Dated: 12 February 2009

Decision Number: 2009-02

Subject: A hedge outside a residential property in Auckland is pruned in a manner that displays the word “Green” similar to the Green Party logo. No promoter statement is visible.

Findings and Determination:  

Mr Green displayed a hedge pruned in a manner that the word “Green” is visible. No determination made as to whether the hedge is an election advertisement but, if it is an election advertisement, any potential contravention was not wilful and therefore no offence committed. Even if an offence had been committed, the matter is so inconsequential to the public interest that the matter would not be reported to the Police.

No offence committed under sections 63(4) or 65(4) of the Electoral Finance Act 2007 in respect of a hedge displaying the word “Green” because the owner did not wilfully publish, or cause or permit to be published, an election advertisement in contravention of sections 63 or 65. Furthermore, if an offence had been committed, for the purposes of section 70 the offence would be so inconsequential there would be no public interest in reporting the facts to the Police.

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