TV3 reports Ardern breaking the law

September 25th, 2011 at 11:47 am by David Farrar

TV3 report:

Auckland Councillor Cameron Brewer says it is very disappointing the Labour Party’s Auckland Central candidate has deliberately ignored official advice around election hoardings.

On Tuesday Auckland Council’s senior lawyer Wendy Brandon advised candidates that election signs are allowed up from 12.00am, Monday 26 September – two calendar months prior to the 26 November general election. Signs up around Auckland today breach the Electoral (Advertisements of a Specified Kind) Regulations 2005 bylaw.

“Like every other party, Labour was given very specific legal advice from the council but deliberately chose to breach the bylaw. It’s very disappointing and only reflects poorly on them.”

Just as I criticised the National candidate in Rangitikei, I do the same here. What is very disappointing is that the Auckland Council actually went out and proactively told all candidates that they are not allowed to stick up signs before Monday.  There is no chance this is a case of having made a mistake – it is a deliberate decision to ignore the law, in order to get the best spots.
Labour have a long long history of believing the law does not apply to them. They did it in 2005 with the pledge cards, they did it in 2008, they’ve been doing it during 2011 with their unauthorised pamphlets and now they are doing it with their billboards.
Cameron Brewer says people who are annoyed by signs up illegally today, or poorly placed given the Rugby World Cup, should report them to the council by phoning (09) 301-0101.
If a sign is illegally erected, can citizens remove it and hand it in to the Council I wonder? Anyway if you are in Auckland and see illegal signs up today (of any party), uphold the law and ring the Council. Plus feel free to take photos.
Whale has a photo of one of Jacinda’s illegal signs.
John Pagani said that right wing bloggers would be silent on the illegal signs put up by National’s Rangitikei candidate. He then acknowledged both Whale and I blogged on them. I wonder if John will remain silent on this flagrant breach by a Labour candidate.
In a second post by Whale, he also has photos of signs by Phil Goff, Trevor Mallard and David Cunliffe, all breaking the law by having them up early. Surely Pagani can’t overlook his own leader breaking the law.
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62 Responses to “TV3 reports Ardern breaking the law”

  1. Graeme Edgeler (3,267 comments) says:

    3 News Reports a breach of a council bylaw?

    That’s the standard for national news coverage now? Seriously?

    Yet more questions marks???

    [DPF: An ordinary citizen breaking a bylaw, no. Members of Parliament, including the Leader of the Opposition - yes. Lawmakers should not be lawbreakers]

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  2. m@tt (587 comments) says:

    Yawn fucking big yawn.
    How about some perspective.
    I don’t give even half a toss if National, Labour or any other party puts up a billboard a day or two early.
    Expensive pledge cards I do. Exclusive brethren running expensive smear campaigns I do. Lying about hundreds of thousands in donations I do.
    I care more about the fact that sleepy New Zealand are letting the most anti-democratic government we have ever seen sleepwalk to victory through the haze spread by the RWC and a PM that can lie through both sides of his mouth at the same time.

    [DPF: So you do care that Winston lied about his donations?]

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  3. RightNow (6,653 comments) says:

    which makes it even sweeter

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  4. Pete George (22,798 comments) says:

    I don’t give even half a toss if National, Labour or any other party puts up a billboard a day or two early.

    As far as electioneering goes I don’t care either. But as far as being seen to comply with laws and by-laws it matters a lot.

    How many people are going to think “Gee, they are so clever, they got their sign up first, I must vote for them”
    versus “another reason not to vote for them”?

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  5. Inventory2 (10,098 comments) says:

    Newsflash; Labour Party troll endorses Labour’s contempt for the law of the land. 2008 still hasn’t sunk in.

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  6. Rick Rowling (801 comments) says:

    Labour party hoardings are up on Petone Esplanade today too.

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  7. davidp (3,540 comments) says:

    Graeme E>3 News Reports a breach of a council bylaw?

    She probably isn’t aware of Auckland bylaws, given that she only decided to move to Auckland a few months ago. The sign might be perfectly legal in Morrinsville.

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  8. wreck1080 (3,730 comments) says:

    they’re all up around Tauranga too.

    Vote labour, No asset sales, that kind of stuff.

    I have no idea if it is legal or not–there are certainly no national signs around.

    Personally, it doesn’t bother me — but, some people get very detailed about such legalities.

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  9. George Patton (349 comments) says:

    @David P – you are making the assumption that Jacinda Ardern is solely responsible for the Auckland Central hoardings campaign. I would have thought she might have had a few volunteers who would live locally, have been involved in previous campaigns, and knew the law.

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  10. Inventory2 (10,098 comments) says:

    @ davidp

    On Tuesday Auckland Council’s senior lawyer Wendy Brandon advised candidates that election signs are allowed up from 12.00am, Monday 26 September – two calendar months prior to the 26 November general election. Signs up around Auckland today breach the Electoral (Advertisements of a Specified Kind) Regulations 2005 bylaw.

    “Like every other party, Labour was given very specific legal advice from the council but deliberately chose to breach the bylaw. It’s very disappointing and only reflects poorly on them.”

    Seems just like the 2005 pledge card all over again; official advice was given and ignored.

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  11. chris (560 comments) says:

    It’s not just Labour doing it. There’s an Alan Peachy / National hoarding at the bottom of my street.

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  12. alex Masterley (1,490 comments) says:

    Add David shearer to the mix as well.
    His signs were going up at 10:30am.
    Complaint to the ACC made 11:00am.

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  13. George Patton (349 comments) says:

    Ah, and my significant other has told me that David Parker (Labour) has his signs up in parts of Remuera/Epsom electorate too.

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  14. Graeme Edgeler (3,267 comments) says:

    The interesting question is whether, if fines are imposed, whether they count as election expenses. I don’t know that it’s ever come up, but having read the Electoral Act, I wouldn’t be advising candidates that they shouldn’t include them. Fines of this nature very much seem like “costs incurred in the … publication of the advertisement.”

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  15. ben (2,396 comments) says:

    Jacinda can hang her signs on my fence any time, as long as she does it in person and doesn’t talk policy.

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  16. Michael (896 comments) says:

    It shows an ignorance of the electoral act or an outright contempt of territorial authorities – because councils wouldn’t do anything about it until Monday (when they become legal) they’ve nabbed the best spots on the public signage spots.

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  17. davidp (3,540 comments) says:

    George Patton>you are making the assumption that Jacinda Ardern is solely responsible for the Auckland Central hoardings campaign. I would have thought she might have had a few volunteers who would live locally, have been involved in previous campaigns, and knew the law.

    Are you saying that she is using Judith Tizard’s campaign team, but doesn’t have any control over them? That sounds like two fatal mistakes and the campaign hasn’t even started.

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  18. backster (2,076 comments) says:

    M@tt…..”I care more about the fact that sleepy New Zealand are letting the most anti-democratic government we have ever seen sleepwalk to victory”
    ………………………You been in a coma M@tt we threw them out at the last election.

    Well at least that Labour girl is wearing her Kolynos smile.

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  19. Other_Andy (2,286 comments) says:

    Kolynos smile?
    http://tinyurl.com/4crg7cm

    [DPF: 20 demerits]

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  20. peterwn (3,156 comments) says:

    Do it yourself sign removal is in tricky territory and is probably not recommended as it could be the thin edge of the wedge for all out signs warfare.

    There is probably an exception. Sometimes photocopied A3 or A4 posters appear on lamp posts etc hich make a defamatory comment about a candidate. They carry no genuine ‘authorisation’. Supporters may be justified in removing these. In 2008, those who put them up squarked when they got removed saying that the candidate should complain to the police, knowing full well that the police are unlikely to investigate. The counter argument is that the ones who put them up could also complain to the police ….

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  21. Viking2 (11,127 comments) says:

    In Fact,

    National had Signs up in Greerton Tauranga yesterday morning. Towards a brighter future with a picture of the PM. Clearly defined National signs.
    On the corner of Yatton Park.

    So National are just as big a plonkers when it comes to the LAW as Labour.

    Just thought you would like to know.

    [DPF: Ta. Depends on the local Council bylaws, as to whether this is a breach or not]

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  22. plebe (271 comments) says:

    Was up in Napier last weekend,signs with a dodgy smarly picture of Key on many street corners(towards a brighter future) yer right, whale think,goose,gander we are talking about,politics here,lower life forms than lawers and car dealers.

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  23. Viking2 (11,127 comments) says:

    Ahh the fucking edit goes off when you mention the National cheats.

    re signs in Tga.

    This is the electorate of an ex police prosecutor, highly intelligent Oxford Scollar,

    Excuse I guess is that the wifes having a baby and I forgot to tell Don the Kiwi and Lofty not to put my signs up too soon.

    Cheats and all.

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  24. reid (15,939 comments) says:

    Ahh the fucking edit goes off when you mention the National cheats.

    Depends how widespread it is, for me.

    Liarbore of course have deliberately done it widespread throughout the whole fucking country, the wankers.

    If National haven’t also done that which AFAIK they haven’t then it’s in a different category, to me.

    If I was the Nats sometime this term I would have re-installed David Henry as the Electoral Commissioner just so he could get Liarbore again, over this, since I imagine he probably feels the debt between he and they isn’t fully extinguished quite yet and it just needs one more little push to get it over the line. That would be funny, but apparently no-one thought to do that, despite it being drop-dead obvious that Liarbore won’t learn, they never do. Arrogant fucks.

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  25. Weihana (4,496 comments) says:

    # m@tt (336) Says:
    September 25th, 2011 at 12:02 pm

    Yawn fucking big yawn.
    How about some perspective.
    I don’t give even half a toss if National, Labour or any other party puts up a billboard a day or two early.
    Expensive pledge cards I do. Exclusive brethren running expensive smear campaigns I do. Lying about hundreds of thousands in donations I do.
    I care more about the fact that sleepy New Zealand are letting the most anti-democratic government we have ever seen sleepwalk to victory through the haze spread by the RWC and a PM that can lie through both sides of his mouth at the same time.

    ———————————–

    I agree it’s a big yawn, but for you to complain about the Exclusive Brethren is hypocritical. If you think Exclusive Brethren should be regulated then you accept a principle that electioneering should be regulated by the government and that people should obey the rules about when and where they can exercise free speech and how much free speech they can exercise. You shouldn’t just pick and choose which rules you want to obey if you expect others to obey the rules you care about.

    Me on the other hand I think all this regulation of free speech is exceedingly immoral and an unjust intrusion on an individuals right to advocate for political change and for other individuals to consider such advocacy free from government interference.

    Everyone should be free to campaign whenever they like and spend as much of THEIR OWN money as they like to advocate for change. No one should receive taxpayer funds to help their campaign and people should only be regulated to the extent that free speech is regulated in general (e.g. against defamation etc).

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  26. Inventory2 (10,098 comments) says:

    @ Viking2 – some councils’ by-laws allow signs to be up for more than two months. The guy that Pagani, DPF and WO pinged on Friday (a Nat) was breaking the Manawatu DC’s by-law. Over the bridge in Bulls, Josie Pagani’s signs are up because the Rangitikei DC permits them. It’s not cut and dried, nor is it a party issue as DPF and WO showed on Friday when they lambasted a National candidate.

    But in Auckland, candidates received specific advice this week that no signs were to be erected before midnight tonight, but they’ve gone ahead and stuck them up anyway. So much for our law-makers respecting the law.

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  27. Mike Johnson (44 comments) says:

    I thought it was very curious that you criticised the National Rangitikei candidate re signs.

    Now I know why.

    So you can unload all barrels at a similar Labour breach, and even incite people to tear the signs down.

    Well done. But all too obvious.
    :-)

    [DPF: I had no idea that Goff, Ardern, Mallard and Cunliffe would all also break the law when I criticised the National Rangitikei candidate]

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  28. Lazybum (259 comments) says:

    The one in Greenhithe (corner Greenhithe & Tauhinu Rds, Helensville electorate) is now horizontal I see.
    Obviously some one wanted Labour to stay out of trouble by not breaking the local by laws:).

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  29. Linda Reid (396 comments) says:

    Weihana – I agree with you.

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  30. Inventory2 (10,098 comments) says:

    @ Mike Johnson; nice theory, but DPF and WO blogged about it on Friday, and Ardern’s team only erected the offending billboards yesterday.

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  31. Archer (170 comments) says:

    On Saturday one for Nanaia Mahuta went up on SH1 in Waikato district (about 10metres south of the Auckland border).

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  32. davidp (3,540 comments) says:

    Inv2>Ardern’s team only erected the offending billboards yesterday

    If you spotted them in the act then are you allowed to exercise a citizen’s arrest? If so, how long are you allowed to detain them?

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  33. Mike Johnson (44 comments) says:

    nice theory, but DPF and WO blogged about it on Friday, and Ardern’s team only erected the offending billboards yesterday.

    Er, um, actually, TV3 only reported Ardern’s billboard yesterday.

    Doubtless following a tip-off from Cameron, in collusion with David.

    This is so obviously one of the Dynamic Duo’s Blogmobile astroturfing efforts which have become a feature of election campaigns.

    Where’s the Winnebago parked, anyone?

    [DPF: Sigh you are so paranoid you could be a Labour MP. I have no idea how TV3 got the story. The first I knew of this was when I read Whale's blog]

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  34. Michaels (1,317 comments) says:

    Young Labour tart Paula Gillon has signs up in Northcote.
    Labour has signs up in Albany…. No asset sales.

    But hey, it’s Labour, they’re above the law and the law won’t convict them.

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  35. Mike Johnson (44 comments) says:

    This is so obviously one of the Dynamic Duo’s Blogmobile astroturfing efforts which have become a feature of election campaigns.

    To reinforce my belief with evidential proof, nothing is better than the document Cameron has posted on his blog. It is pre-Friday and has Jacinda asking people to help put up billboards on Friday…

    http://whaleoil.gotcha.co.nz/index.php/2011/09/random-impertinent-question-4/

    Ipso facto, David and Cameron knew of this before Friday. On Friday they “criticised” the Nat Rangitikei candidate for a pre-legal billboard, then tipped off TV3 (and doubtless many other news outlets) that Ardern had illegally put up billboards, while pretending to be holier than her.

    The fact even David is not denying this while being all over this thread (even giving some arse demerits for linking to a donkey photo) is all the evidence you need.

    Don’t get me wrong, I think the Dynamic Duo are doing a good job and I love how the media fall for them every time. I’m just saying I am not fooled by them for a moment.

    I also suspect they are both extremely jealous of how fucking hot Jacinda is and so unattainable :-)

    [DPF: Please stop telling lies. I have no idea when Cameron got that document but I had never seen it before he blogged it today. You are inventing conspiracies.]

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  36. stuarts-burgers (100 comments) says:

    Silent T knows that laws like this do not apply to him. You should have seen what he was wearing on Election Day for the Botany By Election. and just to clarify I am NOT Tom Scott

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  37. Pete George (22,798 comments) says:

    I’m not sure what point you’re trying to make Mike. If parties comply with laws and by-laws then none of this will happen.

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  38. fredinthegrass (271 comments) says:

    In the essence of balance DPF, Labour had signage up in the Rangitikei ahead of National.

    [DPF: I think the RDC allow it up at three months and the MDC at two months. Which DC area was it in?]

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  39. Manolo (13,355 comments) says:

    Another despicable socialist caught red-handed. What’s new?

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  40. Mike Johnson (44 comments) says:

    I’m not sure what point you’re trying to make Mike

    The point I am making, and it is quite obvious, as the evidence I linked to proves it, is that David and Cameron cooked up the TV3 story about Ardern’s billboard, having had her published notice since at least Thursday, both of them then on Friday pretended to criticise the Nats’ Rangitikei candidate for an early billboard, enabling them to be white as snow for tipping off the media over Ardern’s early billboard.

    This is what David does for a living, and in tandem with Cameron.

    There is nothing wrong with it… all party aparatchiks do this. I’m impressed by how they get away with it. But I’m not fooled by it and nor are you :-)

    [DPF: You are now calling me a liar. Good bye for a while. Demerits will wear off after a while]

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  41. Mike Johnson (44 comments) says:

    you are so paranoid you could be a Labour MP

    Well no, never.

    Bill Birch, who I knew well for 20 years, once asked me to be a National candidate.

    I’d be comfortable with that.

    But if I were I’d never dissemble the way party toadies of all shades, including you, do.

    I enjoy exposing astroturfing.

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  42. Hagues (711 comments) says:

    Mike Johnson “The point I am making, and it is quite obvious, as the evidence I linked to proves it, is that David and Cameron cooked up the TV3 story about Ardern’s billboard”

    Yes another poor Labour MP forced to break the law as the result of other people, certainly not her own fault for ignoring legal advise and orgainising the billboards to go up before the law allowed. Its all Whale and DPF’s fault those basterds.

    And your evidence does not at all prove when Whale knew about it.

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  43. Inventory2 (10,098 comments) says:

    @ FITG – the case Pagani referred to involves, among others, the Manawatu and Rangitikei District Councils. South of the Bulls bridge in the MDC area, where the two-month rule applies. On our side of the Bulls bridge, it’s the RDC, with a three-month rule, which is why the main stree of Bulls is festooned with Josie Pagani/Labour signs.

    Auckland is actually much simpler. Under the supercity, there should only be one applicable by-law.

    And Mike Johnston is making shit up.

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  44. lofty (1,303 comments) says:

    Viking2 (5,224) Says:
    September 25th, 2011 at 2:26 pm

    “Excuse I guess is that the wifes having a baby and I forgot to tell Don the Kiwi and Lofty not to put my signs up too soon.

    Cheats and all”.

    I say to Viking2..get fucked ya plonker.

    I wouldn’t know Bridges, Don the Kiwi or you for that matter if I fell over you.
    But if you want that to change you prick, ask David for my email address and then I will give you my home one, and you can come and call me a cheat to my face.

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  45. Whaleoil (766 comments) says:

    @mike Johnson I got the email this morning so put your tinfoil hat back on and come up with a better conspiracy.

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  46. Inventory2 (10,098 comments) says:

    Yeah Mike; WO got the e-mail; from me, here in Wanganui and far from any Winnebago or Blogmobile. I got the link from Facebook; from a Facebook friend who linked to the 3News Page. So much for your “evidence”!

    Leave Conspiracy 101 to Winston Peters and Andrew Williams :-)

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  47. orewa1 (428 comments) says:

    Thank God – at last an issue to take the Euro crisis, social unrest, world poverty and other such boring distractions off the front pages.

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  48. Kimble (4,379 comments) says:

    piss off orewanker1, world poverty is never on the front pages.

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  49. Graeme Edgeler (3,267 comments) says:

    [DPF: An ordinary citizen breaking a bylaw, no. Members of Parliament, including the Leader of the Opposition - yes. Lawmakers should not be lawbreakers]

    I look forward to the national story about Bronagh Key’s parking ticket.

    [DPF: Minor parking violations of politicians have resulted in many stories. I recall one about Bill English and the car parked outside while he had a hair cut

    Also worth pointing out that this issue is about something politicians are doing as politicians, not as private citizens.]

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  50. davidp (3,540 comments) says:

    Graeme E>I look forward to the national story about Bronagh Key’s parking ticket.

    Bronagh Key is a Member of Parliament now? That’ll teach me to not watch the news.

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  51. Mark (497 comments) says:

    Same as davidp, I didn’t know Bronagh Key is a Member of Parliament now as well. Do tell.

    Was that passed in the Labour law change that legally allowed them to steal over $800,000 of taxpayers money?

    If that’s the worst you have on National stop jerking off with you and the five people who still believe John Key is Satan reincarnated.

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  52. fredinthegrass (271 comments) says:

    Both signs were in the Rangitikei, DPF.
    Most amused with a ‘Blue” one where there used to be a Green and Gold one!!

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  53. Nicholas O'Kane (168 comments) says:

    Chris Hipkins has also put his signs in Rimutaka up early too (before any other candidates, not sure what the Upper Hutt City Council rules are but certainly look suspicious)

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  54. East Wellington Superhero (1,151 comments) says:

    I was in Tauranga today. I left the house I was staying at, at 9:00-ish to get a coffee from the local supermarket cafe (which was crap by the way but I kinda knew it would be so shame on me I guess). I saw four Labour supporters (wearing Vote Labour t-shirts) at the Otumoetai/Ngatai Rds round-a-bout erecting their billboard next to Key/Bridges National billboards. About 25min later on the way back the National signs had been graffitied. I only assume it was them because I didn’t see them do it.

    Now to be fair, I couldn’t tell from behind, but one of the Labour persons was the same height, width, and skin colour as that chap Sonny who got busted a few weeks back. Now if someone can show that Sonny wasn’t in Tauranga then I’ll withdraw my comment, but it’s bloody suspicious.

    But yeah, sure, someone else could have graffited the billboard in the 25min I was getting my shitty coffee – and you’d be bloody stupid to do it while wearing a Labour shirt. Or maybe their just emboldened by their leaders who don’t care about rules either.

    The Labour/Deborah Mahuta-Coyle billboard sign on Chapel St was erected directly behind a NZTA “No Left Turn” sign. Heh. Idiots.

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  55. Tauhei Notts (1,607 comments) says:

    Sue Moroney has had a huge number of signs up in Hamilton West for some time now.

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  56. dog_eat_dog (743 comments) says:

    Peachy, National, Labour and the Tamaki Labour candidate all had signs up yesterday in Meadowbank/St Johns/Mt Wellington.

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  57. berend (1,633 comments) says:

    Labour signs were up on Otahuhu as well.

    The law? Doesn’t apply to Labour.

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  58. berend (1,633 comments) says:

    Can we actually lay a complaint and are there real penalties?

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  59. cabbage (454 comments) says:

    Faafoi signs up in Pukerua Bay on SH1 for the last few weeks too. But i don’t see any others in the PCC area? Can anyone confirm the PCC bylaws? He also had one up in Raumati too which has since been covered by a Tarp. I suspect the KCDC gave him a kick in the goolies.

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  60. PrincesStLabour (3 comments) says:

    DPF,

    I hope you edit the post to: Labour and National Candidates “break the law”. Paula Bennet, Alan Peachy inter alia all have theirs up. Bit of balance yeah?

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  61. berend (1,633 comments) says:

    I called the Auckland City council, 09 301 0101, and laid a complaint. I urge others to do the same.

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  62. mikenmild (10,677 comments) says:

    I saw a few Johnj Key signs up in the Wairarapa this morning, too.

    But, seriously, yawn yawn. ‘Can we complain? Someone must face justice’. You’d serve your community better by going out and picking up some litter instead of laying a complaint about election hoardings.

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