Supreme Court

The Law Society has joined in the chorus of condemnation of Trevor Mallard for his attack on the Supreme Court, describing his comments as “not only outrageous but wrong”.

Scoop has a copy in html of the full decision of the Supreme Court in Prebble vs Huata. For my 2c worth it is a very good well reasoned decision where they demolish the Court of Appeal’s decision that proportionality relates only to voting in the House.

Chief Justice Elias points out “As the heading to s55A and the terms of s55A(2) make clear, the occasion for vacancy in a seat arises when a member who is not an independent member of Parliament ‘ceases to be a parliamentary member of the political party for which the member of Parliament was elected’.”

Nice to see a sensible start from our highest court.

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