9 Mar 2016
PETERS v THE ELECTORAL COMMISSION [2016] NZHC 394
- Citation
- [2016] NZHC 394
- Court
- High Court
The correct interpretation of 'publishes' in s199A includes continuing publication and republication via the internet during the prohibited period; material placed on a website earlier but accessible during polling day or the two preceding days is 'published' for s199A purposes. The Electoral Commission's contrary view was legally incorrect; its advisory opinion was an exercise of a reviewable statutory power but declaratory relief (not quashing) was appropriate.