By James Murray
Winston Peters has slammed Kiwiblog author David Farrar for publishing a story saying his candidacy is illegal.
In a statement released to media Mr Peters says the story by “National’s paid blogger” is factually incorrect and Mr Farrar has resorted to “spreading confusion and dirty tricks”.
Mr Farrar referred to the Incorporated Societies Act 1908:
Section 21(2) of the Act states:
Every alteration of the rules must be—
(a) in writing; and
(b) signed by at least 3 members of the society; and
(c) delivered to the Registrar accompanied by a certificate by an officer of the society or a solicitor certifying that the alteration has been made in accordance with the rules.
And Section 21(3) states:
The Registrar, if satisfied that the alteration has been duly made, and that the rules as so altered conform in all respects to this Act, shall register the alteration in like manner as in the case of the original rules, and the said alteration shall thereupon take effect according to the tenor thereof.
“In plain English this means that any rule change for an incorporated society does not take effect until the Register has approved them. This is well known to lawyers,” writes Mr Farrar.
“NZ First says they changed the rules of NZ First back in July to allow the Leader to be a list candidate, without being an electorate candidate. However they have not filed this rule change with the Registrar of Incorporated Societies and hence, the old rules still apply. They have filed them with the Electoral Commission *but only after I blogged pointing out they have not) (sic) but not with the Registrar as the website shows. There have been no rules (sic) changes registered since 2008.
This means the version of their constitution which is still legally in force states:
Rule 46(b):
A List candidate must first be selected as an Electorate candidate
At the beginning of the campaign Mr Peters decided to only run as a list candidate.
However, Mr Peters says NZ First is not an incorporated society – it is a registered political party.
“An incorporated society simply holds and protects the name “New Zealand First”, which has been the case since 1993,” writes Mr Peters.
“All Mr Farrar had to do was contact the party secretary and this would have been explained. He could also have checked with the Electoral Commission.
“Or he could have taken sound legal advice
“It is unfortunate that National’s paid bloggers have to resort to spreading confusion and dirty tricks instead of talking about the issues. They must be extremely getting desperate,” says Mr Peters.
Mr Peters also defended his position while talking to Matthew Hooton on RadioLIVE.
He describes Mr Farrar’s statement as “absolute unadulterated nonsense” and reiterated the incorporated society was only set up to protect the party name.
“These are just dirty tricks at the end of the campaign, at the eleventh hour, hoping to get some people put off us,” he says.
Mr Hooton, who conducted the RadioLIVE interview put to Mr Peters that Kyle Chapman’s Right Wing Resistance Group support NZ First.
Until recently Right Wing Resistance pledge support to NZ First on their website.
That pledge of support has now been removed and instead says; “In this country we must vote for the smaller parties.”
Mr Peters criticises Mr Hooton for making the comparison, saying: “Why would a bunch of South Island, white supremacists endorse a party led by a Maori?!”
A comment on the Kiwiblog article by lawyer Graeme Edgeler, who also blogs at Public Address pours cold water on Mr Farrar’s claim.
Irrelevant.
He is entitled to be nominated (citizen, not in prison, etc.). He is eligible to be an MP.
He was nominated.
We get to vote.
This is beyond the scope of an election petition after the election, and possibly within the composition privilege of Parliament anyway. A Court cannot enquire into this after the election. Even if they could, it would be the people lower than Winston on the list who could complain. And they won’t. And even if they did, the Payne litigation would suggest that there’s nothing the Courts could do.
And finally, even if you are right, this is good reason to vote for NZF, not a bad one. We could get a socially conservative, economically nationalist party into Parliament, but not have Winston there.
Be wary of s 199A, DPF.
3 News has contacted the Electoral Commission for confirmation of Mr Peters' assertion and is awaiting a reply.
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