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Home / New Zealand

Electoral bill 'dramatic assault' on freedom

By Maggie Tait and Grant Fleming
17 Sep, 2007 05:50 AM3 mins to read

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Helen Clark said the Government was open to changes.

Helen Clark said the Government was open to changes.

KEY POINTS:

Teacher unions today spoke out against the Government's bill reforming electoral law while the Human Rights Commission slammed it as a "dramatic assault" on freedoms.

Prime Minister Helen Clark, at her post Cabinet press conference, tried to assuage concerns saying the Government was open to the bill being
changed.

On its submission posted on Parliament's website The Human Rights Commission said the Electoral Finance Bill should be scrapped.

The bill caps third party spending on advertising at $60,000 during the election year, which would start at January 1, rather than the current three-month period. It also includes a wide definition of advertising which would stop groups voicing opinions if they were the same as those adopted by any political party.

"The bill in its current form represents a dramatic assault on two fundamental human rights that New Zealanders cherish, freedom of expression and the right of informed citizens to participate in the election process," the commission said.

"The proposed legislation lacks public authorisation and as a consequence will undermine the legitimacy of political processes. It requires radical change."

The Post Primary Teachers Association (PPTA) secretary Kevin Bunker said the bill could limit free speech.

He was unhappy about strict disclosure requirements for third parties while political parties could continue to use secret trusts.

PPTA policy spokeswoman Bronwyn Cross said the bill also had the potential to constrain the union's role as an employment advocate for its members in an election year - as campaigning publicly for better pay or conditions in the midst of a dispute could be seen as political activity.

The New Zealand Educational Institute (NZEI) said political parties should face the same rules in those it was trying to impose on third parties.

Asked about the critical submissions Miss Clark said the Government was "relaxed" about concerns being aired and the bill could be changed.

"It wouldn't be the first bill to go to a select committee and come out amended the other side," she said.

Pressed about the strong opposition Miss Clark said she would not provide a "running commentary" on submissions.

"These are all concerns which should legitimately be aired in the select committee process. You improve bills when people come in and put a point of view and then you look at how you can accommodate legitimate concerns. This is a normal process and we've indicated quite some time ago that we are perfectly happy to work on improving the bill through that process."

She said Justice Minister Mark Burton had handled the bill "as well as anybody could".

The bill was drafted in response to controversies that came out of the 2005 election, when the Exclusive Brethren ran a campaign against Labour and the Greens.

However it does not address anonymous donations and funds being channelled through trusts.

That has been put off for a yet to be appointed panel to consider and won't be reporting back until after next year's election.

Miss Clark said public funding would be needed if anonymous donations were stopped "because there's a grave risk of donations drying up".

She said New Zealand had "much more loose law" around election financing than other western countries.

"So of course when you move to write new law there will be debate about the wording; there will be debate about the scope; there will be debate about thresholds; all that is to be expected but the debate is healthy."

She was unaware of a suggestion that Government departments would be considered third parties.

- NZPA

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