new zealand--2011 global fda electoral fairness audit report

2011 FDA Electoral Fairness Audit of New Zealand's Parliamentary Electoral System

Electoral Fairness Audit Completed August 5, 2011

Executive Summary: New Zealand received an overall score of 54.75 percent for electoral fairness. The score means that New Zealand's constitutional and legislative basis for its democracy is unacceptable. Despite many elements of fairness such as the distribution of public electoral monies based on popular support and proportional electoral mechanisms, New Zealand has extreme unfairness in laws and regulations on the media's and broadcaster's political content. Private media and broadcasters have no restrictions on their political content, and the state broadcaster (TVNZ) and radio (RNZ) were privatized on July 12th, 2011. The political content issue impacted negatively the other electoral fairness sections. New Zealand needs to progress beyond unrestricted freedom of the media to restrictions on the freedom of the media in order to promote democratic plurality (like in France) and complete and balanced electoral coverage (like in Venezuela).

About the Foundation for Democratic Advancement:

The Foundation for Democratic Advancement ("FDA")'s mission is to advance fair and transparent democratic processes wherever elections occur. The FDA believes that fairer electoral systems and a more informed public will help ensure the election of candidates who truly represent the will of the people. The FDA fulfills its mission by performing detailed electoral audits on political candidates and parties to inform the public, objectively and impartially, about their electoral choices. Also, the FDA audits electoral legislation in terms of fairness and equity, and conducts ground level assessments of democratic processes. (For more information on the FDA visit: www.democracychange.com)

Purpose of Electoral Fairness Audit:

The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade and ranking for electoral fairness in New Zealand at the parliamentary level of government. (This Audit is part of the FDA’s global audit of electoral fairness involving all countries which hold political elections.)

This non-partisan, independent determination aims to give the citizens of New Zealand an informed, objective perspective of the fairness of the New Zealander parliamentary electoral system. The views in this electoral fairness audit are the views of the FDA only.

The FDA’s members and volunteers are in no way affiliated with the New Zealand Electoral Commission or any of the New Zealander registered/non-registered political parties.

The Audit is an independent assessment based on objectivity, transparency and non-partisanship. The FDA assumes no responsibility or liability for any errors in the calculation of its audit results or inaccuracies in its research of relevant New Zealander legislation.

Methodology of the Electoral Fairness Audit:

The FDA focuses on four key areas of electoral fairness:

1) Laws and regulations on the political content of media including newspapers, broadcasters and online media before, during, and after elections;

2) Laws and regulations on the equality of candidates’ and parties’ influence before, during and after elections, such as national televised debates, restrictions on candidate nominations, party registration requirements, etc.;

3) Laws and regulations on electoral finance, such as party and campaign donation limits, third party spending limits etc.; and

4) Laws and regulations on the equality of voter say before, during, and after an election. The FDA auditors looked at how New Zealander laws and regulations promote equality of voter say in the media, at the polling booth, through electoral finance and constitutional laws etc.

Foundation for Democratic Advancement

http://www.democracychange.com/

The FDA decided to audit these four areas of electoral fairness because, in our opinion, they are often ignored or overlooked by the international community in determining electoral fairness.Moreover, these four areas cover broad aspects of the electoral process in which fairness could be compromised significantly.

The FDA acknowledges that electoral laws and regulations may not necessarily correspond to the implementation of those laws and regulations or the public’s response to them. The implementation and response could be positive or negative, in terms of electoral fairness.

Nevertheless, laws and regulations provide the foundation for democracy, framework for the electoral system, and an indication of electoral fairness. Also, a country's constitutional and electoral laws are part of the reality of its democracy.

A further study which tracks the actions of mainstream media and the enforcement or non-enforcement of electoral laws and regulation, for example, would provide a more reliable overall determination of electoral fairness.

The FDA researched current New Zealander legislation, in relation to four areas of electoral fairness being examined. Following which, the FDA audited the research results via the FDA electoral audit team and established FDA scoring scales for the four areas of electoral fairness being audited.

Weighting and Scoring:

Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness and relevancy.

Each area of electoral fairness has a score range between 0 and 10, and each area is counted equally. The FDA auditors allow for overlap of electoral fairness areas, due to the interconnectedness of the areas. For example, electoral finance will be factored into the score for voter say and candidate and party influence if it is relevant to these areas.

The total averaged score will provide an indication of the electoral fairness in New Zealand .

The FDA electoral audit team deliberated on the research on each area of electoral fairness, and then attempted to reach consensus on the final score. Where no consensus could be reached, the individual scores of the team were averaged.

The final score for each area must be supported by more sound reasons and correspond to the established FDA scoring scale.


FDA Researchers:

Mr. James Cheung, FDA researcher and bachelor degree in Commerce (University of Calgary).Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science (University of British Columbia) and Masters degree in Environment and Development (University of Cambridge).

FDA Electoral Fairness Audit Team:

Chief Electoral Auditor:

Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science (University of British Columbia) and Masters degree in Environment and Development (University of Cambridge).

Electoral Auditors:

Ms. Lauren Babuik, FDA volunteer, news reporter experience, and 4th year major in International Relations (University of Calgary). Mr. Kyle Chisholm, FDA researcher and bachelor degree in sociocultural anthropology (University of Alberta).Mr. Antonio Espinoza, FDA technical expert and researcher, bsc in Engineering (San Francisco Xavier de Chuquisaca), MBA in progress (Private Technological University of Santa Cruz), computer science engineer, and Bolivian citizen. Mr. Dale Monette, FDA business development and marketing officer, and bachelor degree in Commerce (University of Saskatchewan). Mr. Davood Norooi, FDA researcher, masters degree in Mining Engineer, former employee of the National Iranian Oil Company, and Iranian citizen.Mr. Geoff Thiessan, FDA researcher and editor, bachelor degree in English Literature (University of Calgary), former freelance reporter, and Surface Land Administrator.Mrs. Liza Valentine, FDA design consultant and researcher, and masters degree in Architecture (University of Calgary).

Report Writer:

Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science (University of British Columbia) and Masters degree in Environment and Development (University of Cambridge).


Information Sources:

The following information was consulted and utilized in this audit report:

Bill of Rights Act 1990

Broadcasting Act 1989

Decision of the Electoral Commission on the allocation of time and money to eligible political parties for the broadcast of election programmes for the 2011 General Election. (May 2011)

Electoral Act 1993

New Zealand Media Law Update, Ursula Cheer (2001, 6, Media & Arts Law Review 317)

New Zealand Press Council: Principles

SavetheNews.org (On the state of New Zealand's public television)

Television New Zealand Act of 2003

Television New Zealand Amendment Bill of 2011

The Electoral Knowledge Network: New Zealand Electoral System

© 2011, Foundation for Democratic AdvancementAll rights reserved.Foundation for Democratic Advancement728 Northmount Drive NWPO Box 94Calgary, AlbertaCanada, T2K [email protected]


Table of Contents:Political Background on New Zealand 8

Chapter 1: Political Content of Media 9

Executive Summary 9

Research Excerpts 9

Score 16

Rational 16

Chapter 2: Candidate and Party Influence 17

Executive Summary 17

Research Excerpts 17

Score 31

Rational 31

Chapter 3: Electoral Finance 34



Score 43

Rational 43

Chapter 4: Voter Say 45



Score 49

Rational 49

Chapter 5: Overall Audit Results 50

Chapter 6: Analysis 51

Chapter 7: Conclusion 52

Chapter 8: Recommendations 53

Appendix: FDA Global Audit Results 55

Political Background on New ZealandLike many other Commonwealth nations, New Zealand's political system is marked by some familiar traits. The official head of state is Queen Elizabeth II, who in this case is represented by a Governor General. The head of government is the Prime Minister, who, with his cabinet and the monarchy comprise the executive. The New Zealand Parliament takes on the role of the legislative body and is unicameral, meaning there is only one house: the House of Representatives, rather than the more familiar bicameral structure.

New Zealand has what it terms the Constitution Act which broke the nation from reliance on Great Britain and formally sets out the power of government. Interestingly, it is not entrenched save for one provision: Section 17, which states that the terms of parliament, unless dissolved early, are three years from the "return of the writs" issued for the last general election. The Constitution Act and a collection of other acts, treaties, letters patent and constitutional conventions form New Zealand's constitution.

Source:New Zealand Constitution Act 1986

After two referendums in the early 1990s, New Zealand adopted a mixed member proportional (MMP) voting system in a unicameral Parliament with 120 members.

Foundation for Democratic Advancement Page | 8

Chapter One: Political Content of MediaChapter one will focus on the research and audit results of New Zealander laws and regulations with respect to the political content of media, including newspapers, broadcasters and on-line media, before, during and after elections.

Executive Summary: New Zealand received a score of 10 percent for fairness of the media's political content. The score means that New Zealand's laws and regulations on the media's political content is bordering on complete unfairness. There are no political content restrictions on New Zealand's media and broadcaster. Also, the New Zealand government privatized the state broadcaster (TVNZ) and radio (RNZ) on July 12th, 2011. Although there is a New Zealand Press Council with a code of ethics, the code does not address political pluralism and balanced and fair electoral coverage. New Zealand's major media and broadcasters have a significant unfair influence on New Zealand's electoral discourse. Small and new parties, for example, not connected to major media and broadcasters are at a severe disadvantage to parties which are connected.

Research Excerpts:

The following excerpts were identified by the FDA researchers as relevant. The FDA researchers made some excerpts bold to emphasize high relevance:

Broadcasting Act 1989:70 Prohibition on paid election programmes(1) Except as provided in subsections (2) and (2A), no broadcaster shall permit the broadcasting, within or outside an election period, of an election programme.

(2) Nothing in subsection (1) applies in respect of—

(a) an opening address or closing address that is broadcast—

(i) for a political party or group of related political parties; and

(ii) by TVNZ or RNZ during time allocated to that political party or group of related political parties under section 73(1); or

(b) an election programme broadcast for a political party or group of related political parties and paid for with money allocated to that political party or group of related political parties under section 74A; or

(c) an election programme—

(i) broadcast for a fee or other consideration; and

(ii) relating solely to 1 named constituency candidate at an election; and

(iii) used or appearing to be used to promote or procure the election of the candidate; and

(iv) broadcast by the candidate or with the candidate's authority within the election period; or


http://www.legislation.govt.nz/act/public/1989/0025/latest/link.aspx?id=DLM158437#DLM158437


(d) any advertisement placed by the Electoral Commission or by the Chief Registrar of Electors, a Registrar of Electors, a Returning Officer, or other official for the purposes of the Electoral Act 1993; or

(e) any non-partisan advertisement broadcast, as a community service, by the broadcaster.

(2A) Nothing in subsection (1) restricts the amount of money that a political party or group of related political parties may spend on the production costs of an election programme.

(2B) Nothing in this Act derogates from section 214B of the Electoral Act 1993.

(3) Nothing in subsection (1) restricts the broadcasting, in relation to an election, of news or of comments or of current affairs programmes.(4) For the purposes of subsection (2)(c)(ii), the term constituency candidate includes a person who has declared his or her intention of becoming a constituency candidate.

Responsibility of broadcasters for programme standards

• (1) Every broadcaster is responsible for maintaining in its programmes and their presentation, standards that are consistent with—

• (a) the observance of good taste and decency; and

• (b) the maintenance of law and order; and

• (c) the privacy of the individual; and

• (d) the principle that when controversial issues of public importance are discussed, reasonable efforts are made, or reasonable opportunities are given, to present significant points of view either in the same programme or in other programmes within the period of current interest; and

• (e) any approved code of broadcasting practice applying to the programmes.

(2) Where, in respect of any film within the meaning of the Films, Videos, and Publications Classification Act 1993,—

• (a) there is in force under that Act a decision classifying that film as objectionable; or

• (b) there is in force under that Act a decision classifying that film as if certain excisions had been made,—

no broadcaster,—

• (c) in the case of a film to which paragraph (a) applies, shall broadcast that film or any part of that film; or

• (d) in the case of a film to which paragraph (b) applies, shall broadcast the film, or any part of the film, if the film or, as the case may be, that part includes any part of the film required to be excised,—

except with the consent of the Chief Censor of Film and Literature and subject to any





conditions subject to which the Chief Censor has given the consent.

(3) No broadcaster shall be under any civil liability in respect of any failure to comply with any of the provisions of this section.

Compare: 1976 No 132 ss 24(1)(c), (e), (f), (g), (2), (4), 95(1)(c), (e), (f), (g), (2), (5); 1982 No 178 ss 5, 19; 1983 No 130 s 76(2), (3)

Section 4(1): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 4(2): substituted, on 1 October 1994, by section 150(1) of the Films, Videos, and Publications Classification Act 1993 (1993 No 94).

Bill of Rights:

Freedom of thought, conscience, and religion• Everyone has the right to freedom of thought, conscience, religion, and belief, including

the right to adopt and to hold opinions without interference.

Freedom of expression• Everyone has the right to freedom of expression, including the freedom to seek, receive,

and impart information and opinions of any kind in any form.

New Zealand Press Council Principles:

Statement of Principles1. Accuracy, Fairness and Balance

Publications should be bound at all times by accuracy, fairness and balance, and should not deliberately mislead or misinform readers by commission or omission. In articles of controversy or disagreement, a fair voice must be given to the opposition view.Exceptions may apply for long-running issues where every side cannot reasonably be repeated on every occasion and in reportage of proceedings where balance is to be judged on a number of stories, rather than a single report.

2. PrivacyEveryone is normally entitled to privacy of person, space and personal information, and these rights should be respected by publications. Nevertheless the right of privacy should not interfere with publication of significant matters of public record or public interest.Publications should exercise particular care and discretion before identifying relatives of persons convicted or accused of crime where the reference to them is not relevant to the matter reported.Those suffering from trauma or grief call for special consideration.

3. Children and Young PeopleIn cases involving children and young people editors must demonstrate an exceptional public interest to override the interests of the child or young person.

4. Comment and Fact




A clear distinction should be drawn between factual information and comment or opinion. An article that is essentially comment or opinion should be clearly presented as such. Cartoons are understood to be opinion.

5. Headlines and CaptionsHeadlines, sub-headings, and captions should accurately and fairly convey the substance or a key element of the report they are designed to cover.

6. Discrimination and DiversityIssues of gender, religion, minority groups, sexual orientation, age, race, colour or physical or mental disability are legitimate subjects for discussion where they are relevant and in the public interest, and publications may report and express opinions in these areas. Publications should not, however, place gratuitous emphasis on any such category in their reporting.

7. ConfidentialityEditors have a strong obligation to protect against disclosure of the identity of confidential sources. They also have a duty to take reasonable steps to satisfy themselves that such sources are well informed and that the information they provide is reliable. Care should be taken to ensure both source and publication agrees over what has been meant by "off-the-record".

8. SubterfugeThe use of deceit and subterfuge can only be condoned in cases when the information sought is in the public interest and cannot be obtained by any other means.

9. Conflicts of InterestTo fulfil their proper watchdog role, publications must be independent and free of obligations to their news sources. They should avoid any situations that might compromise such independence. Where a story is enabled by sponsorship, gift or financial inducement, that sponsorship, gift or financial inducement should be declared.Where an author’s link to a subject is deemed to be justified, the relationship of author to subject should be declared.

10.Photographs and GraphicsEditors should take care in photographic and image selection and treatment. Any technical manipulation that could mislead readers should be noted and explained.Photographs showing distressing or shocking situations should be handled with special consideration for those affected.

11.CorrectionsA publication’s willingness to correct errors enhances its credibility and, often, defuses complaint. Significant errors should be admitted and promptly corrected, giving the correction fair prominence. In some circumstances it will be appropriate to offer an apology and a right of reply to an affected person or persons.

Footnotes1. Letters to the Editor: Selection and treatment of letters for publication are the prerogative

of editors who are to be guided by fairness, balance, and public interest in the correspondents’ views. Abridgement is acceptable but should not distort meaning.

2. Council adjudications: Editors are obliged to publish with due prominence the substance of Council adjudications that uphold a complaint.


3. Public interest is defined as involving a matter capable of affecting the people at large so that they might be legitimately interested in, or concerned about, what is going on, or what may happen to them or to others.

4. The following organisations have agreed to abide by these principles and provide financial support to the Press Council:MetropolitanThe New Zealand HeraldThe Dominion PostThe PressOtago Daily TimesProvincialAshburton GuardianBay of Plenty TimesThe Daily PostDannevirke Evening NewsThe Gisborne HeraldThe Greymouth Evening StarHawkes Bay TodayHorowhenua Kapiti ChronicleManawatu StandardThe Marlborough ExpressThe Nelson MailThe Northern AdvocateThe Oamaru MailThe Southland TimesTaranaki Daily NewsThe Timaru HeraldWaikato TimesWairarapa Times-AgeWanganui ChronicleThe Westport NewsNorthern NewsThe Wairoa Star

SundayHerald on SundaySunday Star-TimesSunday NewsCommunityAPN Community NewspapersFairfax NZ Community NewspapersCommunity Newspaper Association of New Zealand member newspapersBusiness WeeklyThe IndependentNational Business Review*MagazinesNew Zealand Magazines (APN)Fairfax MagazinesMagazine Publishers’ Association

* Accepts jurisdiction but does not contribute financially

SavetheNews.org on New Zeaand public broadcaster:

In 2002, TVNZ’s public service mission was restored via a new charter formalized in the Television New Zealand Act of 2003 (Dunleavy 2010b: 3). The new public service charter emphasized four purposes: “the role of building community and citizenship capacity, the call for quality and integrity, the role of nurturing the creative industries and pushing creative boundaries, and the provision for a wide range of interests with a special emphasis on neglected minority interests” (ibid.). Though well-intentioned, this revival of TVNZ’s public service mandate ultimately failed because it was only supported with minimal public funding ($12-$15 million per year) and because the channel was never relieved of a simultaneous demand to be


commercially profitable (ibid.: 5; see also Comrie and Fountaine 2005). A new conservative National Party government, elected in 2009, has signaled its intention to “scrap” the charter and move all public funds to NZoA, though this policy has not yet been officially legislated (see Thompson 2009).

Television Act:

Functions of TVNZ• (1) The functions of TVNZ are to be a successful national television and digital media

company providing a range of content and services on a choice of delivery platforms and maintaining its commercial performance.

(2) In carrying out its functions, TVNZ must provide high-quality content that—

• (a) is relevant to, and enjoyed and valued by, New Zealand audiences; and

• (b) encompasses both New Zealand and international content and reflects Māori perspectives.

(3) TVNZ's services must include the provision of channels that are free of charge and available to audiences throughout New Zealand.

Section 12: substituted, on 23 July 2011, by section 6 of the Television New Zealand Amendment Act 2011 (2011 No 52).

Shareholding Ministers must not give certain directions• (1) No shareholding Minister or any other Minister, and no person acting by or on behalf

of or at the direction of a shareholding Minister or any other Minister, may give a direction to TVNZ or to any of its subsidiaries, or to any director or officer or employee of TVNZ or of any of its subsidiaries, in respect of—

• (a) any programme or other content; or

• (b) any allegation or complaint relating to a programme or other content; or

• (c) the gathering or presentation of news or the preparation or presentation of any current affairs programme or content; or

• (d) standards administered under the Broadcasting Act 1989.

(2) No director of TVNZ or of any of its subsidiaries may be removed for any reason relating to—

• (a) any programme or other content; or

• (b) any allegation or complaint relating to a programme or other content; or

• (c) the gathering or presentation of news or the preparation or presentation of any current affairs programme or content; or

• (d) the responsibility of TVNZ or any of its subsidiaries for compliance with




standards administered under the Broadcasting Act 1989.

(2A) This section applies regardless of the type of delivery platform TVNZ uses to deliver any programmes or other content.

(3) Section 97(g) of the Crown Entities Act 2004 does not apply to TVNZ.

Compare: 1988 No 162 s 7

Section 28(1)(a): substituted, on 23 July 2011, by section 9(1) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(1)(b): substituted, on 23 July 2011, by section 9(1) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(1)(c): substituted, on 23 July 2011, by section 9(1) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(1)(d): added, on 23 July 2011, by section 9(1) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(2)(a): substituted, on 23 July 2011, by section 9(2) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(2)(b): substituted, on 23 July 2011, by section 9(2) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(2)(c): substituted, on 23 July 2011, by section 9(2) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(2)(d): added, on 23 July 2011, by section 9(2) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(2A): inserted, on 23 July 2011, by section 9(3) of the Television New Zealand Amendment Act 2011 (2011 No 52).

Section 28(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).














Electoral Fairness Audit Results for Media and Broadcasters:

Score:

The FDA electoral fairness audit team reached consensus on a score of 1/10

Rational for Score:

Private broadcasters have no restrictions on their political content. Private broadcasters themselves can be partial in their news coverage and analysis.

In the Broadcaster Act, there is no mention of political equality, electoral fairness, fair political content, impartial political content, pluralistic political content, or complete and balanced electoral coverage.

There is no limit on major media and broadcasters ownership concentration.

New Zealand press is guided by the principles of the New Zealand Press Council. The Council is an industry self-regulatory organization. There is a right of reply imposed on members of the Council if they are found in violation of the Council's principles. There is no mention of complete and balanced electoral coverage or fair political content in the Council's principles. The notion of “balance” is used in a narrow manner.

TVNZ charter was extinguished on July 12, 2011, making the public television network subject to private marketplace for survival. The Conservative government says that TVNZ must make a profit. The new functions of the TVNZ are to be “to be a successful television and digital media company providing a range of content and services on a choice of delivery platforms and maintain its commercial performance.” TVNZ content decisions are independent of shareholder Ministers or any other Minister.

There is no restrictions on the political content of public broadcasters in terms of news and analysis.

The score of 10 percent means that New Zealand's laws and regulations on the media's political content are bordering on complete unfairness. With the privatization of the state broadcaster (TVNZ) and radio (RNZ), and no restrictions on the political content of private media and broadcasters, there is no element of fairness in New Zealand's political content laws, except for unrestricted freedom itself of the media. In this state of nature environment, the largest media and broadcasters and those political parties connected to them dominate electoral discourse. In the FDA's opinion, New Zealand's media environment is highly undemocratic, and counter to the spirit of fair and equal political contests.


Chapter Two: Candidates’ and Parties’ InfluenceChapter two will focus on the research and audit results of New Zealander laws and regulations with respect to the equality of candidates and parties’ influence before, during and after elections.

Executive Summary: New Zealand received a score of 71.25 percent for equality of candidate and party influence. The score means that New Zealand's laws and regulations on the influence of candidates and parties are acceptable. Fifty of the parliamentary seats are allocated based on proportional representation, and the Maori population are guaranteed seven seats. The party registration requirements are very reasonable (i.e. at least 500 financial members), and the state electoral monies are divided up based primarily on established popular support. Also, there are caps on electoral donations and candidate and party expenditures. The FDA deducted 18.75 percent for the unfair advantage some parties have through access and connection to major media and broadcasters, the lack of equal playing field for registered parties in the two national debates, and the disclosure of parties finance after the election and the non-disclosure of donations up to $281,500 between two election periods. The FDA auditors felt that a more democratic way to distribute state electoral funds is to base it equal presentation, so that parties' platforms would be emphasized equally rather than their platforms being unevenly presented by how much media access they have. This point is important in consideration of the lack of restrictions on the media's political content.

Research Excerpts:


Electoral Act 1993:Electoral Commission4C ObjectiveThe objective of the Electoral Commission is to administer the electoral system impartially, efficiently, effectively, and in a way that—

(a) facilitates participation in parliamentary democracy; and

(b) promotes understanding of the electoral system and associated matters; and

(c) maintains confidence in the administration of the electoral system.

5 FunctionsThe functions of the Electoral Commission are to—

(a) carry the provisions of this Act (except those of Part 5) into effect:

(b) carry out duties in relation to parliamentary election programmes that are prescribed by Part




6 of the Broadcasting Act 1989:

(c) promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:

(d) consider and report to the Minister or to the House of Representatives on electoral matters referred to the Electoral Commission by the Minister or the House of Representatives:

(e) make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission:

(f) carry out any other functions or duties conferred on the Electoral Commission by or under any other enactment. 6 Powers of Electoral Commission(1) The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,—

(a) initiate, sponsor, and carry out any studies or research:

(b) make any inquiries:

(c) consult with any persons or classes of persons:

(d) publicise, in any manner that it thinks fit, any parts of its work:

(e) provide information and advice on any matter—

(i) to the Minister for the Minister's consideration:

(ii) to the Minister for tabling in the House of Representatives:

(f) request advice, assistance, and information from any government department or any State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986.

(2) Subsection (1) does not limit sections 16 and 17 of the Crown Entities Act 2004.

(3) If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii), the Minister must present the information or advice to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament. 7 IndependenceThe Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

(a) this Act; and

(b) any other enactment that expressly provides for the functions, duties, or powers of the Electoral Commission (other than the Crown Entities Act 2004).







Registration of Political Parties and Party Logos63 Application for registration(1) An application for the registration of an eligible political party may be made to the Electoral Commission—

(a) by the secretary of the party; or

(b) by any member of Parliament who is a current financial member of that party.

(2) An application for the registration of an eligible political party—

(a) shall be in writing; and

(b) shall be signed by the applicant; and

(c) must—

(i) set out the name of the party; and

(ii) if the party wishes to be able to use for the purposes of this Act an abbreviation of its name, set out the name of that abbreviation; and

(iii) set out the name and address of the applicant and the capacity in which he or she makes the application; and

(iv) if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and

(v) set out the name and address of the person eligible under section 206K who is to be appointed as the auditor of the party, and be accompanied by that person’s signed consent to the appointment; and

(vi) be accompanied by evidence, in a form approved by the Electoral Commission, that the party has at least 500 current financial members who are eligible to enrol as electors; and

(vii) be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957 that the party has at least 500 current financial members who are eligible to enrol as electors; and

(viii) [Repealed](ca) must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must state that the party intends, at general elections,—

(i) to submit a list of candidates under section 127; or

(ii) to have 1 or more constituency candidates stand for the party or for a related political party; or

(iii) both; and

(d) shall be accompanied by a declaration made by the secretary of the party in the manner






provided by section 9 of the Oaths and Declarations Act 1957, which declaration shall—

(i) state whether the party is a party in respect of which there are 1 or more component parties; and

(ii) where the party has 1 or more component parties, state the name of each component party.

(3) Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party can be registered.

(4) Notwithstanding subsection (3), the Electoral Commission shall not be obliged to deal with any application for registration if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party and the Electoral Commission is satisfied that the application is made by that person on behalf of the party.

Electoral Act 1993204B Persons who may promote election advertisements(1) A person is entitled to promote an election advertisement if the person is—(a) a party secretary:(b) a candidate:(c) a registered promoter:(d) an unregistered promoter who does not incur advertising expenses exceeding $12,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A) in relation to election advertisements published during the regulated period.(2) The amount in subsection (1)(d) is inclusive of goods and services tax.(3) Every person who wilfully promotes an election advertisement without being entitled to do so under subsection (1) is guilty of an illegal practice.204E Obligation to retain records necessary to verify promoter's advertising expenses(1) This section applies to a promoter who—(a) is an unregistered promoter:(b) at any time during the regulated period has been an unregistered promoter.(2) A promoter to whom this section applies must take all reasonable steps to retain the records, documents, and accounts that are necessary to enable verification of the advertising expenses incurred as an unregistered promoter in relation to an election advertisement.(3) Subsection (2) applies until the close of the day that is 3 years after polling day for the election to which the advertisement relates.(4) Every promoter who fails, without reasonable excuse, to comply with subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $40,000.

204F Election advertisement to include promoter statement(1) A person may publish or cause or permit to be published an election advertisement only if the advertisement includes a promoter statement.(2) A promoter statement referred to in subsection (1) must state the name and address of the promoter of the election advertisement.(3) If the promoter is a registered promoter, the name and address of the promoter stated in the





promoter statement must be the same name and address of the promoter that appear in the register.(4) If the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter.(5) If the election advertisement is published in a visual form, the promoter statement must be clearly displayed in the advertisement.(6) If the election advertisement is published only in an audible form, the promoter statement when published must be no less audible than the other content of the advertisement.(7) A person who wilfully contravenes any of subsections (1) to (6) is guilty of an illegal practice. 204G Publication of candidate advertisement promoting candidate(1) A person may publish or cause or permit to be published a candidate advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a constituency candidate only if the publication of the advertisement is authorised in writing by the candidate.(2) A person may publish or cause or permit to be published an election advertisement comprising 2 or more candidate advertisements of the kind described in subsection (1) only if the publication of the advertisement is authorised in writing by each of the candidates.

(3) A person who wilfully contravenes subsection (1) or (2) is guilty of an illegal practice. 204H Publication of party advertisement promoting party(1) A person may publish or cause or permit to be published a party advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a party only if the publication of the advertisement is authorised in writing by the party secretary.

(2) A person who wilfully contravenes subsection (1) is guilty of an illegal practice. 221A Electoral advertisements(1) Subject to subsection (2), no person shall publish or cause or permit to be published in any newspaper, periodical, poster, or handbill, or broadcast or cause or permit to be broadcast over any radio or television station, any advertisement relating to an election (not being an election advertisement as defined in section 3A) unless the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of that person’s place of residence or business.

(2) Subsection (1) shall not apply to any advertisement published or broadcast, or caused or permitted to be published or broadcast, by the Chief Registrar of Electors, the Electoral Commission, or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand and relating to electoral matters or the conduct of any general election or by-election and which either contains a statement indicating that the advertisement has been authorised by that officer or agency, or contains a symbol indicating that the advertisement has been authorised by that officer or agency.



221B Display of advertisement of a specified kind(1) During the period beginning 2 months before polling day and ending with the close of the day before polling day, the display of an advertisement of a specified kind is not subject to—

(a) any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that applies in relation to the period when an advertisement of a specified kind may be displayed; or

(b) any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation to the content or language used in an advertisement of a specified kind.

(2) In this section, advertisement of a specified kind means an advertisement displayed in a public place or on private property that does not exceed 3 square metres in size and that—

(a) encourages or persuades, or appears to encourage or persuade, voters to vote for a party registered under Part 4; or

(b) is used, or appears to be used, to promote or procure the election of a candidate; but

(c) does not include—

(i) an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or

(ii) an advertisement broadcast by any television station or by any electronic means of communication.

(3) Nothing in this section limits or prevents the display before polling day of any advertisement relating to an election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local authority. Broadcasting Act 198970 Prohibition on paid election programmes(1) Except as provided in subsections (2) and (2A), no broadcaster shall permit the broadcasting, within or outside an election period, of an election programme.

(2) Nothing in subsection (1) applies in respect of—

(a) an opening address or closing address that is broadcast—

(i) for a political party or group of related political parties; and

(ii) by TVNZ or RNZ during time allocated to that political party or group of related political parties under section 73(1); or

(b) an election programme broadcast for a political party or group of related political parties and paid for with money allocated to that political party or group of related political parties under section 74A; or

(c) an election programme—

(i) broadcast for a fee or other consideration; and

(ii) relating solely to 1 named constituency candidate at an election; and





(iii) used or appearing to be used to promote or procure the election of the candidate; and

(iv) broadcast by the candidate or with the candidate's authority within the election period; or

(d) any advertisement placed by the Electoral Commission or by the Chief Registrar of Electors, a Registrar of Electors, a Returning Officer, or other official for the purposes of the Electoral Act 1993; or

(e) any non-partisan advertisement broadcast, as a community service, by the broadcaster.

(2A) Nothing in subsection (1) restricts the amount of money that a political party or group of related political parties may spend on the production costs of an election programme.

(2B) Nothing in this Act derogates from section 214B of the Electoral Act 1993.

(3) Nothing in subsection (1) restricts the broadcasting, in relation to an election, of news or of comments or of current affairs programmes.(4) For the purposes of subsection (2)(c)(ii), the term constituency candidate includes a person who has declared his or her intention of becoming a constituency candidate. 70A Obligation of political parties to give notice to Electoral Commission(1) In every year in which a Parliament is due to expire, the Electoral Commission shall specify, by notice in the Gazette, a date by which any political party that considers that it will qualify for an allocation of time under section 73 or of money under section 74A, in respect of the election period that will apply in relation to the general election to be held in that year, must notify the Electoral Commission in writing that it considers itself to be so qualified.

(2) The date specified under subsection (1) may be a date before the beginning of the election period.

(3) Each political party that considers that it will qualify for an allocation of time under section 73 or of money under section 74A in respect of an election period shall notify the Electoral Commission in writing that it considers itself to be so qualified. 71 Opening addresses and closing addresses to be broadcast free(1) TVNZ and RNZ must each provide time, free of charge, for the broadcasting, in an election period, of the opening addresses and closing addresses of political parties.(2) TVNZ must broadcast opening addresses and closing addresses on 1 free-to-air channel with national coverage.(3) RNZ must broadcast opening addresses and closing addresses on the service known as National Radio.(4) Opening addresses and closing addresses must be broadcast in accordance with section 77A (which sets out when, and at what time, opening addresses and closing addresses are to be broadcast, and certain other provisions relating to the broadcasting of opening addresses and closing addresses). 73 Allocation of time to political parties(1) In respect of each election period, the Electoral Commission must allocate to political parties,










in such proportions as the Electoral Commission considers appropriate, the time that TVNZ and RNZ have made available for opening addresses and closing addresses in accordance with section 71A.(2) In allocating time to political parties under subsection (1), the Electoral Commission—

(a) must consider whether any proposals made under section 71A(3)(a) for the allocation of broadcasting time can be adopted either in full or with modifications specified by the Electoral Commission; and

(b) must modify proposals made under section 71A(3)(a) if, in the opinion of the Electoral Commission, the proposals are not consistent with the provisions of section 75.

(3) The Electoral Commission must not allocate any time to an individual political party under this section if that political party has received an allocation of time under this section as part of a group of related political parties.

74A Allocation of money to political parties(1) The Electoral Commission shall, in respect of each election period, decide the allocation to political parties of the amount of any money appropriated by Parliament, or deemed to have been appropriated by Parliament, for the purpose of enabling political parties to meet all or part of the costs of broadcasting election programmes during that election period.(2) The decision made under subsection (1)—

(a) shall set out the allocations (which shall be in such proportions as the Electoral Commission thinks fit); and

(b) may include conditions concerning the manner in which any political party is to expend its allocation.

(3) Conditions included in a decision pursuant to subsection (2)(b) may include conditions requiring the political party or group of related political parties to advise the Electoral Commission of the value of election programme bookings made by the political party or group of related political parties.

(4) Where the Electoral Commission decides under subsection (1) to allocate a sum of money to a political party, the Electoral Commission shall supply a copy of its decision to—

(a) that political party; and

(b) the Secretary for Justice.

(5) The Electoral Commission shall not under this section allocate any money to an individual political party if that political party has received an allocation of money under this section as part of a group of related political parties. 75 Criteria in relation to allocation of time and money to political parties(1) The Electoral Commission must not allocate any time to a political party under section 73, or make an allocation of money to a political party under section 74A, in respect of an election unless—

(a) that party was registered on the Register of Political Parties at the time of the dissolution of








Parliament for the election or, as the case requires, at the time that Parliament expired; and

(b) that party has given to the Electoral Commission, in relation to that election, a notice that complies with the requirements of sections 70A(3), 70B, and 70C.

(2) The Electoral Commission shall, in allocating time to a political party under section 73 or in making under section 74A an allocation of money to a political party, have regard to—

(a) the number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that political party; and

(b) the number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that political party; and

(c) the number of members of Parliament who were members of that political party immediately before the dissolution or expiration of Parliament; and

(d) any relationships that exist between a political party and any other political party; and

(e) any other indications of public support for that political party such as the results of public opinion polls and the number of persons who are members of that political party; and

(f) the need to provide a fair opportunity for each political party to which subsection (1) applies to convey its policies to the public by the broadcasting of election programmes on television.

(3) Despite anything in subsection (1) or subsection (2), an allocation of time to a political party made under section 73 in respect of an election period, or a decision made under section 74A in respect of an election period, may be made before the beginning of the election period.

76 Consultation with political parties(1) The Electoral Commission must comply with subsection (2)—(a) before allocating time to a political party under section 73; and(b) before allocating any money under section 74A; and(c) before making any determination under section 77A(5)(a).(2) Before doing any of the things referred to in subsection (1), the Electoral Commission must grant to every political party that has given a notice to the Electoral Commission under section 70A(3) the opportunity to meet with and be heard by the Electoral Commission.

(3) If, after complying with subsection (2), the Electoral Commission later modifies an allocation or a determination, the Electoral Commission does not have to provide any political party with any further opportunity to meet with and be heard by the Electoral Commission.

(4) The failure of any political party to make use of the opportunity to meet with and be heard by the Electoral Commission under subsection (2), or to comply with any other request of the Electoral Commission,—

(a) does not prevent the Commission making—

(i) an allocation of time under section 73; or

(ii) an allocation of money under section 74A; or









(iii) a determination under section 77A(5)(a); and

(b) does not affect the validity of any allocation or determination made under any of those sections. 76A Power of Electoral Commission to vary allocations(1) If, after any allocation is made under section 73 or section 74A,—

(a) a broadcaster in respect of which an allocation of time has been made ceases to be a broadcaster; or

(b) a political party does not accept any allocation of time under section 73 or any allocation of money under section 74A; or

(c) the party ceases to be registered; or

(d) the party fails to submit a list of candidates for election to the seats reserved for those members of Parliament elected from lists pursuant to section 127 of the Electoral Act 1993; or

(da) the party fails to comply with any conditions imposed by the Electoral Commission under section 74A(2)(b) requiring the political party or group of related political parties to advise the Electoral Commission of the value of election programme bookings made by the political party or group of related parties; or

(e) the relationship of the party with any other political party has changed to a significant extent; or

(f) [Repealed]the Electoral Commission may, subject to subsection (4), vary the allocation under section 73 or section 74A , as the case may require.

(2) The varying of any allocation pursuant to this section shall not require the Electoral Commission to grant to any political party the opportunity to meet with and be heard by the Electoral Commission.

(3) The Electoral Commission shall, in varying any allocation pursuant to this section, have regard to—

(a) the views of political parties received by the Electoral Commission in the course of consultations undertaken in accordance with section 76; and

(b) such of the matters referred to in sections 73, 74A, and 75, as the case may require.

(4) Where effect has been given in whole or in part to an allocation made under section 73 or section 74A to a political party, the Electoral Commission shall not vary the allocation pursuant to this section unless—

(a) the registration of that political party is cancelled under section 70 of the Electoral Act 1993; or

(b) the secretary of a political party has failed to submit a list of candidates for election under section 127 of the Electoral Act 1993.






















76B Recovery of money from political party(1) Where effect has been given in whole or in part to an allocation made under section 74A and the Electoral Commission, acting under section 76A, varies that allocation, the Electoral Commission may determine that the whole or part of the money paid by or on behalf of the political party or to the political party as a result of that allocation be repaid to the Crown by the political party 79B Obligation to give identical terms to each political party or candidate(1) No broadcaster shall offer or give to any political party terms for broadcasting time that are more favourable than those offered or given to any other political party that buys or expresses an interest in buying comparable time from that broadcaster.

(2) No broadcaster shall offer or give to any candidate terms for broadcasting time that are more favourable than those offered or given to any other candidate who buys or expresses an interest in buying comparable time from that broadcaster. 79C Returns in relation to broadcasting time(1) After each election, every broadcaster must give the Electoral Commission a complete and accurate written statement of the election programmes broadcast by that broadcaster during the 3-month period immediately preceding polling day for the election.

(2) The statement must be given to the Electoral Commission no later than 10 working days after the end of the month in which the election was held.

(3) The statement must set out the following information in relation to each election programme:

(a) the candidate or political party for whom the election programme was broadcast:

(b) the length of the election programme and the time at which it was broadcast:

(c) the date on which the election programme was broadcast:

(d) the amount paid for the broadcasting of the election programme, and the rate or rates by which that amount was fixed.

(4) The statement must be signed by or on behalf of the broadcaster.




The Electoral Knowledge Network: New Zealand's Mixed Member Proportional System:

As in Germany, in parliamentary elections in New Zealand the electors have two votes—one for a political party (called the party vote in New Zealand) in a nationwide constituency, and one for a candidate in a single-member district. Whereas representatives for single-member districts (called electorates in New Zealand) are elected by FPTP, the overall share of the seats in Parliament allocated to political parties stems directly from and is in proportion to the number of party votes they receive. If a party wins 25 per cent of the party votes, it will be entitled to (roughly) a quarter of all the seats in the 120-member Parliament, that is, about 30 seats. If a party that is entitled to a total of 30 seats has already won 23 electorate seats, then it will be given another seven seats drawn from the rank-ordered candidates on its party list who have not already been elected in a single-member district. Likewise, if a party entitled to 30 seats has won only 11 single-member district seats, then it will acquire another 19 MPs from its party list.

There are two thresholds for MMP in New Zealand. To win a share of the seats in Parliament based on the party votes, a party must either win at least 5 per cent of all the party votes cast in a general election or win at least one single-member district seat. In the 1996 general election, five parties crossed the 5 per cent threshold and one won a single-member district seat but did not clear the 5 per cent threshold. Three years later, five parties again cleared the 5 per cent threshold. Two other parties failed to do so but won single-member district seats, which qualified one of them for an additional four seats in Parliament (it had won 4.3 per cent of the party votes cast in the election). In the 2002 general election, six parties cleared the 5 per cent party vote hurdle, and a seventh party won a single-member district seat that enabled it to bring one other person into Parliament from the party’s list.

These figures point to one major change caused by the introduction of MMP. Established, at least in part, to ensure ‘fairness between political parties’, the new voting system has seen the index of disproportionality plummet from an average of 11 per cent for the 17 FPTP elections held between 1946 and 1993, to an average of 3 per cent for the first three MMP elections. Every FPTP election in New Zealand from 1935 until 1993 saw one of the country’s two larger parties—Labour or National—gain an absolute majority in the House of Representatives. One consequence of MMP has been that, in the three elections to date, no single party has won more than half the seats in Parliament. In 1996, the largest party won 44 out of the 120 seats; in 1999 the largest party won 49 seats; and in 2002 the largest party won 52 seats. Not surprisingly, then, New Zealand has changed from being a country accustomed to single-party majority governments to being a country governed by coalitions. After the first MMP election, two parties formed a coalition government that commanded a small majority (61 out of 120 seats) in Parliament. Since that coalition disintegrated in August 1998, New Zealand has had minority coalition governments that have had to rely on either formal or informal supporting arrangements (negotiated with other parties or, on occasion, with individual MPs) to ensure that their legislative programmes have been able to win majorities in Parliament. One of the other criteria used by the Royal Commission on the Electoral System was ‘effective government’. The commission noted that electoral systems should ‘allow governments ... to meet their responsibilities. Governments should have the ability to act decisively when that is appropriate’.


In this regard it should be stressed that MMP governments in New Zealand have had little trouble governing: all have had their budgets passed without any real difficulty, and none has faced the likelihood of defeat in a parliamentary vote of no confidence. At the same time, New Zealand parliaments have fulfilled another of the royal commission’s criteria by also becoming more effective. Governments can no longer rely on (indeed, they seldom have) majorities on parliamentary committees, and there is a far greater degree of consultation—of give and take—between government and opposition parties in MMP parliaments.

The Royal Commission on the Electoral System also envisaged that under MMP the Parliament would represent the Maori (New Zealand’s indigenous Polynesian minority) and other special-interest groups such as women, Asians and Pacific Islanders more effectively. This has happened. In the last FPTP Parliament, Maori accounted for 7 per cent of the MPs. They now constitute 16 per cent of the members of the legislature. The proportion of female MPs has risen from 21 per cent in 1993 to an average of 29 per cent in the first three MMP parliaments. During the period 1993–2002, the proportion of Pacific Island MPs went up from 1 per cent to 3 per cent, and the number of Asian MPs rose from 0 to 2 per cent.

Maori Electorates:

Number of electorates

From 1868 to 1996, four Māori electorates existed (out of a total that slowly changed from 76 to 99).[1] They comprised:[2]

1. Eastern Maori 2. Northern Maori 3. Southern Maori 4. Western Maori

With the introduction of the MMP electoral system after 1993, the rules regarding the Māori electorates changed. Today, the number of electorates floats, meaning that the electoral population of a Māori seat can remain roughly equivalent to that of a general seat. In the first MMP vote (the 1996 election), the Electoral Commission defined five Māori electorates:

1. Te Puku O Te Whenua 2. Te Tai Hauauru 3. Te Tai Rawhiti 4. Te Tai Tokerau 5. Te Tai Tonga

For the second MMP election (the 1999 election), six Māori electorates existed:

1. Hauraki 2. Ikaroa-Rawhiti 3. Te Tai Hauāuru 4. Te Tai Tokerau 5. Te Tai Tonga 6. Waiariki


http://en.wikipedia.org/wiki/Waiariki_(New_Zealand_electorate)

http://en.wikipedia.org/wiki/Te_Tai_Tonga_(New_Zealand_electorate)

http://en.wikipedia.org/wiki/Te_Tai_Tokerau_(New_Zealand_electorate)

http://en.wikipedia.org/wiki/Te_Tai_Hau%C4%81uru

http://en.wikipedia.org/wiki/Ikaroa-R%C4%81whiti_(New_Zealand_electorate)

http://en.wikipedia.org/wiki/T%C4%81maki_Makaurau

http://en.wikipedia.org/wiki/New_Zealand_general_election,_1999

http://en.wikipedia.org/wiki/Te_Tai_Tonga

http://en.wikipedia.org/wiki/Te_Tai_Tokerau

http://en.wikipedia.org/wiki/Te_Tai_Rawhiti

http://en.wikipedia.org/wiki/Te_Tai_Hauauru

http://en.wikipedia.org/wiki/Te_Puku_O_Te_Whenua


http://en.wikipedia.org/wiki/Mixed_Member_Proportional

http://en.wikipedia.org/wiki/Western_Maori

http://en.wikipedia.org/wiki/Southern_Maori

http://en.wikipedia.org/wiki/Northern_Maori

http://en.wikipedia.org/wiki/Eastern_Maori

http://en.wikipedia.org/wiki/M%C4%81ori_electorates#cite_note-Scholefield-1

http://en.wikipedia.org/wiki/M%C4%81ori_electorates#cite_note-General_elections_1853-2005-0

The 2002 and 2005 elections had seven:

1. Ikaroa-Rāwhiti 2. Tainui 3. Tāmaki Makaurau (roughly equivalent to greater Auckland) 4. Te Tai Hauāuru 5. Te Tai Tokerau 6. Te Tai Tonga 7. Waiariki

The 2008 election also had seven:

1. Hauraki-Waikato - (North Western North Island, includes Hamilton and Papakura) 2. Ikaroa-Rāwhiti - (East and South North Island, includes Gisborne and Masterton) 3. Tāmaki Makaurau - (Roughly equivalent to greater Auckland) 4. Te Tai Hauāuru - (Western North Island, includes Taranaki and Manawatu-Wanganui

regions) 5. Te Tai Tokerau - (Northernmost seat, includes Whangarei and North and West Auckland) 6. Te Tai Tonga - (All of South Island and nearby islands. Largest electorate by area) 7. Waiariki - (Includes Tauranga, Whakatane, Rotorua, Taupo)

While seven out of 70 (10 %) does not nearly reflect the proportion of New Zealanders who identify as being of Māori descent (about 18%), many Māori choose to enrol in general electorates, so the proportion reflects the proportion of voters on the Māori roll.

Electoral Fairness Audit Results for Equality of Candidates and Parties:

Score:

The FDA electoral fairness audit team reached consensus on a score of 7.1/10.

Rational for Score:

There are no restriction on the media's political content. State broadcasters are now subject to the marketplace for survival.

There is an Electoral Commission which administers the electoral system impartially, efficiently, and effectively. This commission has certain powers and functions.

Applications for creation of political parties must be made to the Electoral Commission.

In order to apply to create a political party, there must be at least 500 financial members who are eligible to enrol as electors, and must have at least one constituency candidate stand for the party or submit a list of candidates.

Only certain people related to the campaign may promote 'election advertisements': party secretaries, candidates, registered promoters, and unregistered promoters (whose ad expenses do


http://en.wikipedia.org/wiki/Taupo

http://en.wikipedia.org/wiki/Rotorua

http://en.wikipedia.org/wiki/Whakatane

http://en.wikipedia.org/wiki/Tauranga


http://en.wikipedia.org/wiki/South_Island


http://en.wikipedia.org/wiki/Auckland

http://en.wikipedia.org/wiki/Whangarei


http://en.wikipedia.org/wiki/Manawatu-Wanganui

http://en.wikipedia.org/wiki/Taranaki_Region

http://en.wikipedia.org/wiki/North_Island



http://en.wikipedia.org/wiki/T%C4%81maki_Makaurau_(New_Zealand_electorate)

http://en.wikipedia.org/wiki/Masterton

http://en.wikipedia.org/wiki/Gisborne,_New_Zealand



http://en.wikipedia.org/wiki/Papakura_District

http://en.wikipedia.org/wiki/Hamilton,_New_Zealand


http://en.wikipedia.org/wiki/Hauraki-Waikato_(New_Zealand_electorate)







http://en.wikipedia.org/wiki/T%C4%81maki_Makaurau_(New_Zealand_electorate)

http://en.wikipedia.org/wiki/Tainui_(New_Zealand_electorate)




not exceed $12,000).

Unregistered promoters must retain records to verify advertising expenses.

Election advertisements must state who the promoter is (name and address).

Election advertisements must be authorised in writing by the candidate(s) that they address, or by the party secretary of the party that they address.

Election advertisements must contain a statement regarding the name of the person who does the publishing, or for whom they are published.

Political billboards can be placed in the two months leading up to election day, as long as they do not exceed 3 square metres in size.

Election programmes can be broadcast during the election period; these programmes can be paid for by political parties under certain guidelines.

Opening and closing addresses for political parties are to be broadcast free of charge.

The Electoral Commission consults with political parties and broadcasters to determine the amount of time given to each party, and the amount of public funds that are to be given to each political party.

Each broadcaster must give identical terms to each political party or candidate.

After each election, broadcasters must give a written statement of the election programmes broadcast during the three months leading up to voting day.

New Zealand has a mixed member proportional system, based on one vote for political parties and one for vote for candidate in constituency. 70 constituency seats are decided by first past the post. The remaining seats, 50, are decided by popular vote for political parties. The minimum threshold for the 50 seats are at least 5% of the popular vote or win one constituency seat.

Maori population guaranteed representation from seven out of seventy total constituencies. Maori seats not subject to proportional representation.

Finances:

Candidate and party expenses are inclusive of goods and services tax. (This provision favors dominant, established candidates and parties, and wealthy candidates and parties.)

For Candidates:


Election expenses must not exceed $25,000 in general elections, or $50,000 in by-electionsReceipts are required for election expenses of $50 or moreWithin 70 days after polling day the candidate must submit a return of his/her election expenses to the Electoral Commission, this return must be publicly available

For Parties:

Election expenses must not exceed $1,065,000 and $25,000 for each electoral district contested by a candidate for the partyReceipts are required for election expenses of $100 or moreWithin 50 days after declaring candidates to be elected, the party secretary must file a return of the party's expenses to the Electoral Commission, this return must be publicly availableParties must appoint an auditor

Donations:

There is no defined limit on political donationsContributors are to be identified by name and address if they contribute more than $1500Anonymous donations cannot exceed $1500Overseas donations cannot exceed $1500Donations can be protected from disclosure under certain stipulationsReturns must be filed on donations exceeding $30,000Expenditure limits are adjusted each year by Order in Council

Free broadcasting time based on percentage of votes in previous election, percentage of vote in preceding by-elections, number of members of parliament, any relationship between one party and another, any other indication of public support such as polls, number of party members, and fair opportunity to convey message. Broadcasting funds favor significantly dominate, established parties as do allocation broadcast allocations. Small and new parties are given insignificant monies and times. Free broadcasting times are limited to TVNZ and Radio New Zealand (public broadcasters). (The New Zealand approach is significantly more fair than Canada's which only allows four of nineteen parties in national debates.)

The score of 71.25 percent means that the New Zealand's laws and regulations on candidate and party influence are acceptable. There are many elements of fairness in New Zealand's laws and regulations such as proportional distribution of fifty parliamentary seats, seven seats guaranteed to the Maori population, state electoral funds distributed based primarily on established popular support, and caps on electoral donations and candidate and party expenditures. However, these elements are weakened by the unfairness of the media's political content and the more democratic idea of basing distribution of state electoral funds on equality rather than established popular support, in order to put direct emphasis on parties' platforms. Considering the partisan major media and broadcasters, an equal distribution of state electoral funds would help counteract media and broadcaster unfairness.


Chapter Three: Electoral FinanceChapter three will focus on the research and audit results of New Zealander laws and regulations with respect to the equality and fairness of New Zealander electoral finance laws and regulations.

Executive Summary: New Zealand received a score of 77.5 percent for its electoral finance laws. The score means that New Zealand's laws and regulations on electoral finance are very satisfactory. New Zealand's finance laws have many elements of fairness such as caps of electoral donations and candidate and party expenditures, and comprehensive disclosure requirements. However, the state electoral funds are based primarily on established public support rather than an equal playing field, and the caps on electoral donations are too high and thereby favor minority support (rather than popular support), and around 25 percent of donations to a party can be anonymous.

Research Excerpts:


Electoral Act 1993:Election Expenses of Candidates205C Maximum amount of candidate's total election expenses(1) The total election expenses of a candidate in respect of any regulated period must not exceed—

(a) $25,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A), in the case of a candidate at a general election; and

(b) $50,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A), in the case of a candidate at a by-election.

(2) The amounts in subsection (1) are inclusive of goods and services tax. 205D Apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period(1) This section applies if a candidate advertisement—

(a) is published both before the commencement of the regulated period and during the regulated period; or

(b) is published before the commencement of the regulated period and continues to be published during the regulated period.

(2) If this section applies,—

(a) the candidate advertisement is deemed to have been published during the regulated period;




but

(b) the advertising expenses for the publication of the candidate advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

(3) Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses. 205J Invoice and receipt required for election expenses of $50 or moreEvery payment made in respect of any election expenses of a candidate, other than a payment that is less than $50, must be vouched by an invoice stating the particulars and by a receipt. 205K Return of candidate's election expenses(1) Within 70 working days after polling day, a candidate must file a return of election expenses with the Electoral Commission.(2) A return under subsection (1) must be in the form required by the Electoral Commission. 205R Return of candidate's election expenses to be publicly available(1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 205K.(2) During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 205K.(3) The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982 Election Expenses of Parties206C Maximum amount of party's total election expenses(1) If a party is listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed—

(a) $1,065,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A); and

(b) $25,000 (or such other amount as is prescribed by the Governor-General by Order in Council under section 266A) for each electoral district contested by a candidate for the party.

(2) If a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed $25,000 for each electoral district contested by a candidate for the party.

(3) The amounts in subsections (1) and (2) are inclusive of goods and services tax. 206CA Apportionment of advertising expenses for publication of party advertisement both before and during regulated period(1) This section applies if a party advertisement—

(a) is published both before the commencement of the regulated period and during the regulated







period; or

(b) is published before the commencement of the regulated period and continues to be published during the regulated period.

(2) If this section applies,—

(a) the party advertisement is deemed to have been published during the regulated period; but

(b) the advertising expenses for the publication of the party advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

(3) Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses. 206H Invoice and receipt required for election expenses of $100 or moreEvery payment made in respect of any election expenses of a party, other than a payment that is less than $100, must be vouched by an invoice stating the particulars and by a receipt. 206I Return of party's election expenses(1) Within 50 working days after the day on which the declaration required by section 193(5) is made, a party secretary must file a return of the party's election expenses with the Electoral Commission.

(2) The return must be—

(a) in the form required by the Electoral Commission; and(b) accompanied by an auditor's report obtained under section 206L. 206J Appointment of auditor for party(1) A party must appoint an auditor.

(2) On the registration of a party under section 67, the person named in the party's application under section 63(2)(c)(v) as the person who is to be appointed as the party's auditor is to be taken to have been appointed under subsection (1).

(3) A party must without delay appoint another auditor if the auditor appointed by the party under subsection (1) or taken to have been appointed under subsection (2)—

(a) does not, for any reason, commence to hold office; or

(b) ceases to hold office; or

(c) becomes ineligible to hold office.

(4) If at any time a party appoints a new auditor under subsection (3), the party must—

(a) notify the Electoral Commission; and

(b) send to the Electoral Commission—

(i) the name, address, and contact details of the new auditor; and






(ii) the new auditor's signed consent to the appointment. 206K Persons eligible to be appointed as auditorA person is eligible to be appointed as an auditor under section 206J unless that person is—

(a) a constituency candidate; or

(b) a list candidate; or

(c) an employee or partner of a person referred to in paragraph (a) or (b); or

(d) an officer or employee of a party; or

(e) a body corporate; or

(f) a person who, by virtue of section 199(1) of the Companies Act 1993, may not be appointed or act as an auditor of a company; or

(g) a Returning Officer.

206Q Return of party's election expenses to be publicly available(1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return and every accompanying auditor's report filed under section 206I.

(2) During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return and report referred to in subsection (1).

(3) The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982.

Donations

207C Contributors to be identified(1) This section applies to a donation (other than an anonymous donation) that is funded from contributions.

(2) If this section applies to a donation, the donor must, at the time of making the donation,—

(a) disclose the fact that the donation is funded from contributions; and

(b) if 1 or more contributions are each in sum or value $1,500 or less, disclose the total amount of those contributions; and

(c) if 1 or more contributions are each in sum or value more than $1,500, disclose the following information about those contributions:

(i) the total amount of those contributions; and

(ii) the information described in subsection (3) about those contributions.

(3) The information that must be disclosed about contributions under subsection (2)(c)(ii) is—

(a) the name and address of each contributor and whether each contributor is an overseas person







within the meaning of section 207K; and

(b) the amount of each contributor's contribution.

(4) A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.

(5) A party secretary must give back to the donor the entire amount of the donation, or its entire value, if the party secretary knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.

(6) For the purposes of sections 209 and 210, any amount given back by a candidate under subsection (4), or by a party secretary under subsection (5), is taken not to have been received by the candidate or the party secretary, as the case may be. 207I Anonymous donation may not exceed $1,500(1) If an anonymous candidate donation exceeding $1,500 is received by a candidate, the candidate must, within 20 working days of receipt of the donation, pay to the Electoral Commission the amount of the donation, or its value, less $1,500.(2) If an anonymous party donation exceeding $1,500 is received by a party secretary, the party secretary must, within 20 working days of receipt of the donation, pay to the Electoral Commission the amount of the donation, or its value, less $1,500.

(3) All amounts received by the Electoral Commission under this section must be paid into a Crown Bank Account. 207K Overseas donation or contribution may not exceed $1,500(1) For the purposes of this section, overseas person means—

(a) an individual who—

(i) resides outside New Zealand; and

(ii) is not a New Zealand citizen or registered as an elector; or

(b) a body corporate incorporated outside New Zealand; or

(c) an unincorporated body that has its head office or principal place of business outside New Zealand.

(2) If a candidate receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign exceeds $1,500, the candidate must, within 20 working days of receipt of the donation,—

(a) return to the overseas person the total amount donated by the overseas person, or its value, less $1,500; or

(b) if this is not possible, pay the total amount donated by the overseas person, or its value, less $1,500 to the Electoral Commission.

(2A) If a party secretary receives from an overseas person a donation that either on its own or





when aggregated with all other donations made by or on behalf of the same overseas person during the same year ending 31 December exceeds $1,500, the party secretary must, within 20 working days of receipt of the donation,—

(a) return to the overseas person the total amount donated by the overseas person, or its value, less $1,500; or

(b) if this is not possible, pay the total amount donated by the overseas person, or its value, less $1,500 to the Electoral Commission. 208A Method of making donation protected from disclosure(1) This section applies to any person who intends to make a donation in excess of $1,500 to a party while preventing the disclosure of the person's identity to—

(a) the party concerned; and

(b) the public generally.

(2) A person to whom this section applies may send a donation in excess of $1,500 by way of a cheque, cash, or a bank draft to the Electoral Commission.

(3) A donation under subsection (2) must be accompanied by a statement identifying—

(a) the name of the party that is to receive the donation; and

(b) the full name and address of the donor; and

(c) if the donation made by the donor includes or comprises contributions from others, the name and address of every person who has contributed in excess of $1,500.

(4) The Electoral Commission may request the donor to provide any further information the Commission considers necessary to confirm the identity of the donor or other details provided by the donor, and the donor must take all reasonable steps to comply with such a request as soon as is practicable.

208B Limit on maximum amount of donations protected from disclosure(1) The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of that party during a specified period is 10% (excluding any interest paid under section 208E(2)) of the maximum amount of election expenses allowed under section 206B(1) to be incurred by a party that is listed in the part of the ballot paper that relates to the party vote and that has a candidate contesting every electoral district.(2) The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of the party from the same donor during any specified period is 15% (excluding any interest paid under section 208E(2)) of the amount that may be paid to that party under subsection (1).

(3) For the purposes of this section,—

(a) a specified period is—

(i) the period beginning on 9 November 2008 and ending with the close of the day before polling day for the next general election after that date; and






(ii) any subsequent period between polling day for one general election and polling day for the following general election:

(b) to avoid doubt, if there is a change in the name of a donor or party, the donor or party must be treated as the same donor or party (as the case may be) as the donor or party was prior to the change of name. 210C Return of party donation received from same donor exceeding $30,000(1) A party secretary must file with the Electoral Commission a return in respect of every party donation that exceeds $30,000.(2) A party secretary must file with the Electoral Commission a return in respect of every party donation that—

(a) the party secretary knows is from a donor who in the 12 months immediately preceding the date of receipt of the donation (the last 12 months) has made 1 or more previous donations; and

(b) when aggregated with all previous donations received from the donor in the last 12 months exceeds $30,000.

(3) If a return is made under subsection (2), the donations disclosed in that return must be disregarded when applying this section in relation to a party donation that is made after that return is filed.

(4) A return filed under subsection (1) must be in the form required by the Electoral Commission and set out—

(a) the name of the donor (if known); and

(b) the address of the donor (if known); and

(c) the amount of the donation; and

(d) the date the donation was received.

(5) A return filed under subsection (2) must be in the form required by the Electoral Commission and set out—

(a) the name of the donor; and

(b) the address of the donor; and

(c) the amount of the donation; and

(d) the amounts of all previous donations; and

(e) the date the donation was received; and

(f) the dates all previous donations were received.

(6) A return must be filed under subsection (1) or (2) within 10 working days of the donation being received by the party secretary.

266A Expenditure limits to be adjusted each year by Order in Council(1) The Governor-General must, by Order in Council made on the recommendation of the


Minister, in the manner provided in subsections (2) to (6), adjust the amounts specified in the following provisions:

(a) section 204B(1)(d) (which relates to the maximum amount of advertising expenses that may be incurred by an unregistered promoter):

(b) section 205C (which relates to the maximum amount of a candidate's election expenses):

(c) section 206C (which relates to the maximum amount of a party's election expenses):

(d) section 206V (which relates to the maximum amount of a registered promoter's election expenses).

(2) The first Order in Council must—

(a) come into force on 1 July 2011; and

(b) adjust the amount referred to in section 206C(1)(a) to reflect the movement between the CPI for the quarter ending 30 September 2010 and the CPI for the quarter ending 31 March 2011.

(3) Every subsequent Order in Council must—

(a) come into force on every following 1 July; and

(b) adjust the amounts referred to in subsection (1) to reflect the movement between the CPI for the quarter ending 31 March of the previous year and the CPI for the quarter ending 31 March of the current year.

(4) If after adjustment in accordance with subsection (3)(b) any of the amounts specified in the following sections is not a whole number of hundred dollars, the adjusted amount must be rounded up to the next whole hundred dollars:

(a) section 204B(1)(d):

(b) section 205C(1)(a) and (b):

(c) section 206C(1)(b) and (2).

(5) If after adjustment in accordance with subsection (2)(b) or (3)(b) the amount specified in section 206C(1)(a) or 206V is not a whole number of thousand dollars, the adjusted amount must be rounded up to the next whole thousand dollars.

(6) If an adjusted amount has been rounded up in accordance with subsection (4) or (5), the adjustment to that amount made the following year must be based on the adjusted amount as it was before it was rounded up.

(7) In this section CPI means the Consumers Price Index All Groups published by Statistics New Zealand.

New Zealand Election Commission:

How to make a donation protected from disclosure

A donation protected from disclosure is a mechanism for any person who wants to make a












donation of more than $1,500 to a registered political party and does not want their identity to be disclosed to either the public or to the party receiving the donation. The Electoral Commission puts your donation together with others and passes it to the party at regular intervals without identifying the value of individual donations, or the number or names of donors involved.

A form is provided in the Downloads box on the right hand side of this page to faciliate the making of a donation protected from disclosure.

LimitsPlease note that:

• the maximum amount that an individual or body can donate to any one political party through this process is $42,225 between two successive elections (but you may donate to more than one party in this way, and up to a $42,225 limit for each)

• no political party may receive more than $281,500 from donations protected from disclosure between two successive elections.

If a donation or contribution takes an individual or party over their limit then the Electoral Commission will return the excess.

ConfidentialityIt is an offence under the Electoral Act 1993 to tell a party or anyone else that you intend to, or have made, a donation or to provide such information that may allow them to deduce that you intend to, or have made, a donation.

Offence provisions also apply to people permitted to know this information. The only people permitted to know this information are:

• a member or employee or other person engaged by the Electoral Commission• any officer, employee, relative, adviser, or agent of the donor or contributor• any other person to whom the identifying details must be supplied to enable the donation

to be made (eg, an employee of a bank who processes a cheque by which the donation is made)

• any person to whom the identifying details must be supplied to comply with one or more of the Inland Revenue Acts (within the meaning of section 3(1) of the Tax Administration Act 1994)

• the Auditor-General• any other person entitled to the information in question in accordance with any search

warrant, summons, or any process under rules of Court, or in the course of any proceedings.

The details of those who make a donation protected from disclosure, including all contributions to a donation, cannot be supplied under the Official Information Act 1982.


Electoral Fairness Audit Results for New Zealander Election Finance:

Score:

The FDA electoral fairness audit team reached consensus on a score of 7.8/10.

Rational for Score:

Candidate and party expenses are inclusive of goods and services tax. (This provision favors dominant, established candidates and parties, and wealthy candidates and parties.)

For Candidates:

Election expenses must not exceed $25,000 in general elections, or $50,000 in by-electionsReceipts are required for election expenses of $50 or moreWithin 70 days after polling day the candidate must submit a return of his/her election expenses to the Electoral Commission, this return must be publicly available

For Parties:

Election expenses must not exceed $1,065,000 and $25,000 for each electoral district contested by a candidate for the partyReceipts are required for election expenses of $100 or moreWithin 50 days after declaring candidates to be elected, the party secretary must file a return of the party's expenses to the Electoral Commission, this return must be publicly availableParties must appoint an auditor

Donations:

There is no defined limit on political donationsContributors are to be identified by name and address if they contribute more than $1500Anonymous donations cannot exceed $1500Overseas donations cannot exceed $1500Donations can be protected from disclosure under certain stipulationsReturns must be filed on donations exceeding $30,000Expenditure limits are adjusted each year by Order in Council

Free broadcasting time based on percentage of votes in previous election, percentage of vote in preceding by-elections, number of members of parliament, any relationship between one party and another, any other indication of public support such as polls, number of party members, and fair opportunity to convey message. Broadcasting funds favor significantly dominate, established parties as do allocation broadcast allocations. Small and new parties are given insignificant monies and times. Free broadcasting times are limited to TVNZ and Radio New Zealand (public


broadcasters). (The New Zealand approach is significantly more fair than Canada's which only allows four out of nineteen registered parties to participate in national debates.)

The score of 77.5 percent means that New Zealand laws and regulations on electoral finance are very satisfactory. New Zealand has comprehensive finance laws, which include caps on donations and candidate and party expenditures, state electoral funds based on popular support, and comprehensive disclosure of candidate and party finances. However, around 25 percent of party donations do not have to be disclosed, and considering the partisan private media and broadcasters, state electoral funds should be distributed equally, if anything to offset partial media and broadcaster coverage and to put the electoral emphasis directly on the parties' platforms.


Chapter Four: Voter SayChapter four will focus on the research and audit results of New Zealander laws and regulations with respect to the equality of voter say laws and regulations before, during and after an election.

Executive Summary: New Zealand received a score of 60 percent for equality of voter say. According to the FDA grade scale, the score means that the New Zealand's laws and regulations on voter say are unacceptable. Although New Zealanders have freedom of expression and assembly, voters with access to major media and broadcasters have an unfair advantage, just as voters with access to more funds have an unfair advantage through donations and third-party electoral spending. New Zealand makes limited attempts to promote equality of voter influence, by allowing unrestricted freedom with the only constraint being a cap of electoral donations. A more fair democracy would have a lower cap on donations to reduce any favoring of wealthy voters and to promote popular support, ban commercial political advertisement, and restrict the media's political content to help create fair, democratic political contests based directly on ideas and platforms.

Research Excerpts:


Bill of Rights Act 199012 Electoral rightsEvery New Zealand citizen who is of or over the age of 18 years—

(a) has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot; and

(b) is qualified for membership of the House of Representatives.16 Freedom of peaceful assemblyEveryone has the right to freedom of peaceful assembly.

Electoral Act 1993

60 Who may voteSubject to the provisions of this Act, the following persons, and no others, shall be qualified to vote at any election in any district, namely,—(a) any person whose name lawfully appears on the main roll or any supplementary roll for the district and who is qualified to be registered as an elector of the district:

(b) any person—

(i) who is qualified to be registered as an elector of the district; and


(ii) who is registered as an elector of the district as a result of having applied for registration as an elector of the district before polling day:

(c) any person who is qualified to be registered as an elector of the district, and was at the time of the last preceding election duly registered as an elector of the district or, where a change of boundaries has intervened, of some other district in which his or her then place of residence within the first-mentioned district was then situated:

(d) any person—

(i) who is qualified to be registered as an elector of the district; and

(ii) who is registered as an elector of the district as a result of having applied, since the last preceding election and before polling day, for registration as an elector of the district or, where a change of boundaries has intervened, of some other district in which that person’s then place of residence within the first-mentioned district was then situated:

(e) any person who is qualified to be registered as an elector of the district pursuant to section 74 and who resides on Campbell Island or Raoul Island or has resided on either of those Islands at any time in the 1 month before polling day:

(f) any member of the Defence Force who is outside New Zealand, if he or she is or will be of or over the age of 18 years on polling day, and his or her place of residence immediately before he or she last left New Zealand is within the district. 61 Special voters(1) A person who is qualified to vote at any election in any district may vote as a special voter if—

(a) that person’s name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll:

(b) the person intends to be absent or is absent from the district on polling day:

(c) the person intends to be outside New Zealand on polling day or is outside New Zealand on polling day:

(d) the person is, by reason of illness, infirmity, pregnancy, or recent childbirth, unable to attend to vote at any polling place in the district:

(e) the person is, by reason of a religious objection, unable to attend to vote on the day of the week on which polling day falls:

(f) the person satisfies the Returning Officer or issuing officer that on any other ground it will not be practicable for that person to vote at a polling place in the district without incurring hardship or serious inconvenience.

(2) A person who is registered as an elector of a Maori electoral district and who is qualified to vote at any election in that district may vote as a special voter not only on the grounds set out in subsection (1) but also on the ground that the person attends to vote on polling day at a polling place that is not a polling place for that district.




(3) A person whose name appears on the main roll or any supplementary roll for an electoral district and who is qualified to vote at an election in that district may vote as a special voter if the person—

(a) applies to vote in person before polling day; and

(b) does so within that district or at an office maintained by the Returning Officer of that district. 74 Qualification of electors(1) Subject to the provisions of this Act, every adult person is qualified to be registered as an elector of an electoral district if—

(a) that person is—

(i) a New Zealand citizen; or

(ii) a permanent resident of New Zealand; and

(b) that person has at some time resided continuously in New Zealand for a period of not less than 1 year; and

(c) that electoral district—

(i) is the last in which that person has continuously resided for a period equalling or exceeding 1 month; or

(ii) where that person has never resided continuously in any one electoral district for a period equalling or exceeding 1 month, is the electoral district in which that person resides or has last resided.

(2) Where a writ has been issued for an election, every person—

(a) who resides in an electoral district on the Monday before polling day; and

(b) who would, if he or she continued to reside in that electoral district until the close of polling day, have continuously resided in that electoral district for a period equalling or exceeding 1 month,—

shall (whether or not he or she does so continue to reside in that electoral district) be deemed, for the purposes of subsection (1)(c), to have completed on that Monday a period of 1 month’s continuous residence in that electoral district.

76 Maori option(1) Subject to this section and to sections 77 to 79, a Maori who possesses the qualifications prescribed in that behalf by this Act shall have the option of being registered either as an elector of a Maori electoral district or as an elector of a General electoral district.

(2) Every such option shall be exercised—

(a) at the time the Maori first qualifies and applies to be registered as an elector of any electoral district; or

(b) in the case of a Maori who was not registered as an elector of any electoral district on the first day of the period last specified in a notice published undersection 77(2) , on the first subsequent




application for registration as an elector; or

(c) in any other case, in accordance with section 77 or section 78. 82 Compulsory registration of electors(1) Every person qualified to be registered as an elector of any electoral district shall, if he or she is in New Zealand, make application in the prescribed form to a Registrar of Electors for registration as an elector—

(a) within 1 month after the date on which he or she first becomes qualified to be registered as an elector; and also

(b) within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll undersection 83C ; and also

(c) within 1 month after the date on which, following a change in his or her place of residence from the electoral district to another, he or she first becomes qualified to be registered as an elector of that other electoral district.

(2) Notwithstanding anything in subsection (1)(a), any person of or over the age of 17 years may make application in the prescribed form to a Registrar of Electors for registration as an elector, and that person shall, upon attaining the age of 18 years, be registered as an elector without any further application.

(3) Every person qualified to be registered as an elector of any electoral district may, if he or she is outside New Zealand, make application in the prescribed form to a Registrar of Electors for registration as an elector of that district at any time.

(4) Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, this section shall apply with respect to only one of those districts, being the district in respect of which he or she has exercised his or her option under section 76.

(5) Where it appears to the Registrar that an applicant is qualified to be registered as an elector of another electoral district, the Registrar shall forthwith send the application to the Registrar of that district.

(6) Every person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to so apply.

(7) No person who applies for registration as an elector shall be liable to prosecution for an earlier failure to apply for registration as an elector.

(8) Every person who commits an offence against this section shall be liable on summary conviction to a fine not exceeding $100 on a first conviction, and to a fine not exceeding $200 on any subsequent conviction.

(9) Notwithstanding anything in subsections (1) to (7) or in section 72(9), no person is required to apply for registration as an elector while that person is living on Campbell Island or Raoul Island.







Electoral Fairness Audit Results for Equality of Voter Say:

Score:

The FDA electoral fairness audit team reached consensus on a score of 6/10.

Rational for Score:

Every New Zealand citizen over 18 years of age may vote and may be an MP.

Every citizen has a right to freedom of peaceful assembly and freedom of expression.

There are provisions for special voters and the Maori population.

Public and private media and broadcasters have no restrictions on their political content in terms of news and commentary.

The Press Council does not include balanced electoral coverage as part of its principles or fair political content. The New Zealand press is self-regulated through the Press Council.

There are no limit on electoral donations by citizens and legal entities. The limits on candidate and party expenditures is an indirect limit on donations. (Election expenses must not exceed $1,065,000 and $25,000 for each electoral district contested by a candidate for the party; Election expenses must not exceed $25,000 in general elections, or $50,000 in by-elections.)

Legal entities are allowed to donate to political parties.

Free broadcasting time based on percentage of votes in previous election, percentage of vote in preceding by-elections, number of members of parliament, any relationship between one party and another, any other indication of public support such as polls, number of party members, and fair opportunity to convey message. Broadcasting funds favor significantly dominate, established parties as do allocation broadcast allocations. Small and new parties are given insignificant monies and times. Free broadcasting times are limited to TVNZ and Radio New Zealand (public broadcasters). (The New Zealand approach is significantly more fair than Canada's which only allows four of nineteen parties in national debates.)

The score of 60 percent means that New Zealand's laws and regulations on voter say are unacceptable. The score is representative of voters' freedom of expression and assembly, and a cap on electoral donations. However, the partisan major media and broadcasters, no ban on commercial advertisement, no restriction on third-party electoral spending, and the cap on donations which favors wealthy voters, erodes the equality of voter say. In a pre-social networking era, New Zealand's score would have been in the failing zone.


Chapter Five: Audit ResultsChapter five will set out the FDA’s scores for each of the areas of the New Zealander electoral system as set out above.

1. Research and audit results for New Zealander laws and regulations on the political content of media including newspapers, broadcasters, online media, before, during, and after elections.

1/10

2. Research and audit results for New Zealander Laws and regulations on the equality of candidates and parties influence before, during and after elections.

7.1/10

3. Research and audit results for New Zealander laws and regulations on electoral finance.

7.8/10

4. Research and audit results for laws and regulations on the equality of voter say before, during, and after an election.

6/10

Total score: 21.9/40

54.75 percent


Chapter Six: AnalysisChapter six will provide a brief analysis of the FDA’s findings.

New Zealand received an overall score of 54.75 percent for electoral fairness. With reference to the FDA grade scale, a score 54.75 percent equates to a D grade: unacceptable laws and regulations for the country (many deficiencies and/or major deficiencies in some of the following: laws and regulations on the equality of political news coverage on major media (including broadcasters and newspapers), candidate and party influence, electoral finance, and voter say.) (Grade greater than 49.99% and less than 55%)

New Zealand received a 10 percent failing score for the media's political content. The score means that New Zealand's media laws and regulations are bordering on complete unfairness. Similar to Sweden and Canada, New Zealand allows major media and broadcasters to have unrestricted political content, and at the expense of electoral fairness and political equality.

New Zealand received an acceptable score for candidate and party influence and very satisfactory score for electoral finance.

New Zealand received an unacceptable score for voter say, which reflects the negative impact of the major media and broadcasters' political content and the cap on donations which favors wealthy voters.

New Zealand applies the idea of popular support to the distribution of state electoral funds, but does not apply the idea to the cap on donations. To illustrate, a party needs just 71 donations of $1500 each to reach its cap on expenditures. (In the 2008 New Zealand General Election, there were approximately 2,864,609 eligible voters.)

New Zealand's score of 60 percent for voter say is consistent with western countries such as Canada, United States, Finland, and Denmark which emphasize unrestricted freedom.


Chapter Seven: ConclusionChapter seven will provide a summary of the FDA’s findings.

New Zealand's score of 54.75 percent is unacceptable. Despite many elements of electoral fairness in its electoral system, New Zealand has overlooked or ignored the significant negative impact of no restrictions on the major media and broadcasters' political content. Consequently, New Zealand's electoral system is bordering on the failing zone for electoral fairness.

For New Zealand's democracy to advance, it needs to establish at least plurality in the media's political content, or even better, fair political content, and complete and balanced electoral coverage. As it stands, New Zealand's major major media and broadcasters have an extremely unfair influence on New Zealand's electoral discourse. This negative element undermines New Zealand's democratic progression through proportional representation and caps on electoral spending and donations.

To make democratic advancement, New Zealanders need to realize that unrestricted freedom in terms of political content is counter to the spirit of democracy by allowing minorities to have disproportionate influence on electoral discourse. Fundamentally, democracy is about the will of the people, not the will of a minority as in the case of the New Zealand's major media and broadcast corporations.


Chapter Eight: RecommendationsChapter eight will set out the FDA’s recommendations on how New Zealand can improve its electoral fairness score and thereby its electoral fairness.

New Zealand needs to reform its electoral system, in order to advance the system to a high standard of democracy and to avoid moving into the failing zone for electoral fairness. The FDA recommends the following reforms to make this advancement:

1) Like France, Venezuela, and Russia, New Zealand needs to legislate restrictions on the media's political content. Three months prior to an election and during the election period, New Zealand's press, media, and broadcasters should be required legally to provide a plurality of political content and balanced electoral coverage of all registered political parties. Like in Venezuela and Russia, media persons should be banned from participating in electoral propaganda during their professional duties.

2) As in the case of France, New Zealand should legislate media ownership concentration restrictions at about 25 percent of the national press media, broadcasters, and radio.

3) Like in Venezuela, New Zealand's Election Commission should be empowered legally and financially to ensure a balanced diffusion of electoral propaganda.

4) Like in France, three months prior to an election and during the election period, New Zealand should ban commercial political advertisement.

5) New Zealand's cap of donations needs to be lowered from $1500 to $100 in order to eliminate any favoring of wealthy voters and legal entities, and increase the element of popular support in the system. This cap should apply to candidates' contributions to their own campaigns.

6) State electoral funds for broadcasting need to be distributed based on equality to all registered parties, so that the emphasis in the New Zealand national debates is directly on the parties' platforms and an informed public of all the registered parties. (If the New Zealand Labour Party and New Zealand National Party are so much more better than the other parties, then they should perform well just based on their platforms.)

The FDA believes that New Zealand is facing a crisis in its democracy, in which the major media and broadcasters have significant unfair influence on electoral discourse. Consequently, it cannot be said that the New Zealand government represents the will of the people, as the will of minority corporate interests are interfering with that relationship.

New Zealanders face the challenge of overcoming the New Zealand political establishment which is favoring and likely benefiting from a deficient democracy. The people from Canada, USA, Sweden, Denmark, and Finland, for examples, are facing similar challenges. To overcome


this undemocratic grip on democracy, New Zealanders will have to struggle for change through social movements and a political party which represents true progression of New Zealand's democracy.


AppendixFDA global audit results as of August 5, 2011:


0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RussiaVenezuela

France Lebanon

AzerbaijanDenmark

FinlandSweden

United StatesCanada

ArgentinaTunisia

New ZealandYemen

BahrainCamerron

Egypt Iran

Libya Mexico

Saudi ArabiaSyria

Laws and regulations on the equality of political content of the media and broadcasters before, during, and after an election

<-- failing range | passing range -->

FDA Global Electoral Fairness Audit Results


0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

FranceVenezuela

New ZealandFinland

LebanonSweden

United StatesAzerbaijanArgentinaDenmark

RussiaCanadaMexico

BahrianCameroon

EgyptIran

LibyaSaudi Arabia

SyriaTunisiaYemen

Laws and regulations on the equality of candidate and political party influence before, during, and after an election<-- failing range | passing range -->



0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

FranceVenezuela

New ZealandFinland

ArgentinaDenmarkLebanonSwedenTunisia

AzerbaijanCameroon

CanadaMexico

United StatesBahrain

EgyptIran

LibyaRussia

Saudi ArabiaSyria

Yemen

Laws and regulations on the equality of electoral (campaign) finance<-- failing range | passing range -->



0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

FranceVenezuelaArgentina

MexicoCanada

DenmarkFinland

New ZealandUnited States

SwedenLebanon

RussiaAzerbaijan

BahrainCameroon

EgyptIran

LibyaSaudi Arabia

SyriaTunisiaYemen

Laws and regulations on the equality of voter influence before, during, and after an election

<-- failing range | passing range -->



0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

FranceVenezuela

New ZealandFinland

LebanonDenmark

RussiaSweden

ArgentinaUnited States

CanadaAzerbaijan

MexicoTunisia

CameroonYemen

BahrainEgypt

IranLibya

Saudi ArabiaSyria

Overall Electoral Fairness Audit Scores<--failing range|passing range -->


new zealand--2011 global fda electoral fairness audit report

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