Electoral Commission asks Court of Appeal to clarify meaning of ‘election advertisement’ and ‘election programme’
The Electoral Commission today filed papers with the Court of Appeal seeking to clarify the meaning of “election advertisement” for the purposes of the Electoral Act following two recent decisions of the High Court that appear to take different approaches to the legal interpretation of its meaning. The Commission is also seeking to clarify the meaning of “election programme” under the Broadcasting Act.
“Clarification is needed to ensure the Commission is able to provide advice and guidance to parties, candidates and third parties on their obligations in respect of electoral matters,” says Robert Peden, Chief Electoral Officer.
The Commission is required under s204I of the Electoral Act to provide, on request, advisory opinions on whether a particular advertisement is an election advertisement for the purposes of the Act.
In the lead-up to the 2014 General Election, two cases were brought before the High Court challenging advisory opinions provided by the Electoral Commission which had advised that certain items were “election advertisements” under section 3A of the Electoral Act. The Commission has lodged an appeal of the more recent decision to clarify the approach the Commission should be taking to the interpretation of “election advertisement” when issuing advisory opinions and to “election programme” when providing advice on election broadcasting.
The appeal is limited to questions of law. The Commission is not seeking to challenge the findings in the Watson decision as they applied to the particular facts in that case.
While the appeal is before the court, the Commission will not be commenting further.
Greenpeace of New Zealand Incorporated & Ors v Electoral Commission [2014] NZHC 2135 decided on 8 September 2014 can be viewed here
Watson & Jones v Electoral Commission [2014] NZHC 666 decided on 2 April 2015 can be viewed here.