Electoral Expression with Institutional Bounds: Reframing Judicial Treatment of Elections in New Zealand

Abstract

New Zealand authorities on electoral law appear infrequently. This is possibly due to the “subsidiary role” played by the judiciary in New Zealand compared to jurisdictions where “higher law” gives courts greater scope to review issues of campaign funding and electoral legislation.1 Despite this, the courts have historically played a role in shaping the nature of elections in New Zealand.2 This role has continued in a number of decisions in recent years. In particular, the judiciary has played an important role in the application and development of electoral broadcasting law and electoral expression in New Zealand.