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Richard Prebble and Ken Shirley v Donna Awatere Huata - SC 9/2004 SC CIV 9/2004

Summary

Whether distortion of "the proportionality of political party representation in Parliament" in terms of s55D of the Electoral Act 1993 was properly limited to conduct which alters a party's relative voting strength through defection - whether the belief of the leaders of the Act party that Huata had acted so as to distort the proportionality of Parliament was a reasonable one - whether, and to what extent, the scope of judicial review is limited in the context of ss55A-55D of the Act. CA34/04 16 July 2004

Result

Leave to appeal granted.
25 August 2004
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A Appeal allowed
B Order of the Court of Appeal prohibiting delivery of the proposed notice to the Speaker of the House of Representatives is discharged.
C Appellant entitled to costs in this and the lower courts.
18 November 2004
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Costs to appellant in the sum of $15,000, together with disbursements of $2,000.
19 April 2005

Hearing Transcripts

Related Documents

Court of Appeal decision — Huata v Prebble [2004] NZCA 147; [2004] 3 NZLR 359 (16 July 2004)

Leave judgment - leave granted — PREBBLE And Ors V HUATA SC SC CIV 9/2004 25 August 2004 (PDF 10 KB)

Substantive judgment — PREBBLE And Ors V HUATA SC SC CIV 9/2004 [18 November 2004] (PDF 139 KB)

Additional document — Judgment on costs PREBBLE And Ors V HUATA SC SC CIV 9/2004 [19 April 2005] (PDF 36 KB)