13. Is there a ban on the use of state resources in favour or against a political party or candidate?

New Zealand

New Zealand

Answer
No
Source

Sections 6.9-6.12, Cabinet Manual (2023)
Cabinet and Ministers’ decision-making before and after an election
Pre-election period
6.9 In the period immediately before a general election, the government is not bound by the  caretaker convention unless the election has resulted from the government losing the  confidence of the House (see paragraphs 6.21 – 6.40 for information about the caretaker  convention). Successive governments, however, have chosen to restrict their actions to some extent during this time, in recognition of the fact that an election, and therefore  potentially a change of government, is imminent.

6.12 Particular care should be taken to ensure the appropriate use of officials for policy development purposes in the lead-up to a general election or a by-election. Policy work carried out by officials for a Minister should not be used to develop party political material or be labelled as party policy. A “government policy” should generally be confirmed through the Cabinet and Cabinet committee decision-making process and then announced by the Minister in their official capacity. Once government decisions have been announced, however, they can appear in party political material used in an election campaign, as long as they are identified as government decisions. (See also paragraphs 6.65 – 6.68 for information on provision of information by the public sector during transitions.)

Comment

There is no ban. However, in the period immediately before a general election, government have historically chosen to restrict their actions during this time. For example, significant appointments have been deferred, and some otherwise unexceptionable government advertising has been considered inappropriate, due to the heightened risk of a perception that public funds are being used to finance publicity for party political purposes. This includes the use of officials for policy development purposes in the lead-up to a general election or a by-election. Policy work carried out by officials for a Minister should not be used to develop party political material or be labelled as party policy. This applies from about three months before the general election. 

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