Court of Appeal Wellington
CA239/2015; [2016] NZCA 512
18 May; 20 October 2016
Miller, Cooper and Winkelmann JJ
CA239/2015; [2016] NZCA 512
18 May; 20 October 2016
Miller, Cooper and Winkelmann JJ
Elections and polls — Electoral Commission — Song written and recorded, and accompanying video made by two members of public to express their political views in lead up to general election — Electoral Commission advised illegal to broadcast because were election advertisements and election programmes — Whether song and video were election advertisements and election programmes — Effect of song and video upon voters — Whether right to free expression limited more than necessary — Whether expression of personal political view — Whether editorial content exercised — Whether song and video were comments — “Election advertisement” — “Election programme” — New Zealand Bill of Rights Act 1990.
Statutes — Interpretation — Whether song and video were election advertisements — Whether song and video were election programmes — Statutes to be read as a whole — Provisions affecting free speech to be read in “rights sensitive” way — New Zealand Bill of Rights Act 1990.
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