Electoral finance reform consultation papers released

Justice Minister Simon Power has released scope and milestone papers to mark the beginning of the review into electoral finance reform.

The papers outline what the review will cover and the important dates.

“The review of electoral finance legislation is an important part of the Government’s work programme," Mr Power says.

The Government is seeking a wide range of views, both from political parties and the public, to help build an effective replacement for the Electoral Finance Act 2007 to be in place before the 2011 general election.

"We have consulted all parties in the House on this and we will continue to do so.

"I am heartened by the response of parties so far, and am confident that we will eventually reach consensus on a fair and enduring legislative framework."

The review has three stages, each providing an opportunity for the public to have a say:

1. An Issues Paper will be released in May this year. Views received on the paper will be used in the development of a Proposal Document.
   
2. A Proposal Document will be released in August this year, setting out the Government’s proposed reforms.
   
3. The final stage will be the parliamentary process. A special cross-party select committee will be established to consider the bill. There will be a third and further opportunity for the public to provide feedback at the select committee phase.

The review is focused on electoral campaigning and political party funding. It does not cover other aspects of the electoral system such as voting methods (MMP), Māori representation, administration of the electoral rolls and electorate boundaries, or local government electoral law.

An interim regime is in place following the repeal of the Electoral Finance Act 2007.

The scope and milestone papers are attached. Further information can be found at: www.justice.govt.nz/electoralfinancereform

Background information follows.

Electoral Finance Reform Review Q&A

1.        Where is information about the review available?

The review has a dedicated website:

www.justice.govt.nz/electoralfinancereform.

2.        How did the review come about?

The Electoral Finance Act 2007 has been repealed and an interim electoral finance regime is in place.  The Government has committed to new legislation being in place well before the 2011 general election.

3.        What is election campaigning and political party funding?

Electoral campaigning is any campaigning for or against any registered political party or candidate for election.  It includes campaigning by people or organisations that are not candidates or political parties, but who would like to influence the outcome of an election, for example, special interest or lobby groups. Political party funding is about how registered candidates and political parties fund their election campaigns and related activities.

4.        What will the review achieve?

The final outcome of the review will be new legislation that regulates electoral finance reform in New Zealand.  The aim is to develop a fair and enduring electoral finance regime in which everyone has confidence.

5.        What are the key topics for review?

The key topics for review are:

Guiding Principles

What are the principles that should guide the regulation of electoral finance reform? These principles help to decide what the rules should achieve.

Candidate and Political Party Funding

How should constituency candidates and political parties be funded, including private donations and other sources of funding?

Campaign Spending

What rules should there be for spending by constituency candidates and political parties during election campaigns?

Advertising

What rules should there be for campaign advertising by constituency candidates and political parties, including broadcasting?

Parallel Campaigning

What rules should there be for campaigning by individuals, organisations or groups who are not standing for election?

Monitoring and Compliance

What rules should there be for constituency candidates and political parties to declare the funding they receive and money that they spend on campaigning?

6.        How were the key topics for review decided?

The Government consulted with all parliamentary parties and agreed to the key topics for the review. The topics are broad and should generate wide-ranging discussion.

7.        What aspects of the electoral system does the review not cover? Are these issues going to be addressed?

There are some things that are important, but are not being considered as part of this review.  These include:

•          Electoral system (MMP)


•          Māori representation


•          Administration of the electoral rolls


•          Electorate boundaries


•          Local Government Electoral Law

It was necessary to restrict the scope of the review to some extent so the review could be completed in time for new law to be in place before the next general election. This is to allow candidates, political parties and other participants in election campaigning to familiarise themselves with the rules well before the election. As the review progresses, other areas of electoral law in need of review may be identified. The Government will consider the most appropriate process for these and other issues as they arise.

8.        What stages will the review have?

There are three stages to the review:

•    Stage 1 – Issues Paper

An Issues Paper will be released for comment in May.  Its purpose is to generate public discussion on broad issues and gather ideas for ways to address these issues.  The Issues Paper is not Government policy and is designed to ask questions, not provide answers.

•    Stage 2 – Proposal Document

A Proposal Document will be released for comment in August.  Its purpose is to seek public input on Government proposals for new legislation.  The Proposal Document will take into account the views provided by the public on the Issues Paper.

•       Stage 3 – A Bill

A bill will be drafted and introduced into the House by the Minister of Justice.  The bill will go through the parliamentary stages, including the select committee phase where there will be a further opportunity for the public to provide feedback on the Government’s proposals.

More detail about the stages and key milestones for the Review can be found on the review’s website: www.justice.govt.nz/electoralfinancereform

9.        Who is the Minister responsible for the review? 

The Ministry of Justice is administering the review. The Minister of Justice is Hon Simon Power

10.      Who is being consulted?

All parliamentary parties and the public will be consulted.  Everyone will have more than one opportunity to have a say and generate ideas about electoral campaigning and political party funding.

11.     How can the public get involved?

Throughout the review, members of the public will be able to provide feedback and comments by:

•       Making a submission via email: electoralfinancereform@justice.govt.nz


•       Posting a submission to:

Electoral Campaigning and Political Party Funding Review

Ministry of Justice

PO Box 180

WELLINGTON 6140

NEW ZEALAND

•       Participating in one of the public forums on the Issues Paper that will be held in Auckland, Wellington, and Christchurch.

12.      How will people’s views be taken into account?

All submissions received will be given serious consideration.  At the conclusion of consultation on the Issues Paper and Proposal Document a summary of submissions will be prepared. Submissions on the Issues Paper will inform the proposals set out for consultation in the Proposal Document.  The Proposal Document will contain concrete proposals for new legislation. Submissions on the Proposal Document will be taken into account when the new legislation is being drafted into a bill. When the bill is before select committee, the committee will take submitters views into account as part of their report to Parliament.