Dated: 30 July 2009

Decision Number: 2009-36

Subject: A video about National Party Asian candidates was displayed on YouTube along with the statement: Authorised by M Oldershaw, 276a Fergusson Dr, Heretaunga, Upper Hutt. The video was not included in the National Party election expenses return.

The Electoral Commission considered whether:

• the video is a party election advertisement within the meaning of the Electoral Finance Act 2007 and, if so whether:
  • it contains a promoter statement that satisfies the criteria in the Act and whether its publication is authorised as required by the Act
  • any offence has been committed and, if so, whether the offence should be reported to the Police;
• the election expense return was false in any material particular and, if so, whether any offence has been committed.

 Findings and Determination: Video displayed on YouTube did not contain a statement of the promoter’s details and its publication does not appear to have been authorised in writing by the financial agent for the National Party. The facts will be reported to the Police.

The video is not a National Party election expense as it was not an activity undertaken by or with the authority of the party secretary or financial agent.

Contravention of sections 63(2)(a) and 65(1)(b) of the Electoral Finance Act 2007 by failure to display a statement of the promoter’s details, and contravention of 65(1)(a) by failure to obtain written authorisation from the party financial agent. No determination as to who the promoter was, whether the contraventions were wilful within the context of sections 63(4) and 65(4) of the Act, or whether any contravention of section 63(2)(b) occurred. The facts will be reported to the Police.

No offence committed under section 109 of the Act as the video is not a National Party election expense within the meaning of section 94.
 

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