Graeme Edgeler: Law Expert on the review of the Whānau Ora ad campaign for the Māori electoral roll

A law expert says it's important for the Māori Development Minister to look at contracts - to figure out where Whānau Ora's money is coming from. 

Tama Potaka is seeking a review of a recent Whānau Ora ad campaign encouraging Māori to sign up to the Māori electoral roll. 

He says it would be inappropriate for public funding to be used for electioneering. 

Law expert Graeme Edgeler told Mike Hosking the law isn't complicated about this, so long as the money is coming from the right place. 

He says this is Whānau Ora's commissioning agency which is private, and can spend money how they like, as long as it is their money. 

LISTEN ABOVE 

See omnystudio.com/listener for privacy information.

Episode Transcript

Speaker 1 (00:00):
Now the government's more trouble around the race issues, as
you've just heard a moment ago, not only the rugby
this morning, but yesterday it was a business afuner or
of the MARII Roll. Graham Edgeler is a constitutional law
expert and is with us. Graham morning to you, Good morning.
We've got some good clear law around this or not really?

Speaker 2 (00:16):
Well, yes and no, the law isn't really complicated about this.
The question is what money actually is this? This is
the funnel or Commissioning Agency, which is private. It's not
part of the government and so can spend its own
money how it likes. The question is is it spending
its own money? And that's the question we don't have
the answer to.

Speaker 1 (00:36):
Will we get to the bottom of that. Do you
think can public money become private money or whatever?

Speaker 2 (00:42):
Maybe? Possibly, depending they've got a contract with various government
agencies to provide certain things, and they've got to use
their money for those things and not use it for
certain things. I don't know what those contracts say, but
hopefully that's what Time of Partaker is looking into. You
know what money is actually used to here? Because if
the answer is, well, this private organization is using its
own money, you know, to fund this. Well, if anyone's allowed.

Speaker 1 (01:05):
To do that, sure, exactly. But if it's public money
Roku tit argues that Maori issues are not raised or
come to the four in a major party. Therefore you
should be on the political role of the Maori party.
That's electioneering, isn't it. No trying to convince somebody, it's

(01:25):
trying to convince somebody in the electoral process. Is not electioneering.

Speaker 2 (01:32):
Or it is, but you're allowed to action there. You know,
people spend money, vote for me, vote for them, don't
vote for them all the time.

Speaker 1 (01:39):
So what you're arguing is because they're private, they can
do it if they if they were a public entity
with public money. Government departments can't electioneer.

Speaker 2 (01:48):
Correct, And so the question is whose money is this
and what agreements did they have? You know, we're using
this money to fund your vaccines or we're using this
money to fund an enrollment drive, you know, because the
Marii option thing closes with nearly three months until the
local elections and so at that point you can't switch
role anymore. And so when that happens, that the government,

(02:09):
the Electoral Commission's got something going on. Change your role
by ten July. I think it is three months before
the election.

Speaker 1 (02:16):
Okay, so we will find out within the contracts. The
detail will be in the contracts. Appreciate your expertise as always,
Graham Michelo, who's constitutional law expert.

Speaker 2 (02:23):
For more from the mic Asking Breakfast, listen live to
news talks. It'd be from six am weekdays, or follow
the podcast on iHeartRadio.