1.0.pdf

From:
Support
To:
L & P Enquiries
Subject:
[Enquiry Subject] Complaint: Manurewa Marae
Date:
Wednesday, 4 October 2023 7:45:05 am
Attachments:
IMG-20231003-WA0013.jpg
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Hi Legal Team,
Here is an enquiry from

It was CC'd to: Angel VargasHolly Cotter
From:
Date: Tue, Oct 3, 2023 at 5:02 pm
Kia ora Angel,
Please see attached. The Manurewa marae voting booth is offering the first 300 voters a free
hangi - each day.
Can you please address this issue urgently and ensure that there is no treating taking place at
this booth.
I would appreciate being kept updated on what action has been taken.
Note, this is our second complaint regarding this booth.
Kind regards,

From:
Jenny Marshall
To:
Natalie
Police Compliance; Kristina Temel; Dean
Subject:
Formal Complaint
Date:
Wednesday, 11 October 2023 4:02:35 pm
Attachments:
Colour logo-01-6 copy-2 copy.jpg
PastedGraphic-2.tiff
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Dear Electoral Commission
We would like to raise a formal complaint against the Electoral Commission for the
undemocratic manner in which you are conducting this general election.
We would also like to raise charges through the Police against Te Pāti Māori.
Our objection is to the fact when voters are raising genuine concerns with the Electoral
Commission about political parties treating and campaigning in proximity to polling
booths, the Electoral Commission is not taking sufficient steps to prosecute the party
concerned.
Freedoms NZ is aware of multiple complaints from members of the public raised with the
Electoral Commission against Te Pāti Māor since advance voting opened.  Is the EC
scared of Māori or something as to why no action is being taken?  This is undemocratic,
especially when many others campaigning are also Māori.
Treating:
Multiple complaints have been raised about Te Pāti Māori treating voters at the polling
booth located at the Manurewa Marae, where they clearly state that once voters have voted
for ’Te Pāti Māori’ they can walk a few metres to receive a free hangi, free ice cream, free
donuts, free potae, and enjoy free Karaoke and a DJ. See this promotional post here:
https://www.tiktok.com/@kalinapapalii436/video/7286255335092899090?
_r=1&_t=8gIxTM4yQgK
Polling Booth - Manukau Mall
Today, the Te Pāti Māori candidate for Tāmaki Makaurau has posted a live Facebook
video showing Te Pāti Māori singing waiata next to the polling booth located in the food
court at Manukau’s Westfield Mall.  See here:
https://www.facebook.com/takutaikemp/videos/251564444115170/?mibextid=zDhOQc
We have had reports from voters saying they felt incredibly intimidated and pressured
when trying to cast their vote.  They also felt like they were being ‘watched over from
above’ as they tried to cast an anonymous vote. This surely can not be legal, and why have
the EC and Police not already shut this down?
Encouraging Māori voters to vote with Kaupapa Māori polling booths and the like, can not
be in favour of any one Māori-aligned party, nor can it be at the expense of true
democracy.
Census Data Violation:
Previous employees of Manurewa Marae have reported illegal actions by Manurewa

From:
To:
Kristina Temel
Cc:
Natalie
Dean

Subject:
Complaint: Manurewa marae
Date:
Wednesday, 1 November 2023 10:42:48 am
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of the Commission. Please take extra care when clicking links or opening attachments.
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Kia ora Kristina,

I write to complain about activity that took place near the polling place at the
Manurewa Marae during the advance vote period. Specifically, I am concerned
that the actions of some marae staff were inappropriately partisan while hosting
and promoting a non-partisan polling place, while other actions by those staff
amount to treating, which is a corrupt practice under the Electoral Act. The
possibility of treating is especially serious.

I understand the marae's staff are employed by Tarsh Kemp, who is both the CEO
of the Manurewa marae and the Te Pāti Māori candidate for Tamaki Makaurau.
Ms Kemp’s two positions create a very difficult conflict of interest between her role
hosting a non-partisan booth location on the one hand, and her role seeking votes
in the election on the other. I don’t think that conflict was appropriately managed.
I have seen evidence of inappropriate behaviour in several Facebook Live videos
that were broadcast by the Manurewa Marae during the advance voting period.
Those videos remain publicly available on the marae’s Facebook page, but if the
links become inactive for some reason I have retained copies that I can send to
the Commission.

I submit that the information outlined below shows:
a clear and unsolvable conflict of interest by the Manurewa Marae hosting a
polling place, at the same time as its CEO and staff electioneer for a
particular candidate and party while promoting that polling place;
a case of an advertisement being published without a promotor statement
(contrary to s204F of the Electoral Act);
cases of treating (contrary to s217 of the Electoral Act).

Evidence of inappropriate behaviour is contained in the following videos, among
others:

Facebook live 2 October, 10:35am
Within the first 1:30 of this video, the marae:
Shares non-incidental footage of Tarsh Kemp’s campaign vehicle, branded
in Te Pāti Māori livery;
Says the marae is holding an event that day that involves free hangi, free ice
cream, free donuts, and free coffee among other things; and

Also invites people to vote at the marae’s polling booth that day.
This promotional video is problematic because (1) it displays an election
advertisement for Tarsh Kent and Te Pāti Māori without ever displaying an
authorisation statement, (2) it includes partisan material while purportedly
promoting a non-partisan polling booth the marae is hosting, and (3) it gives
viewers the impression that if they vote in the election at the marae they’ll be
rewarded with free food and drink, which is treating.
More generally, we note that the marae appears to have held a series of
community events featuring free goods and services that are specifically timed to
coincide with the days when the polling place was open. Scanning the marae’s
Facebook page indicates no such pattern of events either before or after the
voting period. This is further contextual evidence that the events and their
associated free actives are designed to induce people to vote.

Facebook live 2 October, 12:04pm
This video further advertises the free items people can receive when they come
and vote, which is treating.
In addition, at around 6:25 the host interviews the Te Pāti Māori candidate during
a purportedly non-partisan video promoting voting in the election. Tarsh Kent must
have known she had a deep conflict of interest between her role as the CEO of an
organisation hosting a non-partisan polling booth, and her role as a candidate in
that same election. Yet she allowed herself to be interviewed anyway. That’s
deeply inappropriate.

Facebook live October 3, 11:11am
At around 2:15, the host encourages people to vote for Te Pāti Māori while
promoting a polling booth location. The conversation is:

Person 1: “Patai. Someone asked 'We should vote for who?'"
Person 2: “Whanau, it’s all up to you. It’s not our job to tell you who to vote
for. But… there’s only one party that will look after us Māori people. Anyway,
it’s not about who you vote for, whanau. It’s just about having your say, and
voting. Just don’t vote for National or ACT."

Then, at around 2:55 in this video, a marae staff member describes exactly how
getting free stuff at the marae is conditional on people having voted in the election.
The conversation is:

Person 2: “Wow - look at this, whanau. Free activations, sir. What does that
mean?”
Person 3: “With a free activation we have a voting station down at the pond. I
believe you’ve already shown that. After that they’ll be given a ticket to
collect their hangi right here. And there’s activation going on down here.
You’ve got the donut waka. You’ve got the hot chocolate, hot coffee.
Person 2: “What else is here?”
Person 3: "You’ve got Lucy’s ice cream. We’ve even got karaoke and
performances, kapa haka apparently. And smoothies. Smoothies! Hidden

treasures!"

Under the ticketing system set up by the marae, people only receive the free
things on offer at the marae if they provide a ticket that proves they voted in the
election. This last video is, in my view, very clear evidence of treating on the part
of the marae.

I submit that the actions of marae staff satisfy the requirements of s217(a) of the
Electoral Act by those staff corruptly, during an election, providing food and drink
for the purpose of corruptly influencing people to vote.

There are two instances of the word ‘corruptly’ in the offence. The first is in 217(2)
related to the actions of the staff, and the second in subsection 217(2)(a) relating
to the influence on the voter.

While ‘corruptly’ isn’t defined within the Electoral Act, I believe using the general
definitions of the word, the staff are acting corruptly by dishonestly by using their
position to gain an advantage, and that it is clear from the ‘ticketing system’ that
electors are being corruptly influenced to vote by the marae staff by being bribed
with food and drink – which is advertised that they can only receive if they can
prove they have voted.
I further believe that the exception in s217(5) cannot apply in this case.

Worse, this video and others also make it clear that the marae staff believe people
should vote for Te Pāti Māori (in their view, the "one party that will look after us
Māori people”) and not for alternative parties (specifically National and Act), and
implies people will be even more welcome to vote at the marae if they agree with
that belief.

I also submit that s217(2)(b) has also been breached. I believe the elements of
this are satisfied by:

·   the treating mechanism as outlined above;
·   the food, drink and entertainment being
funded by the marae, of which Ms Kemp is the CEO (and therefore has
financial authority of);
·   that the Ms Kemp and marae staff promoted
Te Pāti Māori and Ms Kemp as its Tāmaki Makaurau candidate (even if not
explicitly, via clear inference); and
·   that these actions were taken for the purpose
of procuring Ms Kemp’s election.

In a later Facebook post, marae staff celebrate the "thousands who showed up to our
12 Activations”, which indicates there was actual treating that took place.

Given this pattern of behaviour, it is likely that there are likely other instances of
inappropriate and/or unlawful behaviour in the remaining Facebook live videos the
marae posted during the advance vote period.

2. Some of the marae’s Facebook content, however, has not been deleted as yet. I’d like to bring
the Commission’s attention to further evidence suggesting the purpose of Manurewa marae’s
activity was to treat voters:

In a Facebook Live video on 13 October, the marae said:

It was up to “Activation 11” in a programme of 12 activations (the last one to take place
on 14 October, which included a free concert and 1,000 free hangi among other things at
the marae)
In our view, the fact that this programme was titled as “activations” indicates
clearly the purpose of the programme, namely to “activate” people who might not
otherwise be active into voting, using the lure of free things to encourage them.
Indeed, in this video the free offerings are collectively referred to as the
“activations” which even more clearly indicates their purpose. This is important
because the marae’s intent is an important element of the treating offence.
The number and timing of the activations also closely coincide with the period
where voting was open with the election, which is a further indication of the
programme’s intent.
The advertising of “activation 12” on election day, which involves 1,000 free hangi
and a free concert at a polling booth location, alongside an encouragement to vote
at that polling booth, is also treating.

In a Facebook post on 2 October, the marae says:

Come on down to the Marae apōpō (tomorrow) for our RANGATAHI
ACTIVATION. A packed full day of Magic and greatness.
We have HIP HOP CLASSES, KARAOKE and much more. Our VOTING station is
also open for our whānau over 18 who need to VOTE.
Happening tomorrow Tuesday 3 October from 10AM till 4PM at our Marae.
!!!!!! HANGI, COFFEE, ICE CREAM, HOT DONUTS AND HAIRCUTS.
Share with your whānau and come on down!!!
#ManurewaMarae #Rangatahi #Voting

This post shows that the hours when free things are available at the marae during the 3
October “Activation" are timed to precisely coincide with the hours when the polling
booth at the marae was open. Further, the post contains a clear link between casting a
ballot and obtaining free hip hop classes, karaoke, hangi, coffee, ice cream, donuts, and
haircuts, which is treating.
This link between voting and freebies is, of course, made even more explicit in the

Facebook Live video the following morning - which I shared with the Commission
previously - that outlined a ticketing system the marae used to provide free items
specifically for people who cast a ballot at the polling booth located at the marae.

3. Now that the final results have been declared, it is clear that the scale of the potential treating
(which the marae itself says runs to thousands of people) is significant enough to affect the
election result, where the final margin is four votes. This scale, relative to the margin in the
election, makes it even more imperative that this treating is investigated by police.

Timing of Electoral Commission decisions

As you know,
faces a deadline of 1 December to file any electoral petition in relation to
Tamaki Makaurau. It would be deeply unjust if that deadline were to pass without all parties
knowing the Commission’s decision on whether or not to forward these complaints to the police,
as that decision may be relevant to any electoral petition.

Our firm view is that it is the responsibility of state agencies, rather than other parties, to pursue
potentially corrupt practices in elections, and we ask that the Commission address that
responsibility in a timely fashion. We therefore request that the Commission expedite its
decision on these matters, and release that decision well in advance of the legal deadline of 1
December for filing any electoral petitions. I also request an update on the Commission’s
intentions about when it will make a decision, so I can pass that information on to dec ision-
makers within

Best regards,

From:
Support
To:
L & P Enquiries
Subject:
[Enquiry Subject] Voting enquiry from
Date:
Thursday, 9 November 2023 3:03:42 pm
Electoral Commission Cyber Security Warning: This email originated from outside
of the Commission. Please take extra care when clicking links or opening attachments.
When in doubt, contact the IT Service Desk.
Hi Legal Team,
Here is an enquiry from

It was CC'd to:
From:
Date: Thu, Nov 9, 2023 at 2:57 pm
Name:
Email:
From site: elections.nz
Subject: Voting
Type: Complaint
Message:
Kia ora, After reading the NZ Herald article today "Electoral Commission polling place decisions under
fire amidst recount and voting irregularities at Manurewa Marae" I wish to add a complaint to this
kāupapa. My wife and I chose to fulfil our democratic duty by voting (early) at Manurewa Marae,
Manurewa. We arrived on Saturday 7th October mid-morning and were welcomed with music, free
food, free Te Pāti Māori beanie's and a number of Te Pāti Māori flags and banners. We were then told
once we voted, we would be given a ticket to then present and receive ONE free hot hangi. I thought to
myself, is this bias or what! I did not feel it was pono to the neutral and unbiased environment which
should exist at an authorised Polling Booth. While it was an early vote which meant there were many
political banners still visible, my wife and I saw nothing but 'Māori Party' insignia around the Marae. I
knew Kemp was the CEO of Manurewa Marae, and the candidate for Tāmaki Makaurau. This is not
right. I would not normally make a complaint, but this is too important not to. Ngā mihi

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From:
L & P Enquiries
To:
@vision.org.nz
Subject:
Manurewa Marae
Date:
Thursday, 23 November 2023 4:20:00 pm
Attachments:
image002.jpg
image003.png
Kia ora

Thank you for your email of 13 November 2023.

The Manurewa Marae was identified along with other local marae including Papakura, Ruapōtaka, and Ōrākei Marae as
a potential venue that members of the surrounding community would readily vote in. It was noted that it had recently
offered COVID-19 vaccinations and opportunities to participate in the Census. It is used by the Ministry of Social
Development to promote employment opportunities. It is also used as a community hub by virtue of its medical
services and food bank.

The marae was advertised as a voting place issuing votes for the Manurewa general electorate and the Tāmaki
Makaurau Māori electorate and like all voting places, it also issued special votes for all general and Māori electorates
across the country.

We were aware of the candidate’s involvement at the marae. Prior to agreeing to use the venue we agreed that the
candidate would not enter the voting place other than to vote herself. We were provided an alternative designated
contact person that we made the arrangements with. We also ensured that the marae personnel were aware of the
rules regarding election advertising. Electoral Commission staff made sure that the 10 metre advance voting place
buffer zone and the election day rules were strictly being observed with respect to the voting place.

The Electoral Commission was responsible for appointing and training the voting place staff. We set clear expectations
that they must work in a way that supports a free and fair election. We have a code of conduct that sets that out,
including being politically neutral.

On 3 October, we were first made aware of a social media post by the Manurewa Marae promoting a free hangi after
people voted. The Electorate Manager contacted the marae contact person, on 4 October, to make it clear that the
hangi (or any other incentive) cannot be tied to having voted but should be available to everyone whether they have
voted or not. They were asked to amend their posts to reflect this. We received confirmation from our contact at the
marae that they were providing kai to anyone who came to the voting place, and this was not conditional on whether
or not they had voted. When the Electoral Commission’s Acting Chair and Deputy Chief Executive Operations visited
the marae on 5 October 2023, this is what they also observed.

On 9 October, we received your complaint, that was also copied to Police, regarding a social media post by an
individual which linked voting for Te Pāti Māori to receiving kai at the Manurewa Marae. The Electorate Manager
contacted the marae again to check. The marae confirmed again that they were providing kai to anyone who came to
the marae, and this was not conditional on whether they had voted or not and not linked to voting for any particular
party.

Under section 217 of the Electoral Act, anyone who gives or provides food, drink, entertainment or provision is liable
for prosecution for the corrupt practice of treating, if done “for the purpose of corruptly” influencing that person to,
generally put, alter their voting behaviour or procure the defendant’s election.
Although the ambit is broad, the threshold for establishing treating is also high - a corrupt intention is required. The
Courts have previously held that the offence of “treating” requires an intention on the part of the person treating to
influence the votes of the persons treated.
In this case, it appears that the marae was publicly offering kai and entertainment alongside a whole range of
organised marae activities including whanau day, kapa haka day, health checks, employment expo, and the Electoral
Commission’s voting place.

It appears that food was being made generally available without reference to voting or voting for Te Pāti Māori or its
candidate. Nor was it being accompanied by the giving out of campaign material. There did not appear to be any overt
campaigning associated with the manaakitanga.

Based on the information we have, we do not consider that this would meet the high test for treating and would not
refer the matter to Police.

Thank you for your further follow-up.

Ngā mihi

Kristina Temel
Electoral Commission

From:
<
@vision.org.nz>
Sent: Monday, November 13, 2023 6:30 PM
To: Dean
<
@elections.govt.nz>
Cc: Karl Le Quesne <
@elections.govt.nz>; Kristina Temel
@elections.govt.nz>
Subject: Re: [Enquiry Subject] Election advertising enquiry from

Electoral Commission Cyber Security Warning: This email originated from outside of the Commission. Please take
extra care when clicking links or opening attachments. When in doubt, contact the IT Service Desk.

Hi Dean,
Thank you for getting back to me, I understand you have been very busy.
However, on behalf of the Management of Vision NZ;
I don't understand how the choice of Manurewa Marae as a voting place for this election can be justified
when the CEO of the Marae was to be a candidate for the Maori Party.  Would Destiny Church be able to
do that?  I think not.
If the evidence summited to the Commission does not constitute Treating, then what does?
What is the point of having rules if threshold for breaching those rules is so high that they are rendered
superfluous, and make a mockery of our democratic system.
There is ample proof that the Maori Party have used some unscrupulous methods to contest this election.
Therefore, we are depending on the Commission to uphold the integrity of our electoral system by conducting
a vigorous investigation into their conduct.
Kind Regards

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confidential material.  No confidentiality is lost or waived by any mis-transmission.  Any review, retransmission, dissemination or other use of, or
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views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorised to state
them on behalf of the organisation.

From: Dean
<
@elections.govt.nz>
Sent: Monday, 13 November 2023 12:28 pm
To:
<
@vision.org.nz>
Cc: Karl Le Quesne <
@elections.govt.nz>; Kristina Temel
@elections.govt.nz>
Subject: RE: [Enquiry Subject] Election advertising enquiry from

Kia ora

Further to your telephone conversation with Karl today, I would like to apologise for not advising you of the
outcome of your complaint – this was an administrative oversight by me. The email that should have sent to you
is copied below.

Ngā mihi

Dean
| Senior Advisor Legal | Electoral Commission | Te Kaitiaki Take Kōwhiri
PO Box 3220 | Level 10, 34-42 Manners Street | Wellington
Phone +
|

Treating – Manurewa Marae

The Electoral Commission works to make voting accessible to all communities and to increasing participation
within communities that have lower rates of engagement in the electoral process. In selecting voting places, it
engages with people in different locations, particularly where voter turnout is low, to understand which
potential venues will work for different communities. Following this, a formal assessment is done of each site
to ensure it meets the Commission’s requirements.

The Manurewa Marae was identified as a potential venue that members of the surrounding community would
readily vote in. It was noted that it had recently offered COVID-19 vaccinations, food support and opportunities
to participate in the Census. In our discussions with the marae, it was mentioned that they might provide kai and
or activities to create a family friendly environment around the voting place. We were clear that the opportunity
to receive kai or participate in the activities must be available to anyone coming to the marae and cannot be
dependent on people voting. It is not uncommon for a schools or other community organisations to host
activities around voting places on this basis.

On 3 October, we were first made aware that the Manurewa Marae was making an association, via a social
media post, between voting at the marae and receiving a free hangi. The Electorate Manager contacted the
marae management, on the same day, to make it clear that the hangi (or any other incentive) cannot be tied to
having voted but should be available to everyone whether they have voted or not. They were asked to amend
their posts to reflect this. We received confirmation from our contact at the marae that they are providing kai to
anyone who comes to the voting place, and this is not conditional on whether they have voted or not.

On 9 October, the Commission received Vision New Zealand’s complaint regarding a social media post by an
individual which linked voting for Te Pati Māori to receiving kai at the Manurewa Marae. The Electorate
Manager contacted the Marae again. The Marae confirmed again that they are providing kai to anyone who
comes to the voting place, and this is not conditional on whether they have voted or not and not linked to voting
for any particular party.

Based on the information we have gathered and the assurances from the Manurewa Marae, we will not be
taking the matter further.

From:
<
@vision.org.nz>
Sent: Tuesday, October 10, 2023 10:19 AM
To: L & P Enquiries <
Subject: RE: [Enquiry Subject] Election advertising enquiry from

Electoral Commission Cyber Security Warning: This email originated from outside of the Commission. Please take extra care
when clicking links or opening attachments. When in doubt, contact the IT Service Desk.

Thanks Dean, we really appreciated that.
Cheers

Sent from my Galaxy

-------- Original message --------
From: L & P Enquiries
Date: 10/10/23 9:56 am (GMT+12:00)
To:
<
@vision.org.nz>
Subject: RE: [Enquiry Subject] Election advertising enquiry from

Kia ora

We are looking in the matter and will be liaising with our Voting Services Team and the Manurewa electorate
manager.

Ngā mihi

Dean
| Senior Advisor Legal | Electoral Commission | Te Kaitiaki Take Kōwhiri
PO Box 3220 | Level 10, 34-42 Manners Street | Wellington
Phone

@vision.org.nz (
@vision.org.nz).
It was CC'd to:

From:
@vision.org.nz
Date: Mon, Oct 9, 2023 at 9:32 pm
Name:
Email:
@vision.org.nz
From site: elections.nz
Subject: Election advertising
Type: Complaint
Message:
I would like to make a complaint about the Te Parti Maori offering treats to those voters who go to Manurewa Marae
to cast their vote this week. There is also a Tik Tok advertisement promising hangi for those who vote, with a photo
of Takutai Moana Natasha Kemp, the Te Parti Maori candidate for Tamaki Makaurau. Please see the evidence
below. I look forward to hearing from you.
‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

From:
Benjamin
To:
Natalie
Subject:
FW: [Enquiry Subject] Voting enquiry from
Date:
Monday, 4 March 2024 10:50:00 am
Attachments:
image001.jpg

Ngā mihi

Benjamin
(he/him)| Senior Policy Advisor | Legal and Policy
Electoral Commission | Te Kaitiaki Take Kōwhiri
PO Box 3220 | Level 4, 34-42 Manners Street | Wellington
Work +
| vote.nz | elections.nz

From: L & P Enquiries
Sent: Monday, February 12, 2024 3:28 PM
To:
Subject: RE: [Enquiry Subject] Voting enquiry from

Kia ora

Thank you for your email.

Treating requires the intention of corruptly influencing their vote and is a criminal offence under section
217 of the Electoral Act 1993. In our view, the Courts have held that this a high threshold. The question
of intention is an inference of fact which the Court has to draw.

In the case of this marae, to avoid any perception this activity could amount to treating we were in
touch with those involved to advise the hangi should be available to everyone, whether or not they had
voted. After the initial suggestion it was linked to voting, we were satisfied this was rectified and
attended the venue to confirm this. The wider marae venue had other events on at the same time, and
we are advised the 10 metre ‘buffer zone’ around the voting place was observed.

Ngā mihi

Benjamin
(he/him)| Senior Policy Advisor | Legal and Policy
Electoral Commission | Te Kaitiaki Take Kōwhiri
PO Box 3220 | Level 4, 34-42 Manners Street | Wellington
Work +
| vote.nz | elections.nz

From:
Date: Mon, Feb 12, 2024 at 2:59 am