Human Rights Commission
Media Release
18 October 2007

Electoral Finance Bill flawed: Human Rights Commission

The Human Rights Commission appeared before the Justice and Electoral Select Committee today to present its oral submission on the Electoral Finance Bill.

Chief Human Rights Commissioner Rosslyn Noonan described the bill as flawed and asked the Committee to withdraw or substantially change the bill given the implications of the proposed legislation for the democratic rights of New Zealanders.

If the Committee decided to proceed by simply amending the bill, it was imperative that members of the public are given a further opportunity to scrutinise it and make submissions before it is referred back to Parliament, Ms Noonan said.

The Commission’s submission identified a range of proposals in the bill that it considered were out of proportion to its aim of ensuring transparency, accountability and greater equity of participation in the election process.

Ms Noonan said, “The Commission fully supports the aim of ensuring greater transparency, equity and increased participation in the electoral process, but we do not believe this is the way to achieve those aims.”

The proposals questioned are:

- The potential extension of the regulated period for election advertising that would limit comment on any position advanced by a candidate for almost a year before an election
- The very wide definition of an election advertisement
- The restrictions on third parties that may curtail political participation
- The potential exclusion of young people from the political process.

The Commission acknowledged the difficulty in protecting the integrity of the political process which requires both allowing for maximum public participation and ensuring that some groups do not have an unfair financial advantage over others. The Commission supported some aspects of the bill, including disclosure of election donations of more than $20,000 throughout an election year.

The Commission suggested that to satisfy the potential infringement on the freedom of expression and the rights of citizens to participate in elections that a new or redrafted bill:

- Retain the present regulatory period
- Reword the definition of “election advertisement” to clearly focus on advertising relating to an election
- Reconsider the scheme to regulate third parties
- Redefine the meaning of a third party to ensure that young people are not excluded from political debate.
 
ENDS

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