KIRK V ELECTORAL COMMISSION AND ANOR HC WN CIV 2008-485-1721

KIRK V ELECTORAL COMMISSION AND ANOR HC WN CIV 2008-485-1721

The Court dismissed the judicial review: the Electoral Commission did not err in law in its interpretation or in its fact-finding; its conclusion that the Union was not "involved in the administration of the affairs" of the Labour Party was open on the evidence, it did not omit relevant considerations, and there was no demonstrable evidence that Union nominees acted under the Union's direction or influence to the requisite degree.

Citation
openlaw-ebe38b24_3dac_4665_99d7_cd9fbad8c840.pdf
Parties
Plaintiff: Judith Kirk; First Defendant: The Electoral Commission; Second Defendant: New Zealand Amalgamated Engineering, Printing and Manufacturing Union
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 August 2008
Procedural Posture
Judicial Review / Judgment Delivered 28 August 2008
Outcome
Application for judicial review dismissed
Legal Topics
Third Party Listing, Eligibility Under the Electoral Finance Act 2007, Judicial Review of Administrative Decision, Error of Law, Interpretation of "involved in the Administration of the Affairs of a Party"
Electoral Law Administrative Law Statutory Interpretation Third Party Listing Eligibility Under the Electoral Finance Act 2007 Judicial Review of Administrative Decision Error of Law Interpretation of "involved in the Administration of the Affairs of a Party"

Case Brief

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Parties

Judith Kirk

Plaintiff

The Electoral Commission

First Defendant

New Zealand Amalgamated Engineering, Printing and Manufacturing Union

Second Defendant

Procedural Posture

Judicial Review / Judgment Delivered 28 August 2008

Legal Issues

  1. 1 Whether the Electoral Commission misinterpreted s13 of the Electoral Finance Act 2007 by adopting an unduly restrictive meaning of "involved in the administration of the affairs of a party"
  2. 2 Whether the Commission failed to take into account relevant considerations (including the Union's rules) in assessing eligibility
  3. 3 Whether the Union was involved in the administration of the Labour Party via its membership rights or nominees acting under its direction or influence

Ratio Decidendi

The Court dismissed the judicial review: the Electoral Commission did not err in law in its interpretation or in its fact-finding; its conclusion that the Union was not "involved in the administration of the affairs" of the Labour Party was open on the evidence, it did not omit relevant considerations, and there was no demonstrable evidence that Union nominees acted under the Union's direction or influence to the requisite degree.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed
  • Parties may submit memoranda as to costs