United Future leader Peter Dunne and Progressive leader Jim Anderton are taking TV3 to court over its refusal to allow them on tomorrow night's leaders debate.
The two MPs are seeking a High Court hearing in Wellington this afternoon.
They will argue that even though TV3 is a private company, it has a public role in promoting election debates and is therefore obliged to act in a fair and reasonable manner.
TV3 decided that tomorrow's debate would only include six leaders.
The cut-off was the top six parties in TV3's last poll.
United Future missed out, as it was 0.2 per cent behind Act.
Mr Dunne and Mr Anderton argue that they are almost certain to return to Parliament because they are highly likely to win their electorate seats and potentially bring other MPs with them.
Act does not have a safe electorate seat and polls suggest it is currently below the 5 per cent threshold required to return to Parliament.
TV3 news chief Mark Jennings was not immediately available for comment.
Mr Jennings has previously said there was no way to tell if Mr Dunne or Mr Anderton would win their seats. He said fitting the six leaders into the one-hour debate was already tight and any more would impact on the quality of debate.
The debate will be hosted by John Campbell at 7.30pm on Thursday following Campbell Live. There is only one other TV3 leaders' debate and that will be between Helen Clark and Don Brash.
On Monday Prime Minister Helen Clark criticised TV3's decision.
she said then: "I think it's the wrong decision for this reason -- few would expect Peter Dunne not to hold his seat just as Jim Anderton would be expected to hold his seat.
"So clearly they are players in the next parliament whereas all current evidence would suggest that Act would not be a player in the next parliament."
- NZPA
TV3 taken to court over election debate
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