KEY POINTS:
The High Court at Wellington has agreed to urgently hear an application for a judicial review of the Electoral Finance Bill.
Justice Denis Clifford considered the application in chambers yesterday, plaintiff John Boscawen said. The High Court at Wellington would hear the application on November 27, said Mr Boscawen, a former Act Party treasurer funding the action.
The bill was designed to stop covert campaigns such as that waged at the last election by the Exclusive Brethren. It would cap third-party spending at $60,000.
Its wide definitions of third parties and advertising have been criticised by social agencies, churches, unions and business groups, which say it would limit their advocacy activities.
The legal action argued the proposed legislation would be in breach of the Bill of Rights Act. Mr Boscawen said he sought an urgent review, as Parliament's justice and electoral committee indicated it intended to report the legislation on January 25.
Parliament can pass the legislation once it is reported back by the committee.
Mr Boscawen feared the committee might report back earlier than January 25, and was trying to get evidence that was the case. He was trying to get a committee timetable for the bill's progress.
"If they indicate it's going to be reported back before the 25th of January, the judge has said come back to us and we may be able to give you a better date."
Act MP Rodney Hide, Garth McVicar from the Sensible Sentencing Trust and Greypower national president Graham Stairmand are co-plaintiffs.
"We are asking the judge to rule that the Attorney-General [Michael Cullen] made a mistake in not advising Parliament that the Electoral Finance Bill was in breach of the Bill of Rights Act," said Mr Boscawen.
The plaintiffs argue that the vote in the House for the bill when it was introduced may have gone differently had MPs known it was in breach of the Bill of Rights.
"We can't stop the bill being passed ... we are just seeking an opinion it breaches the Bill of Rights Act."
- NZPA
