9 Oct 2023
NEW ZEALAND LOYAL v ELECTORAL COMMISSION [2023] NZHC 2827
- Citation
- [2023] NZHC 2827
- Court
- High Court
The Court cannot grant the mandatory order because doing so would effectively suspend and override clear statutory deadlines in the Electoral Act; the Commission's refusal to accept a party list after noon on 14 September 2023 is a matter of statutory requirement not an exercise of a discretionary statutory power amenable to judicial review; s 146H does not permit curing omissions to a party list and s 128C does not permit resubmission beyond the s 127 deadline; s 12(b) BORA is not engaged on the pleaded facts.