Listing of EPMU as a third party - Electoral Commission decision
At its meeting on 2 April the Electoral Commission considered the application from Andrew Little to list the Engineering, Printing & Manufacturing Union (EPMU) as a third party and the objection to such a listing from David Farrar.
The objection asserted that under sub paragraph 13(2)(f)(i) of the Electoral Finance Act 2007 the EPMU is ineligible to be listed as a third party because it is ‘a person involved in the administration of the affairs of a party’.
The first question to be considered was whether sub paragraph (i) refers to a natural person or a legal person. The Electoral Commission sought a legal opinion from Crown Law on this question.
The Crown Law opinion is that in the context of section 13(2)(f)(i) of the Electoral Finance Act 2007 ‘person’ means a natural person. Accepting this opinion, the Commission concluded that EPMU could not be a ‘person involved in the administration of the affairs of a party’ and consequently determined that the EPMU is eligible to be listed as a third party.
The EPMU will be listed as a third party on Thursday 17 April 2008 unless the Electoral Commission is ordered otherwise by a court.
This decision will be published on the Elections New Zealand website at about 3pm today (4 April 2008).
The Commission will not be making any public comment.
On behalf of the Electoral Commission: