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Submission on the Electoral Finance Reform Issues Paper
26 June 2009Jesse WilsonJonathan OrpinStephen WhittingtonYogesh Patel
―
[Representative democracy] means ultimately government by the free public opinion of an open society,the effectiveness of which, as events have not infrequently demonstrated, is undoubted.But public opinion, in order to meet such a responsibility, demands the condition of a virtuallyunobstructed access to and diffusion of ideas. Parliamentary government postulates a capacity in men,acting freely and under self-restraints, to govern themselves; and that advance is best served in the degreeachieved of individual liberation from subjective as well as objective shackles [...]This constitutional fact is the political expression of the primary condition of social life, thought and itscommunication by language. Liberty in this is little less vital to man's mind and spirit than breathing is tohis physical existence. As such an inherence in the individual it is embodie
d in his status of citizenship.‖
 
Switzman v Elbing
[1957] SCR 285 at 306 per Rand J
 
 
226 June 2007By email: electoralfinancereform@justice.govt.nzMinistry of JusticeWELLINGTON
Electoral Finance Reform
We welcome the opportunity to make a submission i
n relation to the Ministry of Justice‘s Issues
Paper,
 Electoral Finance Reform
, dated 22 May 2009.While we believe that many aspects of the Ministry of 
Justice‘s Issue
s Paper provide a helpfulstarting point for the development of new electoral laws, we also respectfully consider thatcertain aspects of the discussion in the Issues Paper are ill-considered and contemplate measuresthat would be likely to undermine important rights and freedoms.For the reasons set out in this submission, we hope that the government will conclude that manyof the restrictions on political speech discussed by the Issues Paper are unjustified and that it willnot include such measures in its Proposal Document. We also hope that the government willtake this opportunity to reconsider the arbitrary restrictions on private political advocacy on radioand television.Notwithstanding our
criticism of a number of parts of the Ministry of Justice‘s Issue
s Paper, webelieve that the consultative process with respect to the review of N
ew Zealand‘s electoral
finance laws is commendable.This submission is made in our personal capacities only.Please contact us if you have any queries in relation to the above.Yours sincerely,Jesse Wilson / Jonathan Orpin / Stephen Whittington / Yogesh Patel
 jesse.wilson@bellgully.com  jonathan.orpin@stoutstreet.co.nz whittington.stephen@gmail.com yhpatel@gmail.com 
 
 
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TABLE OF CONTENTS1. Introduction 62. Guiding principles 7
Principle 1: Everyone has the right to freedom of expression, including the freedom toseek, receive, and impart information and opinions of any kind in any form 7 Principle 2: Elections should be free and fair 15Principle 3: Legal barriers to public participation in public debate and parliamentarydemocracy should be minimal 18Principle 4: The election laws should protect the reasonable privacy interests of citizens 18Principle 5: The use of public monies in connection with the electoral process should betransparent 19Principle 6: There is a public interest in the disclosure of donations to political partiesand candidates if those donations raise the possibility of quid pro quo by virtue of their size and nature 20Principle 7: Electoral laws should be applied impartially and expeditiously so as toensure that participants in the electoral process are held accountable according to law 21Principle 8: In accordance with the rule of law, it should be possible to ascertain with fair certainty the meaning, scope, and effect of the electoral laws 21Summary 23
3. Comments on the Ministr
y of Justice’s proposed guiding
principles 24
The
“equity” and “level playing field”
expressions are ill-considered 24
The concern that some political ideas will be “drowned out” in the absence of regulation
is unfounded 35
The concern that regulation is required to control the “manipulative” effects of expensive
 political advertising is misguided 37 Transparency 40
4. Disclosure of donations 41
 Anonymous donations should be permitted via the protected disclosure regime 41
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