The Alliance Party has won a Court of Appeal ruling that could have implications for future election broadcasts.The party took its case to the High Court after the Electoral Commission failed to allow it time to broadcast a closing address during the 2008
The Alliance Party has won a Court of Appeal ruling that could have implications for future election broadcasts.
The party took its case to the High Court after the Electoral Commission failed to allow it time to broadcast a closing address during the 2008 election.
The commission argued all parties were given the opportunity to make an opening address, but only parties represented in Parliament were allocated time for their closing because of the tight time slot.
The High Court upheld the commission's decision, but in a judgment released today the Court of Appeal reversed the ruling.
Legally the commission had to allow all eligible parties the chance to make a closing address regardless of how little time was allocated to do it, Justices William Young, Grant Hammond and Robert Chambers ruled.
"The commission's response to this predicament, which was to effectively 'squeeze' the small parties by excluding them was erroneous.
"In other words the fact that TVNZ had failed to supply sufficient time could not in and of itself justify the course the commission took," the ruling said.
The court did not make a ruling for costs.
