Greenpeace of New Zealand Inc v Electoral Commission

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

19/08/2014

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Statutory Duty

REVIEW TYPE

Judicial review

SUMMARY

(Lexis Catchwords & Digest)

Statutes — Interpretation — (NZ) Electoral Act 1993 s 3A(1) — 'Election advertisement' — Statutes — Interpretation — (NZ) Electoral Act 1993 s 3A(2)(e) — 'Individual'

Application for declaration.

In June 2014, applicant organisation along with other non-governmental organisations (NGO) commenced campaign known as 'Climate Voter' launched through applicant's website (Climate Voter website) and social media account. Earlier in December 2013, NGO launched website (Simon Bridges website) which displayed what appeared to be official website of Honourable Simon Bridges, Parliament Member and Minister of Crown (Minister). Applicant's website invited visitors to sign in as 'Climate Voter' while Simon Bridges website featured animated graphic of black substance depicting oil spill. Applicant stated website not connected to 2014 election but formed part of campaign intended to criticise Minister's performance and raise public awareness of conservation issues connected with oil exploration.

Respondent Commission advised applicant that both websites considered election advertisements, hence subject to regulation under (NZ) Electoral Act 1993 (Act), particularly expenditure restrictions, registration and other associated obligations. Applicant sought application for declarations that Climate Voter website, Simon Bridges website and associated materials were not election advertisements.

Both parties submitted arguments and relied on legislative history of Act in support of interpretation of Act s 3A(1). Sought meaning of 'election advertisement' as defined by Act s 3A(1). Sought meaning of term 'individual' and whether term as used in Act s 3A(2)(e) extended to exclude legal persons.

Established Act s 3A(1) not intended to cover issues-based advocacy and intended only to have application to organisation that entered into advocacy for or against party or candidate. Established statutory definition required 'advertisement' to be one that 'may reasonably be regarded as encouraging or persuading voters' to vote or not to vote for or against a type of candidate or party. Established if publication in question has effect of encouraging or persuading, arguably publication must be promoting some form of conduct hence can be considered advertisement both in the sense contended for by both parties. Established meaning of 'election advertisement' in Act s 3A(1) was proportionate means of achieving the important objective of preserving the integrity of the electoral system and ensuring 'level playing field' for expression designed to influence the public as to the type of candidate or party to be voted for. Established by evidence Climate Voter website not 'election advertisement' under meaning of Act 3A(1). Established only reasonably possible interpretation of the term 'individual' in context of s 3A(2)(e) was limited to natural persons and same was Parliament's clear legislative intent.

Application granted.

CASE DOCUMENTS

Greenpeace of New Zealand Inc v Electoral Commission [2014] NZHC 2135

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