Alliance election broadcasting complaint upheld

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The Court of Appeal has upheld a complaint by the left-wing Alliance Party, suggesting "some implications for future elections".

The Court has this morning released its ruling on an appeal by the Alliance Party over its lack of broadcasting airtime for a closing address on television and radio at the 2008 election.

The Alliance Party got broadcasting and financial allocations for the 2008 election but did not receive any time for a closing address.

A case brought by the Alliance against the Electoral Commission to the High Court was dismissed in September 2008.

However, the Court of Appeal today said Part 6 of the Broadcasting Act 1989 required the Electoral Commission to allocate time for an opening address and for a closing address to every registered political party.

In a statement, the Court of Appeal said its declaration cast no doubt on the standing and lawfulness of the 2008 General Election. However, the decision "has some implications for future elections".

At the 2008 election, the Electoral Commission had 72 minutes of time available on Television New Zealand (TVNZ) and Radio New Zealand for opening addresses by the parties and 30 minutes of time for closing addresses, as well as $3211,875 of public money.

The Alliance Party got one minute of time for an opening address, $10,000 for broadcasting election advertising, and a production package of $7000. But it did not receive any time for a closing address.

The Court of Appeal decision said that on its proper application, the Broadcasting Act required the commission to allocate time to every political party for a closing address.

A political party needs at least 500 "current financial members" who are eligible to enrol as voters in order to become registered.

The Court of Appeal allowed the Alliance Party's appeal but did not award any costs.