Act ordered to alter billboards

Act's campaign advertising upset National. Picture / Brett Phibbs

The Act Party was today having to cover up part of its billboards after the Chief Electoral Office said it had breached the rules.

Don Brash laid a complaint after the Act billboards went up, as they used National's logo and urged voters to give National their electoral vote but their party vote to Act.

Chief Electoral Officer David Henry today said the advertising was illegal under electoral law.

Act, if convicted, could face a fine of up to $3000, he said.

However, he was not taking further action as Act had given an undertaking that it would arrange this morning to cover up that part of the advertising that referred to the National Party.

Mr Henry said he had decided not to refer the matter to police after Act gave the undertaking to cover up the references to National on its billboards.

"This decision is not to be taken as a precedent by the Act Party should there be future breaches of the Electoral Act," he said.

The advertising was placed at nine sites around the country.

Act is in a battle for survival as it has no safe electorate seat and is polling around 2 per cent support. It needs 5 per cent to have any MPs in Parliament under the party vote.

Dr Brash previously said: "Clearly if people want a National-led government it's important they give their party vote to National and that's really overwhelmingly the clear message we want to give to New Zealanders -- any other message is I think just mischievous.

"Quite frankly whether we get the electorate vote or not will make no difference at all ... the critical vote is the party vote."

Act leader Rodney Hide has said the billboards did National a favour because the bigger party would need a support partner.

He said Act received legal advice before putting up the billboards but had not had National's permission to go ahead.

"The legal advice said we were okay with the Electorate Act," Mr Hide said.

Mr Henry said that while parties needed to take their own legal advice, his office was always willing to discuss on a confidential basis interpretations of the electoral law.

Had the Act Party discussed its advertising with his office before erecting the billboards the situation may have been avoided, Mr Henry said.

- NZPA