5. Hon TONY RYALL (National—Bay of Plenty) Link to this
to the Minister of Justice
Does he agree with the statements of the Chief Electoral Officer that the Labour pledge card and the A2-size pamphlet headed “Working together” “clearly encourages … voters to vote for the Labour Party” and that “the expenses of these publications should be included in your [Labour’s] return of election expenses.”; if not, why not?
Hon MARK BURTON (Minister of Justice) Link to this
Madam Speaker, it would be inappropriate for me to comment on what are legal interpretations of the Chief Electoral Officer made in the course of his duties under the Electoral Act 1993.
Hon Peter DunneI raise a point of order, Madam Speaker. In this part of the Chamber we heard nothing beyond “Madam Speaker” in the Minister’s reply. I wonder whether he could repeat the answer and whether it could be heard in silence.
It would be inappropriate for me to comment on what are legal interpretations of the Chief Electoral Officer made in the course of his duties under the Electoral Act 1993.
Has the Minister seen the letter from the Chief Electoral Officer sent on 2 September last year, 2 weeks before the election, to the Labour Party that clearly states that Labour’s pledge card should, and must, be included as an election expense, and what action would he expect an honest political party to take having received such a detailed warning from the Chief Electoral Officer if it wanted to avoid acting corruptly?
I am aware of the letter the member refers to, but it was not addressed to me. I have no ministerial responsibility for the correspondence in question.
I raise a point of order, Madam Speaker. The Minister failed to address the question about what he would expect an honest political party to do that wanted to avoid acting corruptly having received that advice.
Madam SPEAKERHas the Minister seen the advice of the Chief Electoral Officer, sent on 12 September—before the election—that this fold-out brochure, with a picture of a woman who purports to be the Prime Minister, should be included in the Labour Party’s election expenses, and what action would this Minister think an honest political party would take having received its second warning that this taxpayer-funded material should be declared an election expense to avoid acting corruptly?
I just note that the Minister is not responsible for the party, but if he wishes to address the question for matters he is responsible for then that is fine.
Indeed, I am not the person who is responsible for the administration of the Labour Party. However, I repeat to the member that it would be inappropriate for me to comment on what are legal interpretations of the Chief Electoral Officer made in the course of his duties under the Electoral Act 1993.
Can the Minister confirm that the Electoral Commission told the police that the Labour Party had spent more than it was legally permitted to, and that this was referred to the police despite repeated warnings to the Labour Party from the Chief Electoral Officer, and can the Minister confirm that under electoral law this is indeed a corrupt practice?
It would be inappropriate for me to comment on any legal interpretation of the Chief Electoral Officer in pursuit of his duties under the Electoral Act. I do not have ministerial responsibility for the police’s response.
Was the Minister advised by the Chief Electoral Office that 3 days before the election the Labour Party had offered to include the cost of this pledge card, which includes the Minister’s picture, in its election return, but in the days after the election, when the Chief Electoral Officer could not make a statement that would affect the election, the Labour Party advised that it would not be including the cost of the pledge card in its election spending, and can the Minister confirm that when a party breaks the law in that way it is indeed a very corrupt practice?
No, I was not so advised, but I would not expect to be because it is not within the realm of my ministerial responsibility.
Is the Ministry of Justice undertaking, or has it undertaken, any work on resolving the issues foreshadowed in the Auditor-General’s draft report on advertising from parliamentary funds; if so, what is that work?