the regulated

period (see Part 6).

In the event it is unclear whether parliamentary publicity is an election advertisement the

Commission is happy to provide an advisory opinion (see paragraph 5.8 below).

Further information for MPs is available in the Electoral Commissions publicationGuidance for

MPs Election Advertising Rules.

5.7 Election advertisements promoted by third parties

Third parties (persons or groups other than candidates and parties, or persons involved in the

administration of the affairs of a candidate or party) can promote candidate advertisements but

certain rules apply, including:

a promoter statement must be included on all third party election advertising so that the

public can see who is responsible for the advertisement,

where an election advertisement is promoted by a third party they will need to register as

a promoter with the Electoral Commission if they spend more than $12,300 on election

advertisements during the regulated period (from 20 June to 19 September 2014),

advertisements promoting your candidacy published by a third party must have your

written authorisation. An advertisement promoting the election of one or more candidates

must be authorised by each of the candidates. Advertising promoting both a candidate

and a party must be authorised by both the candidate and the party secretary,

the costs of any third party advertisements published during the regulated period (from 20

June to 19 September 2014) that you have authorised will count towards your candidate

election expenses and will need to be disclosed in your return of election expenses and

donations (see Part 6) as well as counting towards the third partys advertising expenses.



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For further information about the rules concerning advertising by third parties see the Electoral

Commissions publication Third Party Handbook - General Elections.

5.8 Requesting an advisory opinion from the Electoral Commission

You can ask the Electoral Commission for advice on whether, in its opinion, an advertisement

constitutes an election advertisement under the law. The opinion of the Electoral Commission

is not legally binding but reflects the Electoral Commissions interpretation of the law. A Court of

law may reach a different view. You may wish to seek your own legal advice. The Commissions

view is that relying in good faith on an advisory opinion is likely to be relevant to determining

whether a person had acted wilfully or taken all reasonable steps to ensure an offence was not

committed but that, of course, would be a matter for the Courts to determine.

To request an advisory opinion you will need to provide the Commission with a copy of the

advertisement and any relevant background information such as the details of when and how it

is to be published.

The Commission will treat the proposed advertisement, any supporting material, and the advice

given to the requestor as confidential until the day after the date for the return of the writ for

the election. Advisory opinions will then be made available on request, subject to the Official

Information Act 1982. This does not prohibit the requestor from releasing the advice at any time.

[See section 204I of the Electoral Act].

5.9 Party logos

The presence of your party logo in your advertising does not in itself make it a party

advertisement if the size and relative prominence of the logo is consistent with the purpose

of identifying you as a candidate for the party and could not be seen as going beyond that.

It will come down to matters such as the context, size, and relative prominence of the logo and

whether in the circumstances the presence of the party logo can reasonably be regarded as

encouraging or persuading voters to vote for the party [see section 3A of the Electoral Act].

If it is a party advertisement it will also require written authorisation from the party secretary.

5.10 References to websites

If advertising contains a website reference, you need to consider whether

the website contains material that could be election advertising.

Depending on how the website is being used in the advertisement,

the content of the website may be considered in determining whether the advertisement is a

candidate advertisement, party advertisement, or both, for the purposes of the Act.



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For example, if the statement: Go to www.voteforme.co.nz to find out more is included in a print

advertisement, both the content of the print advert and the website content would be taken into

consideration.

5.11 Radio or television advertising

There are separate rules applying to radio or television advertising as distinct

from other forms of advertising. [See Part 6 of the Broadcasting Act 1989].

Candidate advertisements may only be broadcast on television or radio within

the period beginning with Writ Day (Wednesday 20 August 2014) and ending

with the close ofthe day before election day (Friday 19 September 2014).

Electorate candidates may advertise on radio or television to promote their

election as an electorate candidate. The cost of an advertisement is an election expense of thecandidate. Candidates cannot share television or radio advertising with another candidate or

candidates. Candidates may include information about the party they represent and its policies,

for the purpose of promoting their own election. But they cannot attack the policies of other

parties or candidates.

Candidates broadcasts must not encourage voters to give their party vote to the party since this

would constitute a party broadcast to which special rules apply.

For example, a radio or television advertisement could say:

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

It must not say:

Tick Joe Bloggs, your Y Party candidate for Wellington Central, and give the Y Party your party

vote.

Party political broadcasting is governed by a separate regime from candidates, with

broadcasting time and money allocated by the Electoral Commission.

All broadcasts of election advertisements must include a promoter statement (see paragraph 5.2

above).

Candidates need to carefully consider whether any broadcasting that they undertake falls under

the definition of election programme for the purposes of the Broadcasting Act.

An election programme is defined as a programme that

(a) Encourages or persuades or appears to encourage or persuade voters to vote for a

political party or the election of any person at an election; or

(b) Encourages or persuades or appears to encourage or persuade voters not to vote for a

political party or the election of any person at an election; or



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

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

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

It includes visual images, whether or not combined with sounds, that consist predominantly of

alphanumeric text.

The broadcast election advertising rules do not apply to a broadcasters news, comment or

current affairs programmes.

If a question arises about whether a programme is an election programme, and whether it is or

is not protected by the exception for news, comment, or current affairs programmes, factors the

Electoral Commission will consider include:

the format, nature, and content of the programme, e.g. whether the format is chosen bythe broadcaster;

the extent to which the broadcaster retains control over the content of the programme;

are candidates and political parties subject to question and challenge?;

is the reporting objective and impartial?;

does the programme aim to inform the public by presenting a range of viewpoints (not

encourage or persuade)?;

whether the format, nature, or content of the programme has changed;

who initiated the programme, and when;

who has control of the programme production;

whether payment been made to the broadcaster for the broadcast time, or production costs;

if the programme has a regular schedule, and if that schedule is being maintained.

The Commission recommends a high degree of caution with party leaders or candidates

hosting live shows in the lead-up to an election, in formats that go beyond news, comments or

current affairs. Broadcasting such live shows, particularly unscripted shows, can easily result in

the broadcast being an election programme.

5.12 Press and other advertising

Advertising in forms other than radio or television can promote a

candidate and their party policies or attack another candidate and

their partys policies.

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

expenses.



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5.13 Canvassing and surveys

The rules relating to the requirement for a promoter statement and election expenses apply

to election advertisements that are published. However, the definition of publish expressly

excludes addressing one or more persons face to face. This means that face to face canvassing

activities are exempt from the requirement for a promoter statement and do not need to be

considered in terms of election expenses.

Whether telephone canvassing or surveys are election advertisements depends on their

content. The Electoral Act includes an express exemption for surveys and opinion polls from the

definition of election expenses, but this does not mean everything published in a survey format

will automatically be exempt, which is often a source of confusion. The Courts have found

that if a survey goes beyond merely eliciting voters views and can reasonably be regarded as

encouraging or persuading voters to vote or not vote for a constituency candidate or political

party (often referred to as push polling) then it will be an election advertisement.

If survey questions promote you or your partys policies or ask questions in a leading way

and direct the answers, then the survey is likely to be an election advertisement and needs to

comply with the election advertising rules.

The Electoral Commission is happy to review a proposed script or survey and provide a view on

whether or not it is an election advertisement, candidate advertisement and/or party advertisement.

5.14 Websites and social media

Where a website, including YouTube, Facebook, Twitter or other social media, is

used by a candidate, party or third party to express party or third party political

views the exemption for personal political views discussed in paragraph 5.5 does

not apply.

To determine whether a website or social media page is an election

advertisement, the Commission looks at the content of the site or page as a

whole. A candidate website may be made up of several pages containing, for

example, information about the candidate and their policies, how to volunteer ordonate to the candidate. If a candidate website has content that can reasonably be regarded

as encouraging or persuading voters to vote for the candidate or his or her party the whole

website will be an election advertisement.

The same approach is taken when considering social media. For example, whether or not a

partys Facebook page is an election advertisement, the Commission looks at the Facebook

page as a whole, including the content the party is responsible for publishing such as the partys

posts and profile photos. Generally, where individuals post comments on a partys Facebook

page the personal political views exemption is likely to apply to those posts.



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Where the website or webpage is an election advertisement, a promoter statement does not

need to be included in each picture, article or post on the site, provided the promoter statement

is contained on the home page or the page that contains the election advertising.

On Facebook we recommend you include the promoter statement in the About section. For

sites such as Twitter, YouTube and Pinterest the promoter statement can be included in the

landing page for your site.

Where you pay for an election advertisement to appear unsolicited on another persons web

page, for example, a promoted post or banner advertisement on Facebook or Twitter, a promoter

statement must be included on the advertisement itself. You cannot rely on a link back to

another page which contains a promoter statement. If there are a limited number of pixels to

include a promoter statement on the advertisement it is acceptable to abbreviate the promoter

statement, for example Promoted by Anthony Secretary, 111 Any Street, Auckland could be

abbreviated to A Secretary, 111 Any St, AKLD.

5.15 Broadcasting Standards Authority, Advertising Standards Authority, Online

Media Standards Authority, and Press Council

Election programmes on television and radio (including candidate

advertisements) come within the jurisdiction of the Broadcasting

Standards Authority (BSA). Election programmes must comply with

the Election Programme Code which is available on the BSA website

(www.bsa.govt.nz). Complaints are made directly to the Broadcasting Standards Authority

(online at www.bsa.govt.nz or PO Box 9213, Wellington). For advice on the Code contact the BSA

(telephone 0800 366 996 or email [email protected]).

The content of advertising in other media (including websites) comes

within the jurisdiction of the Advertising Standards Authority (ASA).

Advertising must comply with the ASA Codes of Practice. The codes

are available on the ASA website (www.asa.co.nz). Complaints can be made to the Advertising

Standards Complaints Board (telephone 04 472 7852 or email [email protected]).

The Online Media Standards Authority (OMSA) handles complaints

about news and current affairs published online by any of its

members. Online news and current affairs of its members must

comply with OMSAs Code of Standards. The code and list of

members are available on the OMSAs website (www.omsa.co.nz). Complaints can be made to

the OMSAs complaints committee online at www.omsa.co.nz.

The New Zealand Press Council is responsible for considering any complaints about the editorial

content of a newspaper, magazine or periodical in circulation in New Zealand (including their

websites).



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Generally a person bringing a complaint against a publication must, unless

exempted by the Executive Director of the Council, first lodge the complaint in

writing with the editor of the publication.

If the complainant is not satisfied by the editors response or receives no

response from the editor within a period of 10 working days from the date

on which the editor received the complaint, the complainant may then complain to the

Press Council (online at www.presscouncil.org.nzor PO Box 10 879, The Terrace, Wellington).

Complaints must be made in writing preferably using the online form.

Further information about the time limits for bringing complaints and the complaints procedure

are available at www.presscouncil.org.nz.

5.16 Electoral signs

Local authorities are responsible for regulating when, where, and how signs, including election

signs can be displayed. Candidates and parties should consult with their local authority about

the rules in their area before putting up any election signs.

The Electoral Act 1993 allows for election signs up to three square metres in size to be put up

in the two months before election day (from 20 July 2014). This provision overrides any more

restrictive local authority rules about sizing and timing of the display of signs.

Any local authority rules about things like application procedures and the location and density

of signs still apply. Larger signs may be put up if the local authority rules allow. Signs may be

put up earlier if local authority rules allow.

You must not pay an elector of a district for providing a place to exhibit a sign or hoarding in

that district unless it is in the course of the electors business.

It is an offence under the Electoral Act to display election signs on election day. There is no

other restriction in the Act on when electoral signs may be displayed.

You do not have to account for the costs of the framework used to support a hoarding as an

election expenses. (See Part 6 for more information on what are election expenses).

5.17 Using schoolrooms for election meetings

Electorate and list candidates are entitled to hold election meetings in public schoolrooms free

of charge (apart from the cost of power, cleaning and repairing any damage). Three days notice

must be given to the governing body of the school. Applications must be granted on a first

come first served basis.

31PART 5: ELECTION CAMPAIGNING


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5.18 Treating

Treating is the provision of food, drink and entertainment to persons with the intention of

corruptly influencing their vote and is a criminal offence.

[Refer to 217 of the Electoral Act for a full description.]

Section 217 is broadly phrased in the persons to whom it applies: it covers:

Actions by any person and extends both to their actions and actions by any other person

on his or her behalf; and

Actions whether taken directly or indirectly; and

Actions to or for any person.

Section 217 is broadly phrased as to the period during which it applies: it covers actions before,

during, or after an election i.e. it is always applicable.

Section 217 is broadly phrased as to the actions it covers: it makes anyone who:

gives;

provides; or

pays wholly or in part the expense of giving or providing;

any food; or

drink; or

entertainment; or

provision a word of uncertain application

liable for prosecution for the corrupt practice of treating, if done for the purpose of corruptly

influencing that person to, generally put, alter their voting behaviour or procure the defendants

election.

It also makes the person corruptly accepting the food, drink, entertainment or provision liable

for treating.

The consequences of a conviction for treating are major, including imprisonment, loss of a

Parliamentary seat or disqualification as a voter for 3 years.

Although the ambit is broad, the threshold for establishing treating is also high - a corrupt

intention is required. The Courts have previously held that the offence of treating requires an

intention on the part of the person treating to influence the votes of the persons treated.

The question of intention is an inference of fact which the Court has to draw. If in any case,

looking at all the circumstances, the reasonable and probable effect of the alleged treating

would be to influence the result of the election, or to influence the votes of individual voters,



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it might well be inferred that it was the intention of the persons treating that this effect would

follow. This means that the scale of what is being provided is relevant to whether the provision

would be likely to influence and whether the intention of the provider was to influence a voter.

The Electoral Act states that the provision of a light supper after an election meeting does not

constitute the offence of treating. The provision of a cup of tea or coffee and a light snack after a

campaign meeting, therefore is not treating.

There are very few Court cases on the offence which makes it difficult to be definitive about

what will constitute treating. However, in the Commissions view these are some of the factors

that we believe are relevant considerations:

the scale and commercial value of the food, drink , entertainment or other provision are

relevant. In our view this is key: treating requires a corrupt intent and a likelihood of

influence- it does not apply to ordinary hospitality that is incidental to a political meeting,

the target audience of the provision providing food, drink, and entertainment at an

AGM, campaign launch or annual party conference where the primary audience is party

members is unlikely to be treating, but providing food, drink and entertainment at a public

meeting carries more risk, and

the extent to which the provision is accompanied by other political material.

In the Commissions view, to avoid complaints it is prudent for parties and candidates and their

supporters to act cautiously and with restraint in providing food, drink especially alcohol - and

entertainment as part of their political activities.

Any person who is concerned that what they are proposing could constitute treating can seek

the view of the Electoral Commission on particular proposals and the Commission will provide

its view. The opinion of the Electoral Commission is not legally binding. A Court of law may

reach a different view. Parties and candidates who have concerns about compliance can also

seek their own legal advice.

5.19 Advance voting

Advance voting for those who are unable to get to a voting place on election day will be

available from 3 September 2014 (17 days before election day) up to the day before election

day (Friday 19 September 2014).

The prohibitions applying to electioneering on election day do not apply during the advance

voting period (for further information about the restrictions on election day refer to Part 7).

However, parties and candidates are asked to exercise restraint in the vicinity of advance

voting facilities to avoid complaints during and after the election campaign. (Locations will be

published on www.elections.org.nz).



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5.20 Contact with public servants

Public servants serve the government of the day. In order to maintain the confidence of

successive governments, they must act and be seen to act apolitically. Therefore, public

servants, whether in national, regional or local offices, must not comment on:

party political matters, or

the merits of Government policy, or

alternatives to Government policy.

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

You, like any other member of the public, may get information from public servants under the

Official Information Act.

You can get more detailed information on contact with public servants from the State Services

Commissions website: www.ssc.govt.nz



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PART 6: ELECTION EXPENSES AND DONATIONS

6.1 Introduction

Candidates are responsible for managing their obligations in respect of election expenses and

donations for an election, including recording and disclosure.

ELECTION EXPENSES

6.2 Expenditure limit

The regulated period for the 2014 General Election will start on Friday 20 June 2014, and will end

with the close of the day before election day (Friday 19 September 2014).

An electorate candidates election expenses during the regulated period must not exceed

$25,700 (including GST). It is a serious offence to spend more than this.

If you are representing a registered party, you should stay in touch with your party secretary

on advertising. This is because there can be boundary problems between advertising by

candidates and advertising by the party, with consequential effects on the expenditure limits

and expenditure returns of the candidate and the party.

The election expense regime does not apply to people who are list candidates only. Any

spending by those candidates promoting the party is an election expense of the party and must

be authorised by the party secretary.

6.3 Election expenses

A candidates election expenses are the costs of advertising in any medium that:

may reasonably be regarded as either encouraging voters to vote for the candidate, or

discouraging voters from voting for another candidate, or both (whether or not the name of

the candidate(s) are mentioned),

is published, or continues to be published, during the regulated period (from 20 June to 19

September 2014), and

is promoted by the candidate or any person (including a

registered promoter) authorised by the candidate.

[See section 205 of the Electoral Act].

Candidate election expenses include:

the cost incurred in the preparation, design, composition,

printing, postage and publication of the advertisement,

the reasonable market value of any materials used for the advertisement, including

PART 6: ELECTION EXPENSES & DONATIONS35


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materials provided to the candidate for free or below reasonable market value,

the apportioned costs for advertisements that promote two or more candidates, or a party

and a candidate (see paragraph 6.5 below for further information on apportionment).

[See section 3E of the Electoral Act].

A candidates deposit or the costs of food, hall hire, surveys or opinion polls, free labour, or

replacing materials destroyed through no fault of the candidate are not election expenses. The

cost of any framework that supports a hoarding (other than a commercial framework) is no

longer an advertising expense.

Surveys and opinion polls

The exclusion for surveys or opinion polls is not unlimited. If a survey goes beyond merely

eliciting voters views and can reasonably be regarded as encouraging voters to vote for aconstituency candidate or a political party then it will not be a survey or opinion poll for the

purposes of the Act. It will be an election advertisement and the costs associated with the

survey are election expenses. The Electoral Commission is happy to review a proposed script

or survey and provide a view on whether or not it is an election advertisement, candidate

advertisement and/or party advertisement.

If it is a candidate advertisement undertaken by phone canvassers who provide their labour free

of charge, the costs are exempt. Any other costs incurred (for example, line rental and costs of

any calls) would be an expense. The costs of paying any canvassing company to undertake the

canvassing would be an election expense.

Signage on vehicles

The costs of candidate advertisement signage on campaign cars and other forms of mobile

candidate advertising are election expenses. However, advertising expenses do not include the

running costs of any vehicle used to display an election advertisement if the use of the vehicle

for that purpose is not the subject of a contract, arrangement or understanding for payment.

Websites

Election expenses in relation to candidate advertisements published on a website include the

costs that you incur preparing, designing and publishing the advertisement including hosting

fees. They do not include the costs of setting up and maintaining the hardware and software

infrastructure of the website.

Items distributed for public display

If you distribute items such as t-shirts, bumper stickers and flags before the start of the

regulated period, you should assume that they will continue to be displayed during the



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regulated period and include the cost of these items as an election expense. [See section 205D of

the Electoral Act]. (See paragraph 6.5 for details on how the expense is apportioned).

However, care should be exercised with such items because you could be exposing your

supporters to the risk of prosecution if they display the items on election day(see paragraph 7.2).

Re-used materials

Expenses cannot be apportioned between elections. If materials such as banners are purchased

and then re-used in subsequent elections, at each subsequent election you must account for

the reasonable market value of the materials as an election expense. We advise candidates to

err on the side of caution when determining reasonable market value. We suggest that a party

either use the price that was originally paid for the item, or if this is not known, what the item

would cost to purchase now based on two quotes.

Staff time

The cost of labour provided to you free of charge is not an election expense. The cost of paid

campaign staff, for example a campaign manager, is also not an election expense unless the

staff member is directly involved in the preparation, design, composition, printing, postage or

publication of election advertising. An example where paid staff might be an expense is where

the staff member is directly involved in preparing copy or artwork.

6.4 Election expenses paid for before or after the regulated period

Expenses paid for or incurred either before the regulated period or after electionday must be

included in the return to the extent to which they relate to election advertisements published

within the regulated period.

6.5 Apportioning election expenses

Where a candidate advertisement is published before and during the regulated period, the

candidate is responsible for apportioning the advertising expenses so that only a fair proportion

of the expense is attributed to the regulated period.

It will also be necessary for a candidate to apportion election expenses if the total expenses of an

election advertisement relate partly to the promotion of the candidate concerned and partly for:

the party and/or

another candidate, or candidates.

Apportionment is a factual exercise determined by the circumstances of each case.

The Electoral Commission is happy to discuss any apportionment questions.

Candidates sharing advertising costs with a party seeking the party vote should discuss



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where a candidate sells over-valued goods or services the difference between the price

paid and the reasonable market value is a donation, for example a fundraising auction or

dinner,

where credit is provided to a candidate on more favourable terms than those prevailing at

the same time for similar credit, the value of the favourable terms is a donation.

The following are nota candidate donation:

volunteer labour,

goods or services provided free of charge to a candidate, or to any person on the

candidates behalf that have a reasonable market value of $300 or less, or

money provided by the candidate for his or her own campaign.

If a person or organisation gives or pays for goods or services that would otherwise be

candidate election expenses, or a candidates party gives or pays for expense items, the

reasonable market value of those items, whatever their value, should be recorded as an election

expense. If the reasonable market value of the items exceeds $300 it should also be recorded as

a donation.

6.9 Party Donations

A party donation is a donation of money, goods or services that is made to a party. Sometimes

a party donation will be made via a candidate or an electorate committee. If the donor does

not specify whether the donation is to the party or the candidate the presumption is that it is adonation to the party.

If you receive a donation that is for the party it must be transmitted to the party secretary within

10 working days of receipt or deposited into a bank account nominated by the party secretary.

You must also tell the party secretary:

That the donation is being transmitted on behalf of a donor

The name and address of the donor

Whether the donation is made up of contributions

In the case of contributions made by any individual contributor that either on its own or

when aggregated with other contributions made by the same contributor are greater than

$1,500; the name and address of the contributor, the amount of the contribution (or the

total amount of the aggregated contributions) and whether the contributor is an overseas

person, and

The total amount of any other contributions.

If the name and address of the donor are not known the donation must be treated as an

anonymous donation to the party.



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ELECTORAL COMMISSION40

6.10 Donations made up of contributions

A donation can be made up in part by funds contributed by more than one person

(contributors), for example where there is a collection or whip-round for a candidates campaign.

[See section 207 of the Electoral Act].

The total proceeds of a collection or whip-round are treated as a donation under the Electoral

Act. The person who collects the money will normally be the donor. The individuals who

contribute to the collection are contributors for the purposes of the Act.

If a candidate donation, other than an anonymous donation, is made up of contributions, the

transmitter or donor must tell the candidate:

the name and address of the donor,

that the donation is made up of contributions,

in the case of contributions made by any individual contributor that either o

Documents

Candidate Handbook 2013