It's illegal to lie to your employer, bank, IRD, or court. Why can politicians lie to you?

1   Title

This Act is the Political Integrity (Misinformation Accountability) Act 2026.

2   Commencement

(1) This Act comes into force 6 months after the date on which it receives the Royal assent.

(2) The Commissioner must be appointed under clause 6 within 3 months of the date on which this Act receives the Royal assent.

3   Purpose

The purpose of this Act is to —

(a) protect the integrity of New Zealand's democratic processes by holding members of Parliament accountable for deliberately making false or misleading statements; and

(b) establish an independent Political Integrity Commissioner to investigate complaints and enforce standards of factual honesty in political communication; and

(c) establish a Political Integrity Committee to provide ongoing parliamentary oversight of political integrity; and

(d) create a graduated penalty regime that is proportionate to the seriousness and frequency of the conduct; and

(e) ensure that corrections to false statements are publicly accessible and enduring; and

(f) balance these objectives with the protection of genuine freedom of expression, honest mistakes, and legitimate political debate.

4   Interpretation

In this Act, unless the context otherwise requires, —

Commissioner — the Political Integrity Commissioner appointed under clause 6.

Committee — the Political Integrity Committee established under clause 26.

correction window — a period of 48 hours from the time the Commissioner notifies a member of a complaint or investigation, during which the member may make a correction that meets the correction requirements to avoid escalation of penalties.

knowingly false statement — a statement of fact that the member knew, or ought reasonably to have known, was false at the time of making it; includes a factual claim disguised as opinion.

opinion used as vehicle for falsehood — a statement framed as opinion, belief, or attribution that contains or implies a specific factual claim the member knows to be false. Includes:

(a) prefacing a false claim with "I believe", "I think", "in my view", "in my opinion";

(b) attributing a false claim to unnamed sources ("many people are saying", "some experts think");

(c) framing a false factual claim as a rhetorical question;

(d) expressing a "purported opinion" that necessarily depends on an underlying false factual claim.

misleading spin — a statement of material fact that, while not entirely false on its face, deliberately misrepresents a specific identifiable matter with the intention of creating a false impression. Limited to three categories: (a) cherry-picked numerical or statistical data (including repeated use of conditional/maximum figures as if guaranteed); (b) quotations or sources materially reversed or distorted; (c) factual claims about identifiable historical events, government actions, expenditure, or policy outcomes. For the avoidance of doubt: differences of opinion, predictions of future policy outcomes, value-based interpretations of agreed facts, and rhetorical emphasis are not misleading spin.

Drafting note — May 2026: tightened from the original broad definition to require a specific identifiable misrepresentation within one of three concrete categories. Protects ordinary political argument under NZBORA s 5 (Hansen v R minimum-impairment) while still catching statistical spin, misquotation, and false claims about government actions.

material fact — a factual claim that could reasonably influence public opinion, policy decisions, or voter behaviour.

public harm — demonstrable harm to public health, safety, democratic processes, or public trust resulting from a false or misleading statement.

public platform — proceedings in Parliament; select committee proceedings; personal or official social media; press conferences; media interviews; campaign material and advertising; official communications and press releases.

5   Political Integrity Commissioner established

(1) There is established an officer called the Political Integrity Commissioner.

(2) The Commissioner is an officer of Parliament for the purposes of the Officers of Parliament Committee.

6   Appointment of Commissioner

(1) The Commissioner is appointed by the Governor-General on the recommendation of the House of Representatives.

(2) A person must not be appointed as Commissioner if that person —

(a) is, or has within the preceding 5 years been, a member of Parliament; or

(b) is, or has within the preceding 5 years been, a member of a political party; or

(c) holds any office that could reasonably give rise to a conflict of interest.

(3) The Commissioner must hold a legal qualification of not less than 7 years' standing.

7   Term of office

(1) The Commissioner holds office for a single term of 7 years.

(2) The Commissioner is not eligible for reappointment.

(3) The Commissioner may resign at any time by written notice to the Speaker.

8   Independence of Commissioner

(1) The Commissioner acts independently in performing the Commissioner's functions.

(2) No Minister, member of Parliament, or other person may direct the Commissioner.

(3) The Commissioner is funded by a Vote administered by the Office of the Clerk of the House.

(4) The Commissioner's budget is reviewed by the Officers of Parliament Committee under Standing Orders, bypassing Cabinet. Cabinet must not propose appropriations for the Commissioner outside this process.

(5) The Commissioner's salary is set by the Remuneration Authority and cannot be reduced during the term of office.

Drafting note — May 2026: subsections (4) and (5) added to mirror the funding protections of the Auditor-General, Ombudsman, and Parliamentary Commissioner for the Environment. Prevents retaliatory defunding by an aggrieved government.

9   Removal from office

The Commissioner may be removed only by the Governor-General, on an address from the House, for proven misbehaviour or incapacity.

10   Functions of Commissioner

The Commissioner's functions are to —

(a) receive and investigate complaints about knowingly false statements and misleading spin made by members on any public platform; and

(b) initiate own-motion investigations where there are reasonable grounds; and

(c) make findings and publish reports; and

(d) issue warnings, public censure notices, and fines under the graduated penalty regime; and

(e) refer serious or repeated cases to the Solicitor-General; and

(f) maintain a public corrections register; and

(g) provide quarterly and annual reports; and

(h) promote public awareness of the standards expected; and

(i) advise the Political Integrity Committee.

11   Powers of Commissioner

(1) The Commissioner may —

(a) require any person to provide documents, information, or evidence; and

(b) require any member to appear and answer questions; and

(c) enter and inspect public-entity premises connected to a member's capacity as an MP, with reasonable notice; and

(ca) on the issue of a District Court warrant under subsection (1A), enter and inspect other premises occupied by or on behalf of a member; and

(d) access any publicly available social media content posted by or on behalf of a member.

(1A) A District Court Judge may issue a warrant under (1)(ca) on application by the Commissioner if satisfied the entry is necessary, proportionate, and (in the case of a dwelling) supported by exceptional grounds.

(2) Failure to comply without reasonable excuse is an offence under clause 37.

Drafting note — May 2026: split the original blanket "enter any premises with reasonable notice" power into public-entity (no warrant) and other premises (warrant required). Mirrors the Auditor-General (Public Audit Act 2001 ss 25, 29) and Ombudsman (Ombudsmen Act 1975 s 18). Required for NZBORA s 21 compliance.

12   Complaints

(1) Any person may lodge a complaint with the Commissioner.

(2) A complaint must be in writing, identify the member and the statement, and explain why it is believed to be knowingly false or misleading spin.

(3) The Commissioner must acknowledge receipt within 5 working days and make an initial assessment within 20 working days.

13   Own-motion investigations

The Commissioner may commence an investigation without a complaint where there are reasonable grounds. The member must be notified within 5 working days.

14   Investigation procedure

The Commissioner must act in accordance with the principles of natural justice, give the member a reasonable opportunity to respond, notify them of the correction window, and complete the investigation within 90 working days unless exceptional circumstances require an extension.

15   Investigations of proceedings in Parliament

Before investigating a statement made in proceedings in Parliament, the Commissioner must be satisfied on evidence available without reference to proceedings in Parliament that there are substantial grounds to believe the statement was knowingly false or constituted misleading spin, and that the member had personal knowledge of the facts.

The Commissioner must also seek and receive a House resolution authorising the investigation. The motion may be moved by the Privileges Committee or any member. The Commissioner cannot exercise any powers under clause 11 against in-House speech without this resolution. The House may vary or revoke the authorisation at any time.

Drafting note — May 2026: replaces the original "Speaker's leave" with a House resolution. The carve-out from Article 9 of the Bill of Rights 1688 is now exercised by Parliament itself, not invoked by a statutory officer — which is the only constitutional way to limit parliamentary privilege (Prebble v TVNZ; Jennings v Buchanan).

16   Findings

The Commissioner makes one of: substantiated (knowingly false); substantiated (misleading spin); not substantiated; or substantiated with adequate correction within the window. All findings are published with reasoning.

17–20   Warnings, censure, fines, referral

See the graduated penalty regime in clause 38. Fines: up to $50,000 (third finding), up to $100,000 (fourth+ or pattern). Criminal referral to the Solicitor-General for persistent serious harm or non-compliance.

21   Correction requirements

(1) A correction must —

(a) be posted on every platform where the original statement appeared;

(b) be given equal or greater prominence than the original;

(c) clearly identify the original statement, explain why it was false or misleading, and state the correct facts;

(d) be kept publicly visible for at least 1 year;

(e) be notified to the Commissioner for the corrections register.

(2) Burying a correction in a reply or footnote, or posting it at a low-visibility time, does not satisfy these requirements.

(3) Removing a correction before the 1-year period is itself an offence (clause 36).

22   Corrections register

A public, freely accessible register on the Commissioner's website, listing the member, the original statement, the date and platform, the correction, and where it was posted. Entries kept for at least 5 years.

23–25   Reporting, staff, resources

Annual report to the House by 30 September. Quarterly report to the Committee within 20 working days of quarter-end. The Commissioner may employ staff as necessary.

25A   Duty to cite sources for factual claims

(1) When a member makes a factual claim of material fact on a public platform that relies on or purports to be supported by an identifiable source, the member must accompany the statement with —

(a) a hyperlink to the primary source where the platform permits hyperlinks; or

(b) a clear citation of the source where hyperlinks aren't possible (spoken statements in Parliament, broadcast interviews, print advertising).

(2) The duty applies in particular to claims about public health and vaccines; scientific or environmental research; statistical claims (crime, unemployment, immigration, demographic, economic); government expenditure and policy outcomes; and historical events or actions by identifiable persons or organisations.

(3) Exempt: opinions and predictions; common knowledge; informal personal speech.

(4) Failure to comply is investigable by the Commissioner. Repeated non-compliance attracts graduated penalties beginning at the warning level. Not a criminal offence on its own.

Drafting note — May 2026 (second pass): added to complement the deletion of the "honest mistake" defence in clause 44. The principle: politicians who make factual claims must show their work. Targets categories where misinformation has high public-harm potential, while protecting ordinary political debate via the exemptions.

26   Committee established

A select committee of the House — the Political Integrity Committee — is established as a subject select committee for the purposes of Standing Orders.

27   Composition

(1) 5–8 MPs reflecting the proportional composition of the House, plus 3 independent lay members.

(2) Lay members must be persons of recognised standing in law, journalism, or public administration, and must not be current or recent party members.

(3) Lay members appointed by the Speaker for a 3-year term, renewable once. They participate and recommend but do not vote.

28   Functions

Review the Commissioner's reports; examine trends; call members to appear and explain; publish quarterly public report cards; recommend censure; refer matters back to the Commissioner.

29   Quarterly review

Meet within 20 working days of receiving each quarterly report. Additional meetings as required.

30   Power to summon

The Committee may require any MP to appear and answer questions, with the same effect as a select committee summons.

31   Public report card

Within 40 working days of each quarterly report, the Committee must publish a report card summarising findings, identifying members the subject of substantiated complaints, and noting trends. Published on the Parliament website.

32   Recommendation of censure

The Committee may recommend that the House censure a member, with a report setting out the grounds.

33   Offence of making knowingly false statement

(1) A member commits an offence who, on a public platform, makes a statement of material fact that the member actually knew to be false at the time of making it.

(2) The prosecution must prove actual knowledge of falsity beyond reasonable doubt. The "ought reasonably to have known" limb in clause 4 applies only to administrative findings under Part 1, not to criminal proceedings.

(3) Defences: (a) did not actually know the statement was false; (b) made an adequate correction within the correction window.

(4) On conviction: fine up to $200,000, or imprisonment up to 2 years, or both.

34   Offence of misleading spin

(1) A member commits an offence who, on a public platform, engages in misleading spin with the intention of creating a false impression of material fact.

(2) The prosecution must prove beyond reasonable doubt both actual knowledge that the underlying facts contradicted the impression created and actual intention to create that false impression.

(3) Defences: did not actually intend to mislead; statement in full context not misleading; adequate correction within the window.

(4) On conviction: fine up to $200,000, or imprisonment up to 2 years, or both.

Drafting note — May 2026: criminal offences now require actual knowledge (subjective fault) beyond reasonable doubt. The hybrid "knew or ought reasonably to have known" standard remains for administrative findings under Part 1 (warnings, censure, fines). Mirrors NZ criminal law tradition (R v Harney; FMC Act 2013 s 259 — civil hybrid, criminal subjective). Aligns the offences with the bill's stated policy of targeting only deliberate lies.

35   Failing to comply with correction requirement

Offence to fail to comply with a correction order. On conviction: fine up to $50,000.

36   Deleting a correction

Offence to remove, hide, or reduce the accessibility of a correction before the 1-year period expires. On conviction: fine up to $50,000.

37   Failing to comply with Commissioner's order

Offence to fail, without reasonable excuse, to comply with a requirement under clause 11. On conviction: fine up to $25,000.

38   Graduated penalty regime

(1) First finding → warning. Second / failure-to-correct → public censure. Third / demonstrable public harm → fine to $50,000. Fourth+ / repeated pattern → fine to $100,000. Persistent serious harm or refusal to comply → referral for prosecution.

(2) The Commissioner may depart from the schedule where seriousness warrants, but must record reasons.

39   Disqualification from holding office

On conviction under clause 33 or 34, the court may disqualify the person from candidacy and from holding office for up to 5 years.

40   Correction window

48 hours from notification. If a compliant correction is made, the Commissioner may close the investigation without a finding, or record a finding without penalty. The window does not apply where the original statement was made with deliberate intention of causing serious public harm.

41   Amendment to Parliament Act 2025

After the provision providing for the effect of Article 9 of the Bill of Rights 1688, insert:

"Nothing in this section prevents the House of Representatives from authorising, by resolution, the Political Integrity Commissioner (established under the Political Integrity (Misinformation Accountability) Act 2026) to investigate specific statements or classes of statements made in proceedings in Parliament. Where such a resolution is in force, the Commissioner may receive and investigate complaints about the statements specified in the resolution, and make findings and impose penalties under that Act. No other investigation by the Commissioner of statements made in proceedings in Parliament is authorised by this section."

Drafting note — May 2026: the carve-out from Article 9 is now exercised by the House itself through a resolution, not invoked unilaterally by a statutory officer. This locates the limitation on privilege inside Parliament's own constitutional authority — the only authority that can limit Article 9.

42   Amendment to Imperial Laws Application Act 1988

In Schedule 1, after the entry relating to Article 9 of the Bill of Rights 1688, insert:

"Article 9 of the Bill of Rights 1688 does not prevent the investigation of knowingly false statements of material fact or misleading spin by the Political Integrity Commissioner under the Political Integrity (Misinformation Accountability) Act 2026, subject to the procedural safeguards in that Act."

43   Amendment to Electoral Act 1993

(2) In section 199A, replace "during the specified period" with "at any time during the parliamentary term."

(3) In section 199A, after "publishes or republishes a statement" insert "on any public platform (as defined in the Political Integrity (Misinformation Accountability) Act 2026)."

(4) After section 199A, insert:

"199B — Misleading spin to influence voters. A person is guilty of a corrupt practice who, with the intention of influencing the vote of an elector, engages in misleading spin (as defined in the Political Integrity (Misinformation Accountability) Act 2026) on any public platform at any time during the parliamentary term."

44   Protected speech

(1) Nothing in this Act applies to —

(a) a genuine statement of opinion, belief, or political judgement clearly presented as such, that does not contain or imply a specific factual claim the member knows to be false;

(b) a statement of fact made in good faith reliance on an identified official source, published research, or expert advice — the member must name the source;

(c) satire, humour, or rhetorical exaggeration no reasonable person would interpret as a statement of fact.

(2) For the avoidance of doubt, a statement is not protected merely because it is prefaced with "I believe", "I think", "in my view", or similar phrases, if it contains or implies a specific factual claim the member knows to be false. The Commissioner must look through the form of the statement to its substance.

(3) Context, audience, platform, and manner of delivery must all be considered.

Drafting note — May 2026 (second pass): the "honest mistake" defence was deleted entirely. It was substantially redundant with (b) (good-faith reliance on an identified source) and let MPs escape via unsourced confident claims. The remaining defences are genuine opinion, identified-source reliance, and satire. This change is paired with the new duty to cite sources in clause 25A.

45   Right of appeal

A member subject to a finding may appeal to the High Court on a question of law or fact, within 20 working days of publication. The High Court may confirm, set aside, refer back, or vary the penalty.

46   Vexatious complaints

The Commissioner may dismiss a complaint without investigation if it is frivolous, vexatious, made for a predominantly political purpose unrelated to genuine concern about misinformation, or outside the scope of the Act. Written reasons must be provided.

47   Review of Act

The Minister must commence a review within 3 years of commencement, covering complaints received, effectiveness of the penalty regime, any unintended consequences, the independence and resourcing of the Commissioner, and the operation of correction requirements. A report is presented to the House within 12 months of commencing the review.

48   Sunset clause

This Act is repealed 10 years after commencement unless the House resolves before that date to continue it. A continuation resolution may extend it for a further period not exceeding 10 years.

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This draft is prepared for discussion purposes and does not constitute formal legal advice. Formal drafting of New Zealand legislation is undertaken by the Parliamentary Counsel Office (PCO).