Labour CD and booklet hit bum note

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A Labour Party brochure and CD are likely to be referred to election authorities in the first battle in what is set to be a bitter war over new campaign rules.

National Party deputy leader Bill English has accused Labour of breaching the Electoral Finance Act rushed through last year by failing to include party secretary Mike Smith's name on the brochure and his home address on the CD.

National is drawing comparisons between the eight-page brochure We're making a difference for everyone listing Labour achievements, and the 2005 pledge card which sparked a row over election funding and advertising.

Mr English revealed yesterday that the Parliamentary Service, which oversees parties' use of taxpayer funds, had warned that advertising which might be allowed under its rules could still fall foul of the act, which applies from January 1 in election year.

Though the act excludes spending from parliamentary funds from election limits, advertisements that can reasonably be seen as electioneering have to comply with other rules.

These include bearing the name and home address of the party's financial agent.

Mr English said the Labour brochure clearly fell within the definition of election advertising and should therefore include the name and home address of Mr Smith, the party's financial agent.

"If something paid for by Parliament meets the definition of an election advertisement, then it would have to be authorised, because it's an offence not to have an authorisation on an election advertisement."

Mr English said the CD, which features pro-Labour songs by singer-songwriter Chris Knox, also fell foul of the law as it had Labour's national postal address instead of Mr Smith's home address.

Both items were being distributed this week and therefore caught by the January 1 start.

But Mr Smith said the act allowed financial agents to list the address of their party, and the chief electoral officer had given an indication that view was acceptable.

He was not aware of the brochure as it was produced by the parliamentary wing of the party.

Mr English said the law made it clear a financial agent was a "person" under the act and therefore had to give a home address.

National was considering referring both items to the Electoral Commission.

- © Fairfax NZ News