2 Mar 2011
TAKEREI V WINIATA & ORS HC HAM CIV-2010-419-1071
- Citation
- openlaw-a73f89b8_ec56_40be_b83c_cb547260569d.pdf
- Court
- High Court
The Court held the decision to select a candidate was not a statutory power of decision under the Judicature Amendment Act 1972; ss71 and 71B of the Electoral Act impose a public law element enabling review of party rules and processes but leave detail to parties; rule 8 of the Maori Party Constitution vests the National Council with power to determine candidate selection procedure (overriding Guidelines); the Candidate Selection Guidelines are directory not mandatory; established breaches (notice, voting method, database issues) were not sufficiently serious to breach s71 or to make the proc…