20 Oct 2016
THE ELECTORAL COMMISSION v WATSON & ANOR [2016] NZCA 512
- Citation
- [2016] NZCA 512
- Court
- Court of Appeal
The Court held that on a rights‑sensitive purposive reading the song and video were not 'election advertisements' under the Electoral Act because they were personal political expressions by non‑parallel campaigners (the internet personal‑views exclusion applied) and not commercial/promoter‑style advertisements; and they were not 'election programmes' under the Broadcasting Act because s 70's prohibition is confined to programmes broadcast for political parties or candidates (pt 6's allocation purpose). The Electoral Commission had overreached in advising broadcasters without sufficient contex…