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Peters v Collinge - [1993] 2 NZLR 554


High Court Wellington
18, 19, 22 February 1993
Fisher J
Contract — Illegal contract — Unincorporated political party — Member offering for selection as parliamentary candidate — Requirement to sign agreement not to stand against selected candidate — Whether agreement amounted to contracting out of provisions of Electoral Act — Whether agreement lawful — Electoral Act 1956, s 80 - New Zealand Bill of Rights Act 1990, ss 3 and 12.
Administrative law — Judicial review — Unincorporated political party — Rules providing for approval by national executive of candidate for general election — Whether principles of natural justice applicable — Level of applicability of principles of natural justice — Allegation of bias by members of national executive — Test for determining bias — Whether interim injunction should be issued.
Constitutional law — Constitution — Parliamentary elections — Parliamentary privilege — Whether political party precluded from considering performance of member of Parliament when deciding whether or not member to be party's candidate in general election.

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