1.1 Introduction
Both Part 6 of the Broadcasting Act 1989 and electoral laws govern how and when political parties, electorate candidates, and third party promoters can use radio and television advertising in election campaigns. Party and candidate election programmes can only be broadcast on radio and television between writ day and the day before election day (“the election period”). Broadcasting an election programme at any other time is prohibited.
Registered parties may only use money allocated by the Electoral Commission to broadcast election programmes during the election period, together with any free time allocated for party opening addresses and closing addresses.
Parties cannot use their own funds to purchase additional broadcasting time. They can use their own funds for production costs within their election expenditure limits.
Parties (registered and unregistered) not allocated funds may only use radio and television to promote their electorate candidates. A candidate cannot share their radio or television advertising with another candidate or candidates.
“Broadcasting” covers radio and television, including subscription services but not pay-per-view channels, or internet podcasts.
1.2 Allocation process
Registered parties can apply to the Electoral Commission for consideration for an allocation of money to broadcast election programmes, and for free time for opening and closing addresses provided by Television New Zealand and Radio New Zealand. There is no allocation for a by-election, nor directly to electorate candidates.
A party is only eligible for the broadcasting allocation if:
- the party is registered on the Register of Political Parties at the time of the dissolution of Parliament, and
- the party has given notice to the Electoral Commission that the party considers itself to be qualified for an allocation by the deadline specified by the Commission in an election year.
The Broadcasting Act sets the criteria the Commission must consider in making an allocation. The allocation is generally made by June in an election year. Allocations may be varied later in certain circumstances, for example, if a party fails to register by dissolution of Parliament or does not submit a party list.
A component party of an umbrella party may apply but cannot receive an allocation if the umbrella party does.
The process summarised below is set out in Part 6 of the Broadcasting Act 1989.
1.3 Allocation Timetable
The allocation timetable for a general election usually starts in February of election year:
1.4 Factors the Electoral Commission must consider
The law requires the Electoral Commission to consider the following factors in allocating time and money to an eligible political party at a general election:
• the number of persons who voted at the preceding general election for a party and its candidates;
• the number of persons who voted at any by-election held since the preceding general election for any candidate for the party;
• the number of members of Parliament who were members of a political party immediately before the expiration or dissolution of Parliament;
• any relationships that exist between one political party and another party;
• any other indications of public support for a political party such as the results of opinion polls and the number of persons who are members of the party;
• the need to provide a fair opportunity for each registered political party to convey its policies to the public by the broadcasting of election programmes on television.
The Electoral Commission decides the relative emphasis to be given to each of these factors after considering parties’ submissions. It cannot consider other matters.
Parties may receive an allocation of time, or funds, or both.
1.5 Available time and money
Television New Zealand and Radio New Zealand are asked by the Electoral Commission to advise how much free time they will give for the broadcast of parties’ campaign opening addresses and closing addresses.
The Minister of Justice advises the Electoral Commission how much money is available for the broadcasting of election programmes, which has to be the same amount as for the previous election unless Parliament changes it.
1.6 Broadcasting limited to allocation
It is illegal for a party to spend its own funds on buying radio or television time for party advertising whether or not it is eligible for or has received an allocation. A party is permitted to spend its own funds or its broadcasting allocation on production costs.
An election programme relating to an electorate candidate may be funded from a party’s broadcasting allocation or the candidate’s own campaign funds.
It is an offence for anyone (including a broadcaster) to arrange for a party’s election programme to be broadcast in contravention of Part 6 of the Broadcasting Act.
For further information on the election advertising rules that apply to broadcasting election programmes see Part 6 of the handbook.