On Mike Yardley’s NewstalkZB radio show, the morning of 15.2.2012, Burwood-Pegasus ward community board member Dave East denied all responsibility for recent by-election campaign advertising poster-litter left up in his name: “they were not authorised by me and I lack the wherewithal to get around and take them down”, he said. Not good enough, by far!

If this “local representative” cannot use his eyes and car, to whip around this already-damaged area with a scraper and scrubbing brush, what is he doing at the community board table? Where is Dave’s commitment to counter litter problems in Burwood-Pegasus ward? Resign, Dave East, and meet the full measure of the law!

Local Electoral Act 2001, 113 Advertisements for candidates:
“(1) No person may publish or cause to be published in any newspaper, periodical, notice, poster, pamphlet, handbill, billboard, or card, or broadcast or permit to be broadcast over any radio or television station, any advertisement that is used or appears to be used to promote or procure the election of a candidate at an election, unless subsection (2) or subsection (4) applies.

(2) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—

(a) the publication of that advertisement is authorised in writing by the candidate or the candidate’s agent or, in the case of an advertisement relating to more than 1 candidate, the candidates or an agent acting for all of those candidates; and

(b) the advertisement contains a statement setting out the true name of the person or persons for whom or at whose direction it is published and the address of his or her place of residence or business.

(3) A candidate is not responsible for an act committed by an agent without the consent or connivance of the candidate.

(4) A person may publish or cause or permit to be published an advertisement of the kind described in subsection (1) if—

(a) the publication of the advertisement is endorsed by an organisation or body representing residents or ratepayers … [does not apply in this case. Emphases added.]”

Exhibit #1, an example of the offending poster:

David East poster, Pages Road, 10 February 2012

David East poster, Pages Road, 10 February 2012

Facebook chat followed with Mike Yardley next day, that went like this:

Rik Tindall
NewstalkZB is a political platform for dishonesty. Yesterday morning 15.2.2012 a caller complained about numerous “Vote David East Now” posters stuck along major thoroughfares in Burwood-Pegasus ward, so show host Mike Yardley Zb rang community board member Dave East to question him. East denied all knowledge and responsibility for the “unauthorised” by-election advertising litter, so Yardley condemned East’s ‘impersonator’ instead. But this was disingenuous and unacceptable from both men, as East had at least three other forms of advertising that also lacked the legally-required “authorised by” statement attached: community news ads, a leaflet flier, and signs like this one pictured on Marine Parade / Jervois Street corner. Such deceitful conservatives should be exposed and forced to resign, or is official dishonesty an accepted Kiwi trait? No thanks!

Exhibit #2, one of several offending billboards:

David East billboard, Feb 2012

David East billboard, Feb 2012

Mike Yardley Zb
Thanks for defaming me Rik. The caller specifcally referred to the stickers on street poles. Why didn’t you call in about this other matter? I am NOT dishonest and request you desist from making wild accusations which are malicious, unfair and misleading.

Rik Tindall
Hi Mike. Yes, the A3-sized “VOTE David East NOW” ‘stickers’ (posters) are many and still out there, last I saw, and that was the subject of the complaint call to you. Written expression is more definite than conversational, I find, as to why I haven’t rung in on this. But I could..? In the specific language of the relevant legislation, all election advertising must show an “authorised by” tag locating its producer (the candidate or campaign manager name and address). I have here provided some evidence of the three other types of unauthorised advertising that David East employed Jan-Feb 2012 – apart from the posters in question – that I know of, as to why the public cannot take David at his word as you did on your show. Given the propensity to pick political winners displayed by your choice of interviewees, I feel obliged to illustrate what many find a typically unethical standard here. Nothing personal. Just had enough of bent “authority”! Cheers for your work in public discourse. Kia ora

Mike Yardley Zb
Alex’s biggest concern was the stickers that have been slapped on dozens of street poles. If David East didn’t address the full story, when we bailed him up, why didn’t take the opportunity to call the station, as opposed to bagging us as dishonest? It’s just so OTT Rik. And silly.

Rik Tindall
Hmm. I knew I had this photo to publish, and can generate three more of other document forms, to substantiate what I’m saying. Rather than ringing you it is more effective to lodge an official complaint. That, as opposed to what I could say in a short telephone call, I have been considering. Really, I think a prosecution – like the one Police now have to pursue against John Key for his radio host appearance – would send the clearest message. But whether to foist such angst upon someone like Dave, who is personable although quite manipulative (on community board, at least) is something my conscience now wrestles with. I guess since you have better facts now Mike, you too must decide what to do with them – innocence has been disproven. David has made you an accomplice in preserving his reputation. This isn’t trivial, or a laughing matter.

Mike Yardley Zb
Do what you want with it Rik. But perhaps you should show a little bit more restraint before you start hurling the DISHONESTY label publicly. Not impressed.

Rik Tindall
‎”NewstalkZB is a political platform for dishonesty” very often. It is a National-aligned message that comes across as a feature.

Mike Yardley Zb
Well, I can only speak for my programme – and we operate to NO-ONE’s agenda or political platform. To suggest we do is deliberately dishonest. If you have a beef with any other host, take it up from them. But slander is not classy.

Rik Tindall
‎..you continue in the same vein, Mike: create some diversionary alleged offence, rather than deal with the actual law-breaking put before you, the denial story of which you echoed as host.

Mike Yardley Zb
I’m over this Rik. I did nothing of the sort. Alex rang in about VANDALISM in the East – not some alleged offence pertaining to Election advertising..If this is such a big issue Rik, I trust you will formally lay a complaint today and advise our newsroom and all other media newsrooms if you want. The ZB newsroom can be easily reached. 3633555. Over and out.

Further evidence:

Exhibit #3, David East’s offending flier:

David East letterbox flier, Jan-Feb 2012, side A

David East letterbox flier, Jan-Feb 2012, side A


David East letterbox flier, Jan-Feb 2012, side B

David East letterbox flier, Jan-Feb 2012, side B

Exhibit #4, an offending Mainland Press advertisement, of at least two:

David East advertisement, January 2012

David East advertisement, January 2012

Update: Complaint formally laid with Christchurch City Council Electoral Officer, Clare Sullivan, on 21-02-2012.
Discussion: Community Board law-breaker Burwood-Pegasus on Canterbury Public Issues Forum

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