Dated: 26 November 2008

Decision Number: 2008-44

Subject:   Flyer captioned “From 1840 to 1960 we rose to a living standard of 3rd in the world Today we are 38th” delivered in the Hunua Electorate. The flyer overviews a range of legislative developments and states “Don’t get mad – Get Roger Douglas back into parliament! Vote for Roger Douglas and the ACT Party.” It also indicates “Vote National to change the government. Vote ACT to change the government AND change the direction of New Zealand towards prosperity and growth”, and goes on to discuss a variety of voting options under MMP and suggest the outcomes of some of those options.  The flyer does not contain a promoter statement.

Findings and Determination: 

Flyer distributed in Hunua electorate promoting Roger Douglas and ACT New Zealand is an election advertisement in favour of ACT, did not contain a promoter statement, and its publication was not authorised in writing by the financial agent for ACT. The failure to provide a promoter statement was not wilful and therefore no offence was committed in respect of that oversight, however the failure to obtain written authorisation from the party financial agent will be reported to the Police. 

Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007, by failure to provide a promoter statement. No offence committed under sections 63(4) and 65(4) of the Act as the failure was not wilful.  Contravention of section 65(1)(a) of the Electoral Finance Act 2007 by publication of an advertisement in favour of a party without written authorisation of the financial agent of that party.  The facts will be reported to the Police in accordance with section 70.