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Electoral Act 1993

Corrupt and illegal practices - Illegal practices

221A: Electoral advertisements

You could also call this:

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

Illustration for Electoral Act 1993

When you publish or broadcast an advertisement about an election, you must include the true name of the person who asked you to do it. You must also include their address, which is where they live or work. This rule does not apply if the Electoral Commission or another government agency publishes or broadcasts the advertisement, as long as it says who authorised it. If you break this rule on purpose, you are doing something wrong. The law does not stop newspapers or broadcasters from publishing news or comments about elections, as defined in section 2(1) of the Broadcasting Act 1989. It also does not apply to what people write on news websites or when individuals share their own political views online without getting paid. In this case, a medium includes the Internet or any other electronic way of sharing information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM310409.

Topics:
Government and voting > Elections
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221: Advertisements for candidates and political parties, or

"Rules about ads for politicians and parties are no longer a law"

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221B: Display of advertisement of a specified kind, or

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

Part 7Corrupt and illegal practices
Illegal practices

221AElectoral advertisements

  1. A person must not publish or cause or permit to be published in any medium, or broadcast or cause or permit to be broadcast in any medium, any advertisement relating to an election (not being an election advertisement as defined in section 3A) unless the advertisement includes a statement specifying—

  2. the true name of the person for whom or at whose direction it is published or broadcast; and
    1. the address of that person’s place of residence or business.

      1. Subsection (1) does not apply to any advertisement published or broadcast, or caused or permitted to be published or broadcast, in any medium, by 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.

      2. Every person is guilty of an illegal practice who wilfully contravenes any provision of subsection (1).

      3. Nothing in this section—

      4. restricts the publication or broadcast in any medium of any news or comments relating to an election made in a newspaper or periodical or by a broadcaster (as that term is defined in section 2(1) of the Broadcasting Act 1989); or
        1. applies to the editorial content of a publication on a news media Internet site; or
          1. applies to any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.

            1. In this section, medium includes the Internet or any other electronic medium.

            Notes
            • Section 221A: inserted, on , by section 82 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).
            • Section 221A(1): replaced, on , by section 17(1) of the Electoral Amendment Act 2019 (2019 No 72).
            • Section 221A(2): amended, on , by section 17(2) of the Electoral Amendment Act 2019 (2019 No 72).
            • Section 221A(2): amended, on , by section 52(15) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).
            • Section 221A(2): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
            • Section 221A(4): replaced, on , by section 17(3) of the Electoral Amendment Act 2019 (2019 No 72).
            • Section 221A(5): inserted, on , by section 17(3) of the Electoral Amendment Act 2019 (2019 No 72).