Proposed election year clamp down anti democratic

The Electoral Finance law could stop people reading messages opposing it or any other law in an election year, the Employers & Manufacturers Association (Northern) told Parliament’s Justice and Electoral Select Committee today.

EMA executive Garth Wyllie told the committee that under the electoral finance law organisations like the EMA could be prohibited from advertising that it does not agree with it.

“We believe the bill will impinge on democratic rights by suppressing freedom of speech,” Mr Wyllie said.

“Under this law in an election year we could not have run the Fix Auckland or Rev up campaigns to get a better deal for Auckland.

“It would also give government the power to override local government bylaws.

“The Bill would ban advertising and public debate initiated by ‘third parties’ (anyone or group other than political parties and election candidates) on issues the Government deemed to be ‘political’ issues.

“The ban would apply in an election year which is defined as starting on January 1st of a year in which a general election was to be held.

“Organisations like ours could be in breach of the law merely by holding meetings to discuss election policies with members. The Tui beer ads could be outlawed!

“The gap between the rights of those standing for Parliament to express themselves as they wished, and those wanting to comment as members of the public, would be vast.

“The Bill would also cap spending on ‘election’ campaigns or public issues at $60,000 a year, which is just enough to pay for two full page ads in the New Zealand Herald and not enough for a campaign.

“The law would allow candidates for Parliament to put election hoardings in places where others are currently prohibited under local government bylaws.

“We support ensuring balance in the electoral process, and fairness and transparency in electoral funding directly to parties or individuals during the lead up to an election.

“But while third parties should not run campaigns in support of or to reject a particular party, they must be free to bring specific issues to public attention.”

Specific points opposed by EMA included:

· The ‘election year’ period as defined;

· The definition of election advertising which includes non party, issue-specific advertising;

· The requirement for third parties to apply for registration, which may be declined;

· The requirement for election expenses for ‘political advertisements’ to be registered with the chief electoral officer;

· The extremely low thresholds for third party election expenses;

· The definition of election expenses to include normal lobbying activities;

· Exemptions from local government rules for election advertising, (a likely breach of property rights) which places election advertising hoardings above the law.



EMA submitted that the Bill not proceed before the 2008 general election next year to allow for proper consultation.