KEY POINTS:
Act, Greypower and the Sensible Sentencing Trust are joining forces in an attempt to get a judge to say the Electoral Finance Bill breaches the Bill of Rights Act.
Former Act Party treasurer John Boscawen said the High Court at Wellington had agreed to hear an urgent application for a judicial review over how the bill was introduced into Parliament.
"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," Mr Boscawen said.
The plaintiffs would argue that the vote in the House for the bill when it was introduced might have gone differently if MPs had known it was in breach of the Bill of Rights.
Dr Cullen had based his decision on the opinion of the Crown Law Office, but this had since been contradicted by the Law Society and the Human Rights Commission, he said.
"Our advice is that the legal opinion of the Crown Law Office can be challenged in court. We are asking the judge to look at the legal opinion, rule it was incorrect and the Attorney-General should have advised Parliament it was in breach."
Mr Boscawen said he was aware that judges were reluctant to interfere with the proceedings of Parliament, but believed the Crown Law Office opinion could be challenged.
His main gripe with the bill was that it proposed restricted freedom of speech for the entire election year.
"We can't stop the bill being passed ... We are just seeking an opinion it breaches the Bill of Rights Act."
A hearing has been set down for Monday.
- NZPA
