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Burt v Governor-General - [1992] 3 NZLR 672

$30.00

Court of Appeal Wellington
18 May; 16 July 1992
Cooke P, Gault and McKay JJ
Administrative law — Judicial review — Whether the Governor-General's exercise of or refusal to exercise a purely prerogative power was protected from review because it was not the exercise of a statutory power — Observations as to desirability and utility of the continued existence of the Royal prerogative and Letters Patent Constituting the Office of Governor-General of New Zealand (SR 1983/225), cl XI — Crimes Act 1961, s 406 — Judicature Amendment Act 1972, ss 3 and 4(1) — Official Information Act 1982, s 23.
Criminal law — Practice and procedure — Murder conviction — Petition for full pardon made to Governor-General — Petition refused — Whether a refusal to exercise the Royal prerogative of mercy is reviewable in the Courts — Crimes Act 1961, s 406 — Judicature Amendment Act 1972, ss 3 and 4(1).
Administrative law — Judicial review — Practice and procedure — Convicted murderer sought a full pardon from the Governor-General — Governor-General declined to exercise a purely prerogative power — Whether applicant could bring a proceeding for judicial review under New Zealand Bill of Rights Act — New Zealand Bill of Rights Act 1990, s 27(2).

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