Complaint number: 25/298
Advertiser: Clive Boonham
Advertisement: Clive Boonham Unaddressed Mail
Date of Decision: 25 November 2025
Outcome: Decline to Adjudicate

Description of Advertisement:
A leaflet headed “A Personal Message from Clive Boonham Re 2025 Local Government Elections” was distributed to letterboxes in September in the Kaiwaka-Mangawhai Ward in the Kaipara District, prior to the local body elections. The leaflet contained Clive Boonham’s comments about the candidates standing for Council.

Summary of Complaint: The Complainant had several issues with the advertising headed “A Personal Message from Clive Boonham”. The Complainant said: “misrepresentation seriously undermines democracy in Kaipara”, the content lacked “substantive facts, clarity or balance” and “attempts to encourage and persuade voters to vote for these candidates and not others.” The Complainant said the advertisement did not clearly identify the Advertiser’s position and there was not separation of fact and opinion.

Relevant Codes: Advertising Standards Code – Principle 2, Rule 2 (b) Truthful Presentation, Rule 2 (e) Advocacy Advertising;

Information on Advocacy Advertising
Advocacy advertising is issues-based advertising where the purpose is to express the advertiser’s position on a political, religious, industrial relations, environmental or societal matter or on an issue of public interest or concern, with the intent to influence the choice, opinion, or behaviour of those to whom it is addressed.

It includes election advertisements from political parties, candidates and interest groups, and Government advertising whose principal purpose is to promote the Government’s (or local Government body) view and /or inform changes in public policy and/or educate the public on matters of public health, safety, or wellbeing.

Provided the requirements of Rule 2(e) are met, the Advertising Standards Code is applied to advocacy advertising in a way that takes into account the protections for freedom of expression and opinion in the New Zealand Bill of Rights Act 1990 (BORA).

For more information see the Guidance Note on Advocacy Advertising.

Chair’s Ruling:
The Chair reviewed the complaint, the relevant Advertising Standards Authority (ASA) Codes, the ASA Rules and Jurisdiction. The Chair also considered decisions about similar issues or advertising.

The Complaints Board Chair declined to adjudicate the complaint.

Under her delegated authority the Chair can decide, at her sole discretion, whether a complaint will be accepted. To guide her in this decision the Chair takes into account the Rules of the ASA, ASA jurisdiction and relevant precedent decisions.

The Chair referred to the following section of the ASA Jurisdiction, which says:

The ASA will not deal with complaints for advertisements that may have recently been seen by a complainant, but they are not current advertisements.
For example:

• social media posts that are more than six months old and take some time to scroll to on the advertiser’s page.
• ads in a printed newspaper with a publication date older than 30 days.
• ads in a printed magazine with a publication date older than 30 days if published more than monthly.
• ads in a printed magazine with a publication date older than the previous issue if published less than monthly.
• ads in a programme recording, if the advertising is not currently being broadcast.
  

The Chair noted the following dates:
6/7 September 2025 – The leaflet was delivered to letterboxes
11 October 2025 – Local Body Election voting closed at midday
18 November 2025 – Complaint was lodged with the ASA

The Chair said at the time the complaint was lodged the leaflet was older than 30 days and voting had been closed for a week.

In accordance with her discretion, the Complaints Board Chair declined to adjudicate the complaint, as the advertisement was no longer current at the time the complaint was received.