Annual report 2008
The annual report of the Electoral Commission for the year ended 30 Jun '08 was provided to the Minister of Justice on 30 Sep '08 and published by the commission on 2 Oct '08.
Key points
Electoral Finance Act 2007
The Electoral Finance Act 2007 (supported by amendments to the Broadcasting and Electoral Acts) made a number of significant changes to the compliance requirements on political parties and introduced compliance requirements for third parties beyond authorisation statements.
These changes have presented implementation and administrative challenges to all involved. The meanings of significant sections of the legislation are obscure. This situation has required – and will require – constant legal advice to assist with interpretation.
The commission is not confident that it will be able to reach informed positions on the interpretation of some provisions within the election period, and notes that the situation is exacerbated by the legal reality that it cannot finally determine questions of whether, for instance, an item is an election advertisement.
Registered political parties and logos
There were 18 political parties and 43 political party logos registered at the end of the year, during which four new parties registered and four parties asked to be removed from the register.
One registered political party has appointed someone its financial agent other than its secretary, who is otherwise the financial agent.
Listed third parties
There were nine third parties listed as at 30 June 2008. One listing application remained under fresh consideration at year end due to the High Court overturning a commission interpretation of the Electoral Finance Act 2007 which had been material to an earlier decision to list the applicant. This delay was affecting two other applications with potentially similar circumstances.
Donations disclosure
Seven parties were late in filing annual returns of donations, with reasons given that meant the legal threshold for reporting an offence was not met. The commission repeats its suggestion that parliament consider giving the commission the power to levy late filing fees for non-compliance with this and similar statutory requirements as an intermediate step to referral to prosecution.
Seven donations over $20,000 (totalling $292649.89 in favour of three parties) were reported under new provisions requiring this within 10 days of receipt.
No donors to parties or third parties used new provisions allowing them to donate via the commission, which must then protect donors’ identities.
International assistance
International contact included facilitation of two internationally funded training courses in New Zealand, and sharing aspects of New Zealand’s electoral experiences and administration with colleagues and visitors from Australia, Canada, United Kingdom, and United States of America.
Promotion of public awareness of electoral matters
MMP understanding tracking research revealed the highest-ever mid-cycle result correctly identifying the party vote as most important.
Qualitative research of young non-voters’ political literacy, culture, behaviour, and influencers allowed five psycho-graphic segments to be discerned; each with differing information and motivation needs.
Teachers in schools and other settings were supported with new online resources and promotion of these and existing tools.
The news media was a priority for professional development with support for pre-career and working journalists, and contribution to the establishment of a scholarship for prospective press gallery journalists.
The granting of Wallace awards and scholarships to reward and influence academic and student research interests, and links with tertiary institutions generally sought to inform academic work.
An Elections New Zealand pre-election roadshow reached 14 centres and about 700 community influencers, teachers, and service providers working with individuals least likely to have the knowledge, skills or motivation to enrol, choose and vote – such as the young, Maori, migrants, or the disabled.
Election information campaign
Strategic planning was completed for the 2008 general election MMP information campaign, which will recycle 2005 materials with the addition of fresh techniques and approaches to reach young adults, and an enlarged set of 21 languages used to present core enrolling, MMP and voting information.
Uncertainty and timing of funding for this regular and non-controversial statutory function present ongoing and unnecessary planning and workload challenges to the commission.
Broadcasting allocation
Nineteen parties claimed entitlement for consideration for an allocation from $3.2m, and state television and radio time of 72 and 30 minutes for opening and closing addresses. The commission made an initial allocation decision, to be finalised after nomination day. At 30 June 2008 one party had started proceedings seeking judicial review of the initial allocation decision.
Provision of advice on electoral matters
Electoral Commission staff provided commentary and advice as requested by the Justice and Electoral Committee of parliament as it considered the Electoral Finance Bill.
Organisation and capacity
The Elections NZ website shared by the three electoral agencies was reviewed and refreshed.