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Home / New Zealand

Most submissions to Electoral Finance Bill want changes

John Armstrong
11 Nov, 2007 04:00 PM6 mins to read

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The main concern for organisations is the introduction of new limits on "third party" campaigning. Photo / Greg Bowker

The main concern for organisations is the introduction of new limits on "third party" campaigning. Photo / Greg Bowker

KEY POINTS:

Close to 90 per cent of the organisations making submissions on the Electoral Finance Bill have expressed concerns with at least some aspect of the troubled legislation.

But not everyone thinks the bill is deeply flawed and should be scrapped.

Some organisations which made submissions to Parliament's electoral
law and justice committee do not think it is tough enough.

They want the bill strengthened even further to ensure the way political parties are funded is as transparent as possible, for example by demanding full disclosure of anonymous donations or tougher penalties for those infringing electoral law.

But this group, which not surprisingly includes the Labour Party, is very much in the minority. Only six of the around 70 organisations making submissions on the bill have no real beef with its component clauses.

The remaining submissions fall into three broad categories.

The first encompasses those lobby groups - such as the Coalition for Open Government, some trade unions and various tertiary students' associations - for whom the bill poses a major dilemma. They support its broad objectives in seeking to thwart efforts to "buy" elections. But they have major problems not just with the bill's wording and definitions, but with the manner it goes about meeting its objectives.

The second category covers organisations - such as the Press Council and the Meat Industry Association - which have expressed no opinion on the bill's overall merits, but similarly have reservations about the content and detail.

The third category - nearly half of those organisations which made submissions - are far less equivocal. Some - like the Hospitality Association - acknowledge the bill's "laudatory" objectives. But they do not hold back in condemning the bill's component clauses for curbing free speech and infringing human rights. They want the bill to be substantially rewritten or work to start again, this time with full public consultation before legislation is drafted.

The remaining submissions - notably one from the Law Society - want the bill to be scrapped completely.

Without generalising too much, those organisations more to the left of the political spectrum are more supportive of the bill, while those more to the right want it withdrawn.

Not surprisingly given the number of lobby groups making submissions, the predominant concern worrying organisations is the introduction of new limits on "third party" election campaigning.

These are seen as having a detrimental impact on pressure groups' ability to represent their members and advocate their point of view - especially as restrictions on lobby group spending will apply to all of election year.

There is unhappiness about the extra costs flowing from the requirement to register as a "third party", while the $60,000 limit on how much any one organisation can spend on election-related advertising in election year is regarded as far too low.

Overall, opinion is split between those who oppose outright the extended "regulated period" as infringing rights of free speech against those who argue wealthy individuals and organisations should not be able to spend huge amounts of money to try to influence the result of an election.

The second aspect dominating submissions is the widespread view that the definition of what constitutes an "election advertisement" - and thus falling within the $60,000 limit - is far too broad.

WHERE THE PARTIES STAND

LABOUR - SUPPORT - 49 VOTES
Designed the bill then realised how unpopular it was. Stopped defending it in Parliament but is now doing deals on amendments to ameliorate it.

NATIONAL - OPPOSE - 48
Wants the bill tossed out altogether.

NZ FIRST - SUPPORT - 7
Helped to get rid of state-funding of political parties from Labour's original wish-list. Is now its most vocal supporter next to Labour.

GREENS - SUPPORT - 6
Wanted a proper public inquiry before the law was drafted but supported it to select committee anyway. Focused on getting a more transparent donations regime.

MAORI PARTY - OPPOSE - 4
Wants the bill ditched altogether on the basis it will reduce participation in the democratic process.

UNITED FUTURE - LIKELY SUPPORT - 2
Voted for it to go to select committee, has been working on improving it and is likely to support amended bill at third reading.

ACT - OPPOSE - 2
Successfully got the Human Rights Commission to advise the committee on improvements but will oppose nonetheless as fetter on free speech.

GORDON COPELAND - 1
Concerns with it but unsure about final vote.

TAITO PHILLIP FIELD - 1 -
Unknown

* Labour, New Zealand First and the Greens' vote will total 62, enough to narrowly pass the bill in the 121-seat Parliament.

THE ELECTORAL FINANCE BILL: THOSE FOR AND AGAINST

Who backs the bill and who doesn't: how the public submissions to Parliament's justice and electoral committee from various organisations and lobby groups line up.

STRONG BACKING FOR THE BILL
The Alliance.
Campaign Against Foreign Control of New Zealand.
Council of Trade Unions.
Labour Party.
Public Service Association.
Whitirea Community Law Centre.

SUPPORT INTENT OF BILL, BUT HAVE CONCERNS WITH SOME ASPECTS
Coalition for Open Government.
Caritas NZ.
Engineering, Printing and Manufacturing Union.
ECO.
Forum for Auckland Sustainable Transport.
Greenpeace.
Massey University Students' Association.
National Council of Women.
New Zealand Educational Institute.
NZ Federation of Voluntary Welfare Organisations.
NZ University Students Association.
Otago Polytechnic Students Association.
Post Primary Teachers Association.
Presbyterian Support.
Property Council of New Zealand.
Recruitment & Consulting Services Association.
Service Workers Union.
NZ Drug Foundation.

NO DECLARED POSITION ON BILL OVERALL, BUT HAVE CONCERNS WITH SOME ASPECTS
Press Council.
Council for International Development.
Internet Society.
Local Government New Zealand.
Meat Industry Association.
NZ Health Trust.
Institute of Chartered Accountants.
Forest&Bird.
NZ Medical Association.
Public Relations Institute.

STRONGLY OPPOSE BILL AND SEEKING MAJOR CHANGES
Albany Students Assocation.
Family First.
Grey Power Greymouth Association.
Sensible Sentencing Trust.
NZ Chambers of Commerce.
NZ Council of Victim Support Groups.
NZ Federation of Business and Professional Women.
Manufacturers' Association.
Pharmacy Guild.
Anti-Vivisection Society.
Council of Licensed Firearms Owners.
West Lynn Garden Society.
Business Hutt Valley Ltd.
Grey Power Christchurch.
Grey Power Whangarei.

STRONGLY OPPOSE BILL AND WANT IT SCRAPPED , WITHDRAWN IN CURRENT FORM, OR SUBSTANTIALLY REWRITTEN
Law Society.
Act.
Maxim Institute.
Business NZ.
Cosmetic Toilet & Fragrance Association.
Direct Selling Association.
Employment and Manufacturers Association (Central).
Employment and Mnaufacturers Association (Northern).
Federated Farmers.
Greenhouse Policy Coalition.
Hospitality Association.
Human Rights Commission.
Insurance Council.
Kyoto Forestry Association.
Norml.
Libertarianz.
Whangamata Ratepayers.
Council for Infrastructure Development.
Retailers Association.
Warkworth Grey Power.

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