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Nervous Government departments have asked the advice of the Auditor-General on whether advertising campaigns planned for next year could see them run foul of the electoral finance legislation.
If passed, a new definition of what constitutes an election advertisement will be in force and ads from January 1 will have to comply with the rules.
The law will also prohibit Government departments from electioneering, prompting its opponents to ask whether ads promoting Government initiatives such as Kiwi Saver or Kiwibank might break the law.
Yesterday Auditor-General Kevin Brady told the finance and expenditure select committee there was nothing unusual in Government departments seeking advice on advertising.
But Deputy Controller and Auditor-General Phillippa Smith said the proposed new rules had created "heightened interest" in ad campaigns. Five departments had asked to come in to talk to the Auditor-General about campaigns and one meeting had already been held.
Mr Brady said the office did not and could not give legal advice, but could help departments to identify any ads that probably would breach the rules.
"I think a department would be on stronger grounds from a political perspective if they have come to us and sought our advice and our advice has been that we raised no concerns.
"I'd sooner ... get things fixed [beforehand] than wait until something goes wrong and have to to step in."
Mr Brady said his office had played no role in discussions about the Electoral Finance bill, and its job would continue to be to ensuring departments' expenditure was appropriate.
