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Electoral Commission v Cameron - [1997] 2 NZLR 421

$30.00

Court of Appeal Wellington
10, 11, 12 March; 16 April 1997
Richardson P, Gault, Thomas, Keith and Blanchard JJ
Judicial review — Jurisdiction — Advertising Standards Board — Whether board amenable to judicial review — Whether board exercised public power — Whether statutory power extended to formulation of regulations and decisions based on them so as to affect rights, powers and privileges of public authority — Whether flexible approach appropriate — Broadcasting Act 1989, s 8 — Electoral Act 1993, ss 5, 6 and 7 — Judicature Amendment Act 1972, s 4.
Judicial review — Jurisdiction — Jurisdiction of Advertising Standards Board — Whether board exercised jurisdiction in accordance with own jurisdictional boundaries — Whether appropriate to have regard to encroachment on statutory powers and functions conferred on public authority — Whether lower standard of reasonableness applicable.
Elections and polls — Electoral Commission — Public awareness campaign as to new electoral system — Exercise of statutory powers and functions in relation to public awareness of electoral system — Status, judicial character and independence of Electoral Commission — Whether susceptible to regulation by unincorporated private organisation — Whether advertising by Electoral Commission fell within the jurisdiction of code established by private organisation — Electoral Act 1993, ss 4(2), 5(d), 6(2)(b) and 7.

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