Climate change: Supressing free discussion and democracy

Climate Voter group to take Electoral Commission to court

Radio NZ,
15 July, 2014








A group of environmental organisations is challenging a decision by the Electoral Commission that would require their Climate Voter initiative to be registered as a third-party election promoter.

The commission has advised the group its campaign and website, which call on voters to decide based on parties' climate-change policies, are election advertisements.

Under the Electoral Act, any body that spends more than $12,300 on election advertising needs to be registered with the commission.

Steve Abel from Greenpeace said the group disagreed with the commission's advice it was a third-party promoter, and was taking its case to the High Court.


From the right-wing corporate site, Stuff

Climate vote site 'electioneering'

A High Court stoush is brewing between environmental groups and the Electoral Commission, after a website advocating people "vote for the climate" was deemed to be an election advertisement

Stuff,
14 June, 2014


In a letter to the groups behind the Climate Voter Initiative, the commission said the campaign was considered an "election advertisement", and therefore subject to a number of legal requirements.


The Climate Voter website calls for people to pledge they will use their vote in the September 20, general election to support action on climate change. The website does not however, ask people to vote for any particular party.


The groups behind the campaign include Forest and Bird, 350 Aotearoa, Greenpeace, Generation Zero, Oxfam New Zealand, and WWF New Zealand.


Greenpeace spokesman Steve Abel said papers would be filed in the High Court today after the parties failed to reach an agreement in an exchange of letters.


Abel said the issue was about something bigger than just the climate voter website.


"This is about freedom of speech and could have huge implications for many organisations across the country," he said.


"There's a very real risk that, if this law goes untested, many advocacy and civil society groups in New Zealand could be gagged. Some may even be forced to take down entire websites.


"And it's not just advocacy groups that could be caught up in this far-reaching interpretation. Any organisation voicing an opinion could be caught up, down to the local kindergarten supporting policies for children on their website."


Abel said the law was "clearly not intended" to capture non-partisan civil society groups.


"This could have significant and insidious implications for freedom of speech in New Zealand unless it is immediately challenged in the High Court."


According to the Electoral Act, an advertisement "in any medium that may reasonably be regarded as encouraging or persuading voters to vote, or not to vote, for a type of party" could be seen to be an election advertisement, whether or not a party was named.


Electoral Policy manager Kristina Temel wrote: "Considering the overall content and context of the climate voter website, the Electoral Commission is of the view that the climate voter website is an election advertisement."


Among the requirements the group would have to fulfil is putting a promoter statement on its web page.


The commission also told Greenpeace it - or any of the other groups - would need to register with the commission as a promoter and file the cost of the website as an election expense.


A spokeswoman for the commission confirmed a letter had been received from the groups, outlining planned legal action in the High Court.


"The commission is yet to receive copies of the proceedings and is therefore not in a position to comment further," she said.