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Electoral Act 1993

Corrupt and illegal practices - Illegal practices

221B: Display of advertisement of a specified kind

You could also call this:

"Rules for displaying election posters and ads before voting day"

Illustration for Electoral Act 1993

During the 9 weeks before polling day, you can display certain advertisements without worrying about other rules that might normally apply. These advertisements are ones that encourage people to vote for a party registered under Part 4 or promote a candidate. You can display these advertisements in public places or on private property, as long as they are not bigger than 3 square metres.

If the polling day is changed, the rules about displaying advertisements change too. You need to stop displaying the advertisements 7 days after the new polling day is announced. Then you can display them again, but only for a certain period of time before the new polling day.

Some advertisements are not included in these rules, like ones in newspapers or on TV, or small posters. You can still display advertisements that follow other rules, like ones set by local authorities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1869253.

Topics:
Government and voting > Elections
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221A: Electoral advertisements, or

"Rules for ads about elections: saying who's behind them"

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"Stopping people from helping others vote when they're not allowed to"

Part 7Corrupt and illegal practices
Illegal practices

221BDisplay of advertisement of a specified kind

  1. During the period beginning 9 weeks 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—

  2. 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
    1. 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.

      1. Despite subsection (1), if at any time after the 9-week period referred to in that subsection commences the date that is to be polling day (date A) is changed to a later date (date B),—

      2. the period that began 9 weeks before date A ends at the close of 7 days after the date on which public notice is given of date B by the issue of a media statement; and
        1. an additional period applies for the purposes of subsection (1) in respect of the later polling day that is the shorter of the following periods; and
          1. the period beginning 9 weeks before polling day and ending with the close of the day before polling day; and
            1. the period beginning on the day after the day on which the period in paragraph (a) closes and ending with the close of the day before polling day.

            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—

            3. encourages or persuades, or appears to encourage or persuade, voters to vote for a party registered under Part 4; or
              1. is used, or appears to be used, to promote or procure the election of a candidate; but
                1. does not include—
                  1. an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or
                    1. an advertisement broadcast by any television station or by any electronic means of communication.

                    2. 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.

                    Notes
                    • Section 221B: substituted, on , by section 9 of the Electoral Amendment Act 2009 (2009 No 1).
                    • Section 221B(1): amended, on , by section 106 of the Electoral Amendment Act 2017 (2017 No 9).
                    • Section 221B(1A): inserted, on , by section 26 of the Electoral Amendment Act 2022 (2022 No 80).