Electoral Finance Act 2007

The Act made it illegal for anyone to spend more than NZ$12,000 criticising or supporting a political party or taking a position on any political matter, or more than NZ$1,000 criticising or supporting an individual member of parliament, without first registering with a state agency, the Electoral Commission.[4]

The Bill as introduced required that unregistered third parties file statutory declarations before publishing election advertisements.[4]

The Bill originally limited the spending of registered third parties on political advertising to $60,000,[4] but this was later increased to $120,000 by the Select Committee.

The regulation of third parties also extends to their finances. The Act requires that third parties disclose all donations they receive over $5000. Anonymous donations that third parties receive over this level must be given to the State.[4]

The Act extends the "regulated period" for election campaigning from the previous 90-day period to the period starting on 1 January of election year – from three months to around ten, depending on the timing of the election. During this period electoral advertising by candidates, political parties and third parties must follow election rules, and spending limits apply.[4]

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On 17 November 2007 a protest in Auckland against the Bill, organised by John Boscawen, drew over 2,000 protestors.[8] A second Auckland protest, on 1 December 2007, drew a crowd of around 5,000.[9] Smaller protests were held in Wellington and Christchurch.

The Bill was introduced on 23 July 2007 by Minister of Justice Mark Burton, who said at its introduction "The package of reforms introduced to Parliament will help promote participation in parliamentary democracy, and aims to clean up New Zealand's electoral system and protect it from abuse."[10]

Under section 7 of the New Zealand Bill of Rights Act 1990, the Attorney-General must advise Parliament at the introduction of a bill if that bill is inconsistent with the New Zealand Bill of Rights Act. The Crown Law Office, which undertook the review, concluded that the Bill was consistent with the Bill of Rights.[11] The National Business Review described Crown Law's opinion as "...one of the worst, most politically expedient calls on New Zealand human rights legislation in memory."[12]

The Bill passed its first reading on 27 July by 65 votes to 54, with the Labour, Greens, NZ First, United Future and Progressive voting in favour, and the National Party, Māori Party and independents Gordon Copeland and Taito Phillip Field voting against. ACT did not vote. The legislation was sent to the Justice and Electoral Committee for consideration, with agreement from MPs to extend the membership of the committee for consideration of the Bill to include members from almost all Parliamentary parties. The committee's report on the Bill was due by 25 January 2008.

Public submissions on the Bill closed on 7 September 2007. Radio New Zealand reported on 31 August that the Government had indicated it might write to the Committee indicating that it intended to make unspecified changes to the parts of the legislation dealing with third parties. This would have prevented the committee from hearing criticism of the existing provisions and allow the Government to introduce changes during the Committee of the Whole House without the public being able to make submissions on the new provisions.[13] Then Prime Minister Helen Clark denied this.[14]

Investigative journalist Nicky Hager, author of The Hollow Men, submitted in favour of the need for changes to New Zealand electoral law.[15] The New Zealand Law Society,[16] and the New Zealand Human Rights Commission submitted against the Bill.

The Select committee reported the Bill to the House of Representatives on 18 November 2007, and recommended that the Bill proceed.[17]

Annette King, who became Minister of Justice following a Cabinet reshuffle on 31 October 2007, [18] announced a number of changes to the Bill.[19]

These changes included:

• Increasing the cap on total third party spending from $60,000 to $120,000;
• Increasing the cap on election advertising before they have to register under the new law from $5,000 to $12,000;
• Changing the definition of election advertising;
• Increasing the corruption penalties to $100,000 fine.

The Bill was put to a second reading vote on 22 November 2007.[17] It passed by 65 votes to 54, with Labour, New Zealand First, the Greens, United Future, and the Progressive Party supporting it. National, ACT, the Māori Party, and independents Gordon Copeland and Taito Phillip Field voted against it, the Māori party voting two of its four votes in favour.[20]

The Committee of the whole House stage began on 3 December 2007.[20]

The Bill passed its third reading on 18 December 2007 by 63 votes to 57, with the National Party, the Maori Party, ACT, United Future and independent MP Taito Phillip Field voting against and Labour, the Greens, New Zealand First and Progressive voting for.[21] Independent MP Gordon Copeland did not vote.