Labour may go to court over leaflets

Labour is threatening to seek an injunction to halt National's election advertising after claiming National leader Don Brash's comment that he told the Exclusive Brethren to "go for it" was official authorisation for the religious group's leaflets.

Dr Brash yesterday said after he was told about the pamphlets at a meeting with church members he told them: "I said: 'Great, go for it. I attack the Government too.' "

Labour Party president Mike Williams said his legal advice was that the statement was authorisation under the Electoral Act for the leaflets, and therefore the $500,000 being spent by the group had to be added to National's advertising spend.

Labour would decide today whether to complain to the Chief Electoral Officer, David Henry, once calculations of National's total spend were done.

National's legal limit for the campaign is $2.24 million, but Labour is arguing that with the Exclusive Brethren's $500,000 added in, National is now over that limit.

Mr Williams estimated the religious group's spending was actually in the $650,000 to $700,000 region.

"They are in breach of the Electoral Act; if they're over the limit you've got to stop spending. It's as simple as that."

But an expert on the act, Victoria University law school lecturer Caroline Morris, cast doubt on Labour's interpretation of the law.

The first criterion to be considered was whether the advertising encouraged voting for a particular party. "I don't think you can necessarily say that anti-Labour or anti-Greens advertising is pro-National advertising." Authorisation also had to be in writing.

"Simply based on the evidence - the 'I told them to go for it' - I'd be very doubtful that that criterion is satisfied," Ms Morris said.

"A verbal endorsement or affirmation of a course of action does not amount to authorisation in writing - and authorisation in writing is what the act requires."

National, meanwhile, said it would file its own complaint over union advertising.

MP Murray McCully said unions and the Council of Trade Unions had been urging people to vote Labour and the Greens, and attacking National. "When they do that they must seek consent from the political parties involved and the cost of the advertising must come off the total Labour-Greens advertising allocation."

Council of Trade Unions president Ross Wilson said there were fundamental differences between its "clearly branded" election publications and the Exclusive Brethren church leaflets.

""This is a difficult area of the law but we have had advice from the Chief Electoral Officer."

What the law says

Most election advertising falls into three categories:

* Advertising by political parties, candidates or third parties encouraging support for those parties or candidates requires written authorisation by the party or candidate. Ads to carry name and address of person who directed it to be published.

* Advertising by third parties relating to election but not encouraging support for a party or candidate requires. Ads to carry name and address of person who directed it to be published.

* Negative advertising that discourages support for a political party or candidate requires. Ads to carry name and address of person who directed it to be published.

* Breaches carry maximum fine of $3000.