In this episode of Election 2026, Solicitor Michael O’Brien is joined by Partner Briony Davies and Special Counsel Daniel Fielding from our Public Law team to unpack the concept of “treating” in New Zealand electoral law and why it continues to matter in modern elections. Drawing on both the Electoral Act 1993 and the Local Electoral Act 2001, they explain how treating broadly captures the provision of food, drink, entertainment or other benefits where the intent is to influence voting behaviour, and why it remains classified as a corrupt practice with significant legal consequences.

[00:39] Michael discusses with Briony and Daniel what “treating” means, including the existence of two parallel offences and key differences between general and local elections. 

[02:09] Daniel explains why treating is considered a corrupt practice, with Michael outlining the serious consequences, including fines, imprisonment, and disqualification from voting or holding office. 

[04:08] Briony explains the policy rationale behind the offence, including its historical origins and the ongoing need to protect the integrity of elections from undue influence.  

[06:08] Michael and Daniel explore the modern context, including the secret ballot and comparisons such as Australia’s “democracy sausage”, illustrating how context affects whether conduct is problematic. 

[08:08] Briony and Daniel outline the types of conduct that may fall within treating, emphasising the broad scope of “food, drink, entertainment or other things”.

[10:35] Daniel and Michael focus on intent and context, explaining when everyday conduct is unlikely to breach the law unless linked to an intent to influence voting behaviour. 

[12:53] Briony and Daniel explain how intent is assessed, with Michael drawing out key factors such as value, frequency, and surrounding circumstances.

[15:24] The hosts discuss the practical risk areas, including polling places and fundraising, with examples of how conduct can shift from benign to problematic. 

[18:30] Daniel explains liability for both those providing and receiving benefits, as well as additional considerations for licensed alcohol suppliers. 

[20:59] Briony and Daniel discuss recent controversies from the 2023 general election and subsequent law reform, including new restrictions around polling places and the debate surrounding them. 

Information in this podcast is correct as at the date of recording, 11 March 2026

Please contact Briony Davies, Daniel Fielding or our Public Law team, if you need legal advice and guidance on any of the topics discussed in this episode. 

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