Burt v Governor-General - [1989] 3 NZLR 64

Administrative law — Judicial review — Prerogative of mercy — Plaintiff unsuccessfully petitioned the Governor-General for exercise of the prerogative of mercy following his conviction for murder — Plaintiff then sought judicial review of decision of Governor-General and Attorney-General's preliminary advice — Attorney-General applied for an order dismissing the application for review — Whether the exercise of the prerogative of mercy was the exercise of a statutory power — Whether the prerogative of mercy was subject to Court review — Whether the application for review should be dismissed — Crimes Act 1961, s 406 — Judicature Amendment Act 1972, s 4 — High Court Rules, R 477.