Awatere Huata v Prebble - [2005] 1 NZLR 289

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 — 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 lapse of party membership sufficient for MP to cease to be member of caucus — Whether cessation of membership of caucus sufficient to distort proportionality — Whether decision of caucus amenable to judicial review — Electoral Act 1993, ss 55A, 55C and 55D.

Courts — Jurisdiction — Proceedings in Parliament — Electoral Act 1993, ss 55A, 55C and 55D.

Elections and polls — Parliamentary elections — Whether proportionality of election result distorted by actions of member — Whether lapse of party membership sufficient for MP to cease to be member of caucus — Whether cessation of membership of caucus sufficient to distort proportionality — Whether decision to declare seat vacant ultra vires — Electoral Act 1993, s 55A.