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Election Spending—Law Reform Proposals

Tuesday 10 October 2006 Hansard source (external site)

English4. Hon BILL ENGLISH (National—Clutha-Southland) Link to this
to the Minister of Justice

What options has the Ministry of Justice proposed in relation to election law reform, and have these been considered by the Cabinet?

BurtonHon MARK BURTON (Minister of Justice) Link to this

As I have informed the House on previous occasions, I am undertaking a review of the electoral finance regime, focusing on electoral expenses, advertising, and broadcasting. I have not yet put advice to Cabinet.

EnglishHon Bill English Link to this

Is the Minister aware that, regardless of what findings the Auditor-General makes regarding the pledge card funding, the Chief Electoral Officer advised the Labour Party before the election that the pledge card counted as electioneering regardless of who funded it, and, therefore, Labour exceeded the campaign expenses limit set by section 214B of the Electoral Act?

BurtonHon MARK BURTON Link to this

As I have previously also informed the House, it would be inappropriate for me to comment on what are any legal interpretations made by the Chief Electoral Officer in the course of his duties under the Electoral Act 1993.

EnglishHon Bill English Link to this

Is the Minister aware that his Cabinet colleague the Hon Pete Hodgson agreed with the view held by the Chief Electoral Officer that the pledge card counted as a campaign expense—and therefore Labour exceeded the limit on campaign expenses—when Mr Hodgson said: “the public would say that it is clearly for political purposes … of course it is … If it wasn’t we would put out a pledge card the day after the election not before it.”; and when is his party going to start keeping the law instead of trying to change it?

BurtonHon MARK BURTON Link to this

As to the latter, I say to Mr English that it is Parliament that makes and changes law; as to the former, no, I am not aware that that is my colleague Mr Hodgson’s view.

EnglishHon Bill English Link to this

Is the Minister concerned that when Pete Hodgson said publicly in the Sunday Star-Times that the pledge card was electioneering, he directly contradicted what Labour Party officials told the police when they said that the pledge card was normal parliamentary activity?

BurtonHon MARK BURTON Link to this

I am not aware that the comment the member refers to is an accurate reflection of any comment my colleague made.

EnglishHon Bill English Link to this

Can the Minister think of any change to the law that would prevent abuse of it by a Minister who says the pledge card was electioneering, by party officials who told the police the opposite—when they said the pledge card was normal parliamentary activity—and by a governing party that blatantly exceeded the campaign expense limit by almost half a million dollars and seems to feel pleased it got away with it?

BurtonHon MARK BURTON Link to this

I can think of a number of things that could be done with electoral law to prevent the hiding and channelling of vast amounts of money through mates’ trust accounts.

CullenHon Dr Michael Cullen Link to this

Has the Minister seen any reports indicating any substantive difference in type and nature between the pledge card put out by Labour and the pledge advertisement put out by the National Party when Bill English was leader—except, of course, that we intended to keep our pledges?

BurtonHon MARK BURTON Link to this

Save the fact that, indeed, the Labour Party intended to keep both its pledges and its leader, I can see no real difference.

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