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Prime Minister John Key on RadioLive - Source: ONE News -
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NZ First and Labour are calling on Prime Minister John Key to front up after the Electoral Commission ruled his radio show before the election broke the rules.
The Election Commission believes the Radio Live show, which saw Key interview the likes of Richie McCaw, Sir Richard Branson and Sir Peter Jackson, broke the law and is referring the broadcaster to the police for allegedly breaching the Broadcasting Act.
National's campaign strategist Steven Joyce said it was a matter for the broadcaster, not Key.
"It's their [Radio Live's] job to follow the rules so it'll be a matter between them and the police," said Joyce.
But NZ First leader Winston Peters says Key should also be referred to the police.
"Of course, it was a stunt. Just like the tea party was and he's been caught out," he told media today.
Labour's deputy leader Grant Robertson says Key should declare his on-air time as a donation and record it as an election expense.
"I see from reports, though, that instead of taking responsibility for John Key's poor judgement National is washing its hands of the situation," Robertson said in a statement.
"John Key should admit that he showed poor judgement and take responsibility for his role in the legal breach."
Radio Live says it's "surprised" by the decision but plans to "fully co-operate with police".
"Not surprised"
The show was aired on September 30 last year, during the three month strict advertising control period.
Key told listeners during the broadcast that the hour was an "election free zone", however the Electoral Commission concluded that the show was an election programme under the Broadcasting Act.
Labour Party General Secretary Chris Flatt officially complained to the Broadcasting Standards Authority and the Electoral Commission last year after Key's appearance on the talkback station.
Robertson said he was not surprised by the announcement today.
"We always felt that the programme was a clear breach of electoral broadcasting law.
"We thought it was unfair and we're very pleased the Electoral Commission agrees with us.
He said former Labour leader Phil Goff was not offered a similar spot and says it gave the Prime Minister publicity during a crucial time in the election process.
"What this gave the Prime Minister is an unfettered hour of radio in which he could align himself with the people he called his friends," he said.
"I think overall the process does need to be looked at."
The Electoral Commission's decision is contrary to an earlier one made by the Broadcasting Standards Authority which ruled that it was okay.
The complaint argues that Key's Hour breached the prohibition on paid election programmes and breached the Election Programmes Code of Broadcasting Practice.
"I think the BSA took a very narrow view of whether this was an election programme under the Broadcasting Act, Robertson said.
"We disagreed with that view."
The Electoral Commission said in its decision that it was an "unusual case" which highlighted "difficult legal questions".
The Prime Minister's office is refusing to comment on the issue saying it was now a matter for police.
Police will now decide whether to prosecute the broadcaster. Radio Live could be fined up to $100,000.
TVNZ's election day reporting is also the subject of a police complaint.
The Electoral Commission said the One News coverage before 7pm on the 26th of November last year included statements that were "likely to influence any elector as to the party for whom the elector should or should not vote."
- With Newstalk ZB
