Treating, the act of offering goods or services to influence voters, carries a high burden of proof, requiring evidence of “a corrupt intention” to warrant legal action.
Responding to questions by the Herald, the commission today said the community recommended Manurewa Marae be used as a voting place.
“Every voting place we use is carefully assessed and this was no different,” an Electoral Commission spokesperson said.
“We looked into it thoroughly before deciding to use the marae. We sought assurances that the candidate would not be involved in any way in the voting place.”
The spokesperson also elaborated on the allegations food was offered as a form of bribery saying the commission received some iquiries about voters being offered food during the advanced voting period and they “made sure the marae understood the rules around treating”.
Because the commission was working through some complaints, it was inappropriate to comment further, the spokesperson said.
When approached by the Herald for comment, Te Pāti Māori president John Tamihere dismissed any claims of bribery and deferred concerns about a polling booth being set up at Manurewa Marae to the authorities.
“The government runs the electoral polling stations not marae or Māori,” he told the Herald. The Electoral Commission is responsible for polling booths.
“What is your evidence that bribes occurred?”, Tamihere said. “Folk like you can go to your local library, community centre or church to vote but because we are Māori, a marae is out...
“Your allegations and innuendo are just that.”
The Herald has approached Kemp for comment.
The legal framework governing Aotearoa-NZ’s elections is designed to prevent any form of influence that could be construed as unduly affecting voter decision-making.
The commission would likely seek legal review or advice from legal experts or the Crown Law Office to decide if using a polling station at a candidate’s place of work could be seen as a breach of these principles, potentially affecting the outcome of an incredibly close race.