2. Hon BILL ENGLISH (Deputy Leader—National) Link to this
to the Minister of Justice
Is it Government policy that publicity may count as an election advertisement if it refers to views, positions, or policies that are or are not held, taken, or pursued, whether or not the name of a political party is stated; if so, why?
Hon Dr MICHAEL CULLEN (Leader of the House) Link to this
It is the Government’s policy to abide by the decisions of the relevant authorities.
Can the Minister then confirm the Government’s policy is that, as expressed in the Electoral Finance Act, if a group runs an advertising campaign on an issue relevant to this year’s election and it is one on which political parties hold different opinions, then that group may well have to register with the Electoral Commission as a third party, or run the risk of committing an illegal act?
Hon Dr MICHAEL CULLEN Link to this
As I said, it is the Government’s position to abide by the decisions of the relevant authorities. In that case it would be the Electoral Commission’s decision.
Is the Minister aware that the Engineering, Printing and Manufacturing Union is planning a workers’ rights advertising campaign focused on this year’s election, and can she confirm that if the Electoral Commission refuses to register that union as a third party, then the union’s campaign is likely to be illegal under the Electoral Finance Act?
Hon Dr MICHAEL CULLEN Link to this
I am not here to offer legal opinions. The Engineering, Printing and Manufacturing Union will have to seek its own legal opinion and, indeed, be guided by the opinions of the Electoral Commission. I am sure that union will obey the law; if it does not, then the law, of course, will follow through in its consequences.
Why is the Minister so sure the Engineering, Printing and Manufacturing Union will follow the law, when statements made by the general secretary of that union and Labour Party councillor Andrew Little say that regardless of whether the union is registered as a third party, it will carry out a campaign, and when, according to the law, it is quite likely the campaign would be illegal if the union is not registered as a third party?
Hon Dr MICHAEL CULLEN Link to this
The member would do well to listen to my answer. I said if the Engineering, Printing and Manufacturing Union does not obey the law, then the law will follow through in terms of its consequences. The Government will certainly not interfere in those matters.
Is the Minister aware that if David Benson-Pope stands as an Independent in Dunedin South, as widely reported today, then the Electoral Finance Act would prevent him from putting out publicity that states: “Vote for me, but give Labour your party vote.”, unless his publicity is authorised by the Labour Party?
Would the Labour Party be willing to authorise David Benson-Pope’s publicity if it states: “Vote Labour on the party list, and vote for me as an Independent.”?
Hon Dr MICHAEL CULLEN Link to this
I raise a point of order, Madam Speaker. I am perfectly happy to answer the question, but there is an issue of principle here. The Minister of Justice is not responsible for the Labour Party, even though, of course, the Labour Party is responsible for justice.
Madam SPEAKERThe problem, quite simply, as you should have heard, Mr English—and if people would keep their comments down, then everyone could hear—is that the question was not within ministerial responsibility.
Has the Minister reflected on the possibilities that Labour has passed an Electoral Finance Act that would stop the Engineering, Printing and Manufacturing Union from running a workers’ rights campaign, something that anyone would expect that union to be able to do in a democracy—and it is probably not pleased about that—and that the Act would almost certainly stop David Benson-Pope from campaigning for the Labour vote if he was an Independent, which, I suppose, the Labour Party would be pleased about?
Hon Dr MICHAEL CULLEN Link to this
I am grateful to the member for making it clear that, in his view, if the Engineering, Printing and Manufacturing Union runs a programme on workers’ rights, that is a campaign on behalf of the Labour Party and against the National Party. [ Interruption]
Well, that is what they are saying. How does the Electoral Finance Act promote participation in democracy, as it claims to do in its purpose section, when 6 months before an election and almost halfway through the regulated period the Electoral Commission, which the Minister referred to as the body that is meant to make the decisions, says that the definition of an election advertisement is “a large grey area”, and that anyone who wants to have an opinion about an issue in an election year had better get a lawyer first?
Hon Dr MICHAEL CULLEN Link to this
The member has been around politics long enough to know that every party has always had to use lawyers to interpret what is appropriate in terms of advertising expenditure. In the past, under the Electoral Act there have been many cases after elections that have depended upon those legal interpretations. What we can say about the Electoral Finance Act in that regard is that it prevents people from trying to buy an election. Indeed, I call upon the Green Party to support the fact that it has reduced visual pollution this time compared with that in the last election period.