KEY POINTS:
Police have been investigating a Labour Party pamphlet which breached the Electoral Finance Act.
The pamphlet "We're Making a Difference for Everyone" was found by the Electoral Commission to breach the act because it was a not properly authorised election advertisement, but did not refer it to the police because it was the first breach.
However, police have carried out what is the first investigation under the Act, which took effect on January 1.
Inspector Bill Peoples of police headquarters in Wellington confirmed that the police had received a complaint about the pamphlet from a member of the public, but would not name the person.
The investigation has been going for about two months according to a police spokesman and is about to be concluded, possibly as soon as next week.
The police disclosed the investigation in an affidavit made yesterday as part of proceedings taken against the Electoral Commission by the National Party.
National, represented by Peter Kiely, was seeking an order from the High Court at Wellington that the commission must refer the pamphlet to the police and that under the act it has no discretion, but rather that the discretion lies with the police.
The Commission, represented by Crown Law counsel Peter Gunn, argues that the law gives the commission discretion to not refer matters to the police that it regards as so inconsequential that there is no public interest in doing so.
Electoral Commission chief executive Helena Catt disclosed that she was contacted by the police on April 24 about the pamphlet.
The case was heard in the High Court at Wellington today and Justice Alan McKenzie reserved his decision.
Some of the discussion centred around whether a referral by a member of the public - a so-called "busbybody" - carried less weight in the view of the police than a referral by the commission.
The commission's original finding against the leaflet was the result of a referral to it by the Herald. It was among several items that had been the subject of discussion in Parliament as to whether or not they were election ads under the new definition under the new act. The Herald did not refer the matter to the police.
