Awatere Huata v Prebble - [2004] 3 NZLR 359

Administrative law — Judicial review — Decision by parliamentary caucus and actions by party leader to declare seat in House vacant — Amenability to judicial review — Whether reviewable for unreasonableness — Whether caucus predetermined issue — Evidence of caucus proceedings — Electoral Act 1993, ss 55A, 55C and 55D.

Administrative law — Natural justice — Decision by caucus whether member of House had acted to distort proportionality — Whether caucus predetermined issue — Requirements of natural justice — Evidence of caucus proceedings — Electoral Act 1993, ss 55A, 55C and 55D.

Constitutional law — Parliament — Parliamentary privilege — Vacancy in seat — Procedures for declaring seat vacant — Whether member’s actions distorted proportionality of House — Whether decision of caucus amenable to judicial review — Whether proceedings in caucus and communication with Speaker covered by parliamentary privilege — Whether caucus predetermined issue — Evidence of caucus proceedings — Electoral Act 1993, ss 55A, 55C and 55D.

Courts — Jurisdiction — Proceedings in Parliament — Scope of parliamentary privilege — Role of Court in determining whether privilege applies — Effect of statute on parliamentary privilege — Electoral Act 1993, ss 55A, 55C and 55D.

Elections and polls — Parliamentary elections — Whether proportionality of election result distorted by actions of member — Whether decision to declare seat vacant ultra vires — Electoral Act 1993, s 55A.

Judicial review — Natural justice — Decision by caucus whether member of House had acted to distort proportionality — Whether caucus predetermined issue — Requirements of natural justice — Evidence of caucus proceedings — Electoral Act 1993, ss 55A, 55C and 55D.