Election hoardings and signs
Guidelines for erecting election hoardings
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| Electoral Amendment Act 2004
For further information phone the Information advisor, Democracy services on (09) 307 7344 or email
officialinformation@aucklandcity.govt.nz
Electoral Amendment Act 2004
8 New section 221B inserted
The principal Act is amended by inserting, after section 221A, the following section:
"221B Display of advertisement of a specified kind
"(1) During the period beginning 2 months before polling day and ending with the close of the day before polling day,
the display of an advertisement of a specified kind is not subject to---
"(a) any prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that
applies in relation to the period when an advertisement of a specified kind may be displayed; or
"(b) any prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation
to the content or language used in an advertisement of a specified kind.
"(2) In this section advertisement of a specified kind means an advertisement displayed in a public place or on private
property that does not exceed 3 square metres in size and that---
"(a) encourages or persuades or appears to encourage or persuade voters to vote for a party registered under Part 4; or
"(b) is used or appears to be used to promote or procure the election of a constituency candidate; but
"(c) does not include---
"(i) an advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square
centimetres in size; or
"(ii) an advertisement broadcast over any television station or by any electronic means of communication.
"(3) Nothing in this section limits or prevents the display before polling day of any advertisement relating to an
election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local
authority."
9 New sections 267A and 267B inserted
The principal Act is amended by inserting, after section 267, the following sections:
"267A Regulations relating to advertisement of a specified kind
"(1) The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make
regulations regulating---
"(a) all or any of the following matters in relation to an advertisement of a specified kind: "(i) design:
"(ii) layout:
"(iii) shape:
"(iv) colour:
"(b) the procedures to be followed by any person before displaying an advertisement of a specified kind.
"(2) Regulations made under subsection (1)(a)---
"(a) may be made only for the purpose of ensuring that an advertisement of a specified kind does not endanger the
safety of road users; and
"(b) apply only during the period beginning 2 months before polling day and ending with the close of the day before
polling day.
"(3) Regulations made under subsection (1) may---
"(a) impose different requirements for an advertisement of a specified kind depending on how it is published:
"(b) override or modify any other enactment and any bylaw or other instrument.
"(4) In this section, advertisement of a specified kind has the same meaning as in section 221B(2).
"(5) This section is subject to section
267B. "267B Requirements before Minister can recommend that regulations be made
"(1) The Minister may not recommend the making of any regulations under section 267A(1)(a) unless---
"(a) the Minister has consulted with the Minister who is for the time being responsible for the administration of the
Land Transport Act 1998; and
"(b) the Minister is satisfied that the regulations do not restrict the rights of candidates and political parties any
more than is reasonably necessary to ensure that an advertisement of a specified kind does not endanger the safety of road users;
and
"(c) the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in
Parliament; and
"(d) the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's
recommendation comprise at least 75% of all members of Parliament.
"(2) The Minister may not recommend the making of any regulations under section 267A(1)(b) unless---
"(a) the Minister has consulted with the Minister of Local Government; and
"(b) the recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in
Parliament; and
"(c) the members of Parliament of the political parties whose parliamentary leaders agree with the Minister's
recommendation comprise at least 75% of all members of Parliament."
