Electoral bill supporter first to test new law

New Zealand First has become the first party to be reported to the police for allegedly breaching the Electoral Finance Act.

The Electoral Commission has released four decisions regarding complaints about possible breaches of electoral law.

Three of these were rejected, but one regarding NZ First's use of banners was deemed by the commission to be bad enough to warrant investigation by the police.

The complaint from National's Deputy Leader Bill English concerned banners on a house in Tauranga that did not state the name and the address of the promoter of the election advertisement.

The commission said the banners were clearly trying to encourage people to vote for NZ First and they should have contained details of the promoter.

The commission's decision said NZ First's financial agent did not respond to its request for comment on the complaint.

The decision said while "inconsequential" breaches did not have to be reported to the police, it was in the public interest that the matter be considered for prosecution.

"The commission will report to the New Zealand Police the facts upon which it bases its belief that an offence has been committed."

NZ First was one of the parties that voted for the law.

A complaint from the Herald's political editor Audrey Young that a National Party flyer was an election advertisement that did not have a promoter's statement was rejected by the commission.

It said the leaflet called "Join the conversation" was described by National as not talking about the election, but about listening to people and developing policy, both of which were legitimate parliamentary activities.

The commission agreed that the "overall character" of the flyer was not to encourage people to vote or not vote for a party.

Two other complaints regarding Green Party posters and a billboard were rejected by the commission as inconsequential or not to have been breaches of the Act.

The commission is currently dealing with a small barrage of complaints and requests for clarification of the law.

One of these concerns whether logos could be deemed to be election advertising and therefore in need of a promoter's statement.

Since the National Party leaflet "Join the conversation" contains logos and has no promoter's statement it appears likely the commission will rule that logos alone do not need them either.

- NZPA