In this episode of the Election 2026 podcast series, Senior Associate Mark Calderwood is joined by Partner Megan Evans and Special Counsel Daniel Fielding to unpack how political expression on social media is regulated in an election year, and the legal risks that can arise in both the public and private sectors.
[01:04] Mark sets the scene for a likely surge in political content online as the election approaches, and why employees and employers alike should be thinking carefully about what is appropriate to post and share.
[01:47] Daniel outlines the role of the Human Rights Act and the New Zealand Bill of Rights Act (BORA), including how political opinion is protected and the limits of those protections in practice. Daniel continues by explaining how BORA allows for reasonable limits on rights where those limits are lawful, justified and proportionate, a tension that often arises in the employment context.
[04:46] Megan outlines how the Employment Relations Act protects employees from discrimination based on political opinion, and the exceptions that apply where employment is itself political in nature.
[06:13] The discussion turns to why political neutrality is a foundational principle of New Zealand’s Westminster–style system and how it enables continuity across governments. Public servants retain political rights in their private lives, but must also maintain the trust and confidence of current and future governments, a balance that requires judgment and care.
[08:24] Megan highlights key areas where neutrality is especially important, including advertising, engagement with MPs, organisational social media use, and conduct during the election period. While political activity outside work is generally permitted, public servants must avoid representing their agency, misusing confidential information, or creating misleading impressions.
[12:09] The panel discusses a Public Service Commission review into an election period advertorial, illustrating the heightened scrutiny applied during the lead up to polling day.
[14:34] Daniel explains how political neutrality conventions continue to apply year round, but with greater sensitivity and scrutiny in the pre-election period. Key dos and don’ts are canvassed, including restrictions on campaigning at work, wearing political material in the workplace, and engaging with parties during work hours.
[15:20] Daniel notes that while public servants face stricter neutrality obligations, private sector employees may still face consequences if political posts affect trust, reputation or compliance with employer policies. Daniel explains when public servants may be required to take leave if they intend to stand as candidates, including important nomination day timelines.
[17:10] Megan discusses how social media has narrowed the distinction between personal conduct and professional obligations, and why “private” posts may not stay private.
[23:07] They discuss high profile examples where senior role holders faced consequences for political commentary shared online, even when framed as private views. A recent Employment Court decision is discussed, reinforcing that off–duty social media activity may still justify disciplinary action where it undermines an employer’s interests.
Information in this podcast is correct as at the date of recording, 18 February 2026
Please contact Mark Calderwood, Megan Evans, Daniel Fielding or our Public Law, Litigation or Employment team if you need legal advice and guidance on any of the topics discussed in this episode.
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