National complains to Electoral Commission over vote-splitting campaign as ACT and NZ First back similar ads

National has complained to the Electoral Commission about a campaign telling centre-right voters to split their votes. The Commission has confirmed it is investigating, 1News reported on 30 October. The campaign's website, splityourvote.co.nz, has been taken offline.

The campaign was run by businessman Harry Mowbray. It urged voters to give their electorate vote to National and their party vote to ACT or New Zealand First. According to 1News, the Commission is examining advertising linked to the campaign and whether it was properly authorised.

A National Party spokesperson called the campaign a "deliberate attempt" to confuse voters. The spokesperson said it "did not comply with the election rules everyone has to operate under. We referred it to the Electoral Commission, but we doubt we were the only ones."

The complaint is aimed at Mowbray. But the same argument has also appeared in newspaper advertising approved by National's two coalition partners. That leaves National at odds with ACT and NZ First over how centre-right voters should vote, with polling day on 7 November.

ACT and NZ First each approved a Reality Check Radio ad that ran in the NZ Herald. The Herald reports that the ads are written in the name of Don Brash, the former National and ACT leader. The ads argue that National will probably win more electorates than its party vote entitles it to, creating an overhang. "Once that happens, party votes for National will not produce any more National MPs," they say, according to the Herald. "Meanwhile, voters for Act or NZ First will produce extra right side MPs."

ACT leader David Seymour confirmed his party's approval to 1News. "We don't necessarily have a strong view on the ad, but they asked us permission and we said okay."

A NZ First spokesperson told 1News the broadcaster had asked permission because its ad was "encouraging a party vote for New Zealand First". The party "had no involvement in the creation of the advertisement but did give approval".

Prime Minister Christopher Luxon's tone changed over two days. On 30 October he told 1News: "It's up to citizens in a democracy to determine how they vote... Democracy is a special thing, it's a precious thing, it's a muscle that needs to be exercised."

By 31 October he was blunter. "There are people trying to confuse you by saying that voting for another party is somehow helpful for National... do not be fooled," he said, as reported by the Herald. "A vote for any party other than National risks making Labour the biggest party on November 7." The Herald asked whether he was frustrated that ACT and NZ First had approved the ads. "It's disappointing... But that's up to them ... we don't endorse that campaign," he said.

Seymour responded in the Herald. "When it comes to disappointment, all I would say is that the coalition needs to work together to keep Labour out... A party vote for Act will not let Labour come through the middle."

Winston Peters went further. The Herald, citing RNZ, reports that the NZ First leader said on 31 October that a party vote for National was "wasting your vote".

Labour leader Chris Hipkins told the Herald that the approvals showed "total dysfunction and disarray on the right of the political spectrum". He told 1News that centre-right voters who split their votes "would wake up with a whopping hangover in a government that they didn't vote for."

National's worry shows in the polling. 1News reported that its Verian poll found National losing support to almost every other party since the 2023 election, with the largest shift, 3.5%, going to ACT. If National wins electorates but loses party votes, 1News reports, list MPs such as Nicola Willis could find themselves out of Parliament. So could MPs in marginal seats such as Chris Bishop.

Under the rules summarised in an RNZ explainer, an individual can spend $17,000 on election advertising without registering with the Electoral Commission. Groups not standing for Parliament can register as third parties and spend up to $424,000. The fine for leaving the promoter statement off political advertising is $40,000. The regulated period for election advertising runs until midnight on 6 November.

Mowbray told RNZ's Midday Report, as reported by 1News, that he assumed National was behind the complaint. "I didn't realise having the website was going to get classified as a promotion, because it's in my name. You're allowed to say pretty much anything you like as an individual."