Comments on "Elephants and the Law" by Dean Knight: Wellington City Council, IntensCITY and electoral ...

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2008-05-11T01:16:00.000+12:00

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GE:

Point taken. It's not a strong argumen...

2007-10-01T09:28:00.000+13:00

GE:

Point taken. It's not a strong argument. And really has as it's cornerstone an argument that, because of the electioneering element, the remarks cannot and should not be treated as being given by the Mayor in her mayoral capacity; if you accept that and strip out the public office element, you're left with a pitch for election by an electoral candidate, which then might trigger the electoral activity and expenses definitions. It's stretching the text a bit, but the purpose and principles of the Act might assist.

Alternatively, if the expenditure is unlawful (because it supports or appears to support the election of particular candidates) it might also trigger the surcharge provisions in s44(1)(a) of the LG Act 2002, that is, elected members who knew about it or voted for it, might be liable for the costs of the expenditure.

And I've modified the original post slightly accordingly and added some more detail about "irregularities".

"Improper activity like this has the theoretical p...

2007-09-30T17:12:00.000+13:00

"Improper activity like this has the theoretical potential to amount to an election irregularity that could invalidate the election. There's also an argument that the use of those words mean the remarks should not be treated as being given in her role as Mayor, should be treated as being remarks given as a candidate for Mayor, and therefore the (apportioned) value of the costs associated with the remarks in the booklet should be reported by the Mayor as her election expenses under s 109 of the Local Electoral Act 2002."

A pretty poor argument for that.

1. The definition of electoral activity in s 104 requires that electoral activities "relate[] exclusively to the campaign for the election of the candidate".

2. The apportionment provisions (s 112) relate solely to the apportionment of expenses that occur partly outside the 90-day period, or the apportionment of expenses that relate exclusively to the campaigns of two or more candidates.

Comments on "Elephants and the Law" by Dean Knight: Wellington City Council, IntensCITY and electoral ...

You need us if you have any of these tax problems:...

GE:Point taken. It's not a strong argumen...

"Improper activity like this has the theoretical p...

GE:

Point taken. It's not a strong argumen...