27 May 2019
THE KIWI PARTY INCORPORATED v THE ATTORNEY GENERAL [2019] NZHC 1163
- Citation
- [2019] NZHC 1163
- Court
- High Court
Causes of action 2 to 12 were struck out as non-justiciable or legally untenable: courts cannot inquire into Select Committee processes or Parliamentary proceedings (statutory and constitutional bar); the Treaty of Waitangi does not of itself create enforceable legal rights absent legislative incorporation; challenges to the content of an Act of Parliament are not justiciable under the Declaratory Judgments Act. The single surviving cause (alleged ultra vires of the Order under s 74A Arms Act) was not struck out because review of legislative instruments, including repealed instruments, may be…