Election 2026 | Election advertising: Understanding the rules

Send us your feedback In this episode of Election 2026, Partner and Head of our IP team Christopher Young is joined by Daniel Fielding, Special Counsel, and Michael O'Brien, Solicitor, from our Public Law team to explore New Zealand's election advertising regime. They discuss the broad definition of election advertising, the intellectual property and advertising law issues that can arise during campaigns, and the key Electoral Act rules that political parties, candidates and third parties need to understand. \[00:10] Chris introduces the episode and its focus on election year advertising and the rules surrounding it. What is means, who can do it, and where people can get themselves into trouble. \[01:10] Daniel and Michael explain the surprisingly broad definition of election advertising and discuss why an advertisement can be captured by electoral law even when influencing voter behaviour was not its intended purpose. They also explore the policy reasons behind regulating political advertising, including its impact on democratic participation and public decision-making. \[05:21] Chris discusses the intellectual property issues that can arise during election campaigns, including trademarks, branding, copyright infringement and the use of music in campaign advertising. The conversation covers artist objections, moral rights, endorsement risks, and the lessons political parties can learn from previous disputes in New Zealand and overseas. \[14:28] They discuss the different complaint pathways available for election advertising, including the roles of the Advertising Standards Authority (ASA) and Broadcasting Standards Authority (BSA). Daniel and Michael explain how complaints are assessed, discuss recent examples involving political parties, and consider how AI-generated campaign content may create new challenges in future elections. \[20:57] Daniel outlines some of the most important Electoral Act requirements affecting election advertising, including promoter statements, third-party promoters, campaign spending thresholds and election hoardings. They also discuss how local council bylaws interact with election signage and the compliance issues that can arise during the campaign period. \[28:12] They examine the rules governing election broadcasts outside the formal election period, the offence of publishing false statements immediately before election day, and the restrictions that apply to political advertising once voting is underway. The episode finishes with a discussion on social media, election day campaigning, and why some of New Zealand's electoral rules continue to generate debate. *Information in this podcast is correct as at the date of recording, 10 August 2026.*   Please contact Christopher Young, Daniel Fielding, our Public law team, or our Intellectual property team, if you need legal advice and guidance on any of the topics discussed in this episode. Don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at [website.enquiries@minterellison.co.nz](mailto:website.enquiries@minterellison.co.nz) and sign up to receive election updates via your inbox here.  Additional resources We're proud to again support Policy.nz – a free, independent, non-partisan platform that helps voters compare parties and policies in one place. The site has the latest election information, making it easier to cut through the noise and understand where parties stand on the issues that matter most. For show notes and additional resources visit minterellison.co.nz/podcasts