3. Hon BILL ENGLISH (Deputy Leader—National) Link to this
to the Minister of Justice
Is it the Government’s policy that groups intending to spend more than $12,000 on election advertisements must register with the Electoral Commission as a third party; if so, why?
Hon ANNETTE KING (Minister of Justice) Link to this
It is a requirement under the Electoral Finance Act 2007.
Does the Minister consider that the parliamentary Labour leader’s office must register as a third party, given that the brochure I am holding was produced entirely on the initiative of that office, and that the cost of producing and distributing the brochure nationwide is likely to exceed $12,000?
It is not the role of the Minister of Justice to provide this advice; that is a matter for the relevant authorities.
Is the Minister aware that both Mike Smith, the general secretary of the Labour Party, and a spokesman for Helen Clark, Prime Minister, have said that the New Zealand Labour Party had nothing to do with producing this brochure; if that is the case, does not that mean that the parliamentary Labour leader’s office is in fact the promoter, and should have authorised it, and not the Labour Party, which has said on public record that it has nothing to do with this pamphlet?
Can the Minister confirm that under that Electoral Finance Act—if she has actually read it—any organisation separate from the New Zealand Labour Party that wants to spend more than $12,000 promoting the Labour Party must register as a third party; and why would it be different for the parliamentary Labour leader’s office than for any other group of people?
I have read the Electoral Finance Act, as have other members in this House, and I presume that when the National Party has put out policies so far on its website, it has an authorised website, and has the parliamentary crest on it. That party is not intending to register as a third party, so what is the difference?
Can the Minister give us advice about the only two options that are available under the legislation: either the brochure is produced by the parliamentary Labour leader’s office, in which case that office must register as a third party, or the brochure is produced by the New Zealand Labour Party, in which case the brochure needs to be counted as an election expense because it cannot possibly have a parliamentary purpose?
Who will decide, then, on the provisions of the Electoral Finance Act requiring third parties who spend over $12,000 on election advertising to register—will the Minister decide, will the Electoral Commission decide, or will the Minister leave it to the courts to decide after the election?