Police have confirmed they warned Education Minister Jan Tinetti over Facebook posts made during the Tauranga by-election last year.

They say the breach of electoral law did not meet the threshold for prosecution.

Tinetti was Labour's candidate during the by-election in June 2022, which was won by National's Sam Uffindell.

Under the Electoral Act, doing anything that may influence a voter - such as a social media post- is forbidden on election day. This applies to the general public, candidates, and parties.

On June 18, the day of the by-election, Jan Tinetti's Facebook page published two posts. Labour's Māori Caucus' Facebook page published a third.

The Electoral Commission was made aware of the posts, and after contacting the Labour Party, they were taken down.

Tinetti did not personally publish the posts, but apologised.

"I'll take responsibility for that, because that was on my page," she said the day after the by-election.

At the time, she accepted whatever punishment would be handed down. Police confirmed they received a referral from the Electoral Commission regarding apparent breaches of electoral advertising rules.

"Police reviewed all available information and determined it did not meet the threshold for prosecution, however, a formal warning was issued."

The warning was issued in November.

"She was a Cabinet Minister at the time. We need to know why she didn't tell the public, whether she told the prime minister and whether Chris Hipkins knew about it when he promoted her," says National leader Christopher Luxon.

In a statement, Tinetti says "I was made aware the of the Facebook post within an hour of it being made on my Facebook page and I removed it as soon as I saw it. I apologised at the time and have taken steps to prevent it happening again."

Tinetti was this week referred to Parliament's Privileges Committee after failing to correct an incorrect statement to the House.

Under questioning in February, she had claimed she had no responsibility for the release of attendance data. Though told later that day she was wrong, she did not correct the record in Parliament until May.

Speaker Adrian Rurawhe referred the matter to the Privileges Committee to determine if delay in correcting an inaccurate statement amounts to contempt.

She will appear before the Committee next Thursday.

RNZ