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Referendums Framework Bill

Referendum advertising - Preliminary provisions

39: Meaning of referendum advertisement

You could also call this:

"What is a referendum advertisement: an ad that tries to influence how you vote"

Illustration for Referendums Framework Bill

When you hear the term referendum advertisement, it means an ad in any medium that tries to encourage or persuade people to vote in a certain way in a referendum. This can be an ad that tells you to vote yes or no, or not to vote for a particular option. The ad must be published from the time the referendum is announced until the day before the election.

You will see these ads from the time the referendum is declared until the day before the general election. However, some things are not considered referendum advertisements, such as ads from the Electoral Commission or editorial content in newspapers, radio, or TV programmes.

If someone expresses their personal political views online without getting paid, that is not a referendum advertisement either. There are also rules that can declare certain ads or activities as not being referendum advertisements.

In this context, a periodical refers to a newspaper, magazine, or journal that was created for reasons unrelated to the referendum and is published regularly for the public to read.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028697.

Topics:
Government and voting > Elections
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Part 3Referendum advertising
Preliminary provisions

39Meaning of referendum advertisement

  1. In this Part, unless the context otherwise requires, referendum advertisement means an advertisement in any medium that—

    1. may reasonably be regarded as encouraging or persuading electors—
      1. to vote in a particular way in the referendum; or
        1. not to vote in a particular way in the referendum; and
        2. is published at any time from the date on which the provision of the enactment declaring the referendum to be a referendum for the purposes of this Act comes into force until the close of the day before polling day for the general election at which the referendum is held.

        3. However, the following are not referendum advertisements:

        4. an advertisement that is published, or caused or permitted to be published, 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:
          1. the editorial content of—
            1. a periodical:
              1. a radio or television programme:
                1. a publication on a news media internet site:
                2. a statement that does not promote, or could not reasonably be regarded as promoting, a particular option for a question in the referendum voting paper:
                  1. any transmission (whether live or not) of proceedings in the House of Representatives:
                    1. any publication on the internet, or any other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication:
                      1. an advertisement or a class of advertisements, or an advertising activity or a class of activities, declared by regulations made under section 85 not to be a referendum advertisement for the purposes of this Act.

                        1. In this section, periodical means a newspaper, magazine, or trade or professional journal that—

                        2. was established for purposes unrelated to the conduct of the referendum; and
                          1. since its establishment has been—
                            1. published at regular intervals; and
                              1. generally available to members of the public.