Mr Sherry declined to be interviewed at length about the issue, saying he was just heading out the door when the Bay of Plenty Times rang.
Asked if he would have the electorate believe he was Peter Pan and never ageing, he said: "That might very well be so and they might think what a wonderful range of pills he takes."
Mr Sherry then said he could not get excited about what Mr Harlen was attempting to do, before saying that he had to go. Asked if the Bay of Plenty Times could ring him later, he replied: "I can't add anything."
He then accused Mr Harlen of being "fixated on this" before hanging up his phone with the words: "I must go, I can't keep this car full of people waiting."
Mr Harlen told the Bay of Plenty Times Mr Sherry had not complied with the act. "I don't think that is right, I am pretty upset about that."
Ms Butt said she had received Mr Sherry's candidate profile on the basis it was a recent photograph and she did not refer back to previous elections' candidate booklets.
She said it was definitely something she would be checking in the 2016 election, as well as looking at the definition of "recent". She was not aware whether there was any firm advice or instructions of what determined a recent photograph.
Mr Sherry has previously declined to reveal his age to journalists. After telling the Bay of Plenty Times soon after the 2004 election that he had not entered his eighth decade, the journalist wrote that "early to mid-70s might be a good guess".