Just who is breaking the law ...
From the Electoral Finance Act:
Section 63:
2. No promoter may, during a regulated period, publish, or cause or permit to be published, any election advertisement unless—
(a) the advertisement contains a statement that sets out the name and address of the promoter of the advertisement;
4. Every promoter is guilty of an illegal practice who wilfully contravenes subsection (2).
Section 143:
Every person who is guilty of any illegal practice is liable on conviction on indictment to a fine not exceeding—
(b) $10,000 in the case of any other person.
Taken at 7.30pm tonight:
The party logo has no contact name, no contact address - and this vehicle is not owned by any government agency, but by Trevor Mallard. If the car or the signage was funded by Mallard's Parlimentary budget it would have a Parliamentary Crest visible (in proportion with the party logo) and then not be covered by the Electoral Finance Act.
Until it gets some updated sign-writing, Mr Mallard will be breaking a law he voted for every time he drives or leaves it in a place that a voter can see it - as it is now on a public street in Lower Hutt.
If Trevor Mallard takes so little care with legislation that directly effects him, then what care does he take when he voted for laws that effect others?
Section 63:
2. No promoter may, during a regulated period, publish, or cause or permit to be published, any election advertisement unless—
(a) the advertisement contains a statement that sets out the name and address of the promoter of the advertisement;
4. Every promoter is guilty of an illegal practice who wilfully contravenes subsection (2).
Section 143:
Every person who is guilty of any illegal practice is liable on conviction on indictment to a fine not exceeding—
(b) $10,000 in the case of any other person.
Taken at 7.30pm tonight:
The party logo has no contact name, no contact address - and this vehicle is not owned by any government agency, but by Trevor Mallard. If the car or the signage was funded by Mallard's Parlimentary budget it would have a Parliamentary Crest visible (in proportion with the party logo) and then not be covered by the Electoral Finance Act.
Until it gets some updated sign-writing, Mr Mallard will be breaking a law he voted for every time he drives or leaves it in a place that a voter can see it - as it is now on a public street in Lower Hutt.
If Trevor Mallard takes so little care with legislation that directly effects him, then what care does he take when he voted for laws that effect others?
posted by Michael at
8:00 PM
4 Comments:
Painting a message on the side of a vehicle is, I'm fairly sure, not "Publishing" it. This word publishing has often been misconstrued to mean any type of public wording but I don't think this is how it is legally defined.
By
Anonymous, at 11:37 PM
"Publishing" is defined in the Act as well, and this meets the definition. You can read the Act for yourself at www.legislation.govt.nz
By
Michael, at 8:59 PM
As suggested by you I've gone and read the act and especially it's definition of the word "publish" and this convinces me that signage on the side of a van does not constitute publishing according to the act.
By
Anonymous, at 1:31 AM
The Act says :
publish, in relation to an advertisement, means to—
(b) issue, hand out, or display, to the public
So that captures signage. The Act also says:
Party advertisement means any form of words or graphics, or both, that can reasonably be regarded as encouraging or persuading voters to do either or both of the following:
(a) to vote for the party.
If the van or signage was funded by Parliamentary Services it would have the Parliamentary Crest.
My feeling is that if the signage was for a company, it would be intended to encourage people to use the services of the company. So by displaying the Labour Party logo, Labour is encouraging people to vote.
If I was to put a National Party logo on my car, I'm sure it certainly would be covered. However, it's not my view that counts - you're welcome to contact the Cheif Electoral Office and ask for advice, and then let me know if it's okay as I'm sure every committed political party member will do the same!
By
Michael, at 7:53 PM
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