2 Apr 2015
WATSON & JONES v ELECTORAL COMMISSION [2015] NZHC 666
- Citation
- [2015] NZHC 666
- Court
- High Court
On a rights‑consistent purposive construction of the statutes and having regard to legislative history and NZBORA, the Court held the song and music video are not "election advertisements" under s 3A of the Electoral Act 1993 and are not "election programmes" under s 70 of the Broadcasting Act 1989; alternatively, to the extent they could otherwise fall within those definitions, they qualify for the Electoral Act editorial/personal‑views exceptions and for the Broadcasting Act comments exception, and the Commission's contrary advisory opinion would impose unjustified limits on freedom of expr…