Court told Clarkson spent half his limit

Tauranga MP Bob Clarkson spent only half the $20,000 limit allowed to political candidates for campaign expenses, despite New Zealand First leader Winston Peters claiming he exceeded the amount by as much as five times, a court heard yesterday.

The National MP's lawyers said his campaign expenses amounted to $10,022.31 at the last day of a special hearing of the High Court at Tauranga.

The amount was revealed in response to an election petition from Mr Peters alleging that Mr Clarkson knowingly overspent the $20,000 limit, making him guilty of a corrupt act under the Electoral Act 1993.

Mr Peters' lawyer, Brian Henry, said Mr Clarkson had used his wealth and profile to reduce his election expenses and gain an illegal advantage over other candidates.

"This was the deliberate intent by this astute businessman in an effort to try and circumvent the level playing field [between candidates] and circumvent the legislation," he said.

The act requires Mr Peters to prove that Mr Clarkson was aware of overspending for the corruption allegation to succeed.

Mr Clarkson's lawyers, Colin Pidgeon, QC, and Peter Kiely, maintained that the burden of proof was high because of the consequences of a ruling against their client, who would lose his seat if found guilty.

Arguments from the two sides focussed on differing interpretations of the word "materials" in a section of the act related to election expenses.

The arguments centred on signs, billboards and advertisements featuring Mr Clarkson.

Mr Henry said a three-page supplement about Mr Clarkson in the Bay of Plenty Times was an election expense because it clearly promoted him.

But Mr Clarkson's lawyers maintained that he did not authorise the supplement.

A sign saying "Bob Clarkson Country" at Baypark Speedway, which is owned by Mr Clarkson, was also considered an election expense by Mr Henry.

He said the sign should have been taken down three months before the election if it was not intended as part of the campaign.

The judges hearing the case said Mr Clarkson's use of a campaign sign on a bus parked on private land showed ingenuity and initiative.

They also suggested that Mr Clarkson had the right as the lessee of a building to display a sign on that building without including the market value of the display space as a campaign expense, as Mr Henry had said was necessary.

The judges feared a "rash of electoral petitions" should the act be interpreted otherwise.

Chief High Court judge Justice Tony Randerson presided over the hearing with Justices Lowell Goddard and Graham Panckhurst.

Justice Randerson closed the proceedings by saying the judges bore a heavy responsibility as their findings could render Mr Clarkson's election void and make a byelection necessary.

He said they had a statutory obligation to deliver their judgment quickly, but did not say when that would happen.

The judges report to Parliament's Speaker, Margaret Wilson, who announces the result.

No appeal can be made. 

 
The Peters' petition

Winston Peters' election petition against Bob Clarkson is:
* The first of its kind under the Electoral Act 1993.
* The last successful election petition was in 1988, when Labour's Wairarapa MP Reg Boorman was forced to step down after National's Wyatt Creech proved he had engaged in overspending and voting misconduct.