New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Electoral finance act 2007

Legal area

Court

9 Jun 2008

KIRK V THE ELECTORAL COMMISSION HC WN CIV 2008-485-805

Citation

openlaw-92923d23_7f8a_4ef6_b940_10e66037e419.pdf
Court

High Court

The Commission applied the correct statutory test under s 70, considered relevant public interest factors and the newness of the legislation, made a permissible value judgment to use educative measures rather than police referral, and did not take irrelevant considerations; judicial review cannot substitute the Court's value judgment for that of the Commission, therefore the decision stands.
21 May 2008

KIRK V ELECTORAL COMMISSION AND ANOR HC WN CIV 2008-485-756

Citation

openlaw-b5bb37ec_4fb4_48e7_aba0_28b6efd1d863.pdf
Court

High Court

The word 'person' in s13(2)(f) of the Electoral Finance Act 2007 bears the meaning in Interpretation Act 1999 s29 (including bodies corporate and unincorporated bodies); therefore the Union is a 'person' for the purposes of s13(2)(f) and the Electoral Commission must determine, as a matter of fact under s17(1)(c), whether the Union is involved in the administration of a party before listing it as a third party.