Peters v Collinge

993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...

2 NZLR 554 is a case regarding illegal contracts at common law, involving the unenforceability of contracts interfering with the democratic process.

Background

Winston Peters Winston Raymond Peters (born 11 April 1945) is a New Zealand politician serving as the leader of New Zealand First since its foundation in 1993. Peters served as the 13th deputy prime minister of New Zealand from 1996 to 1998 and 2017 to 2020 ...

was a maverick National Party MP in 1992, and the Party was going through the process of expelling him. Peters was MP for Tauranga, comfortably held the seat, and it was anticipated that he would retain it no matter which party he stood for. In the run up to the 1993 general election, in order to retain Tauranga, the party required Peters to sign a form agreeing to not stand in any electorate for any political party other than the National Party. This was somewhat problematic for Peters, as he would soon start the new political party New Zealand First. Peters subsequently filed in court an

interim injunction The term interim order refers to an order issued by a court during the pendency of the litigation. It is generally issued by the Court to ensure Status quo. The rationale for such orders to be issued by the Courts is best explained by the Latin leg ...

to have this declared invalid.

John Collinge John Gregory Collinge (born 10 May 1939) is a former New Zealand lawyer, politician and diplomat. His former roles include president of the New Zealand National Party and High Commissioner to the United Kingdom. Early life Collinge was born in th ...

was named as the defendant, as he was the president of the National Party.

Held

The High Court ruled that this term interfered with the democratic process, making it illegal under common law, thus was legally unenforceable.

References

{{Reflist High Court of New Zealand cases 1993 in New Zealand law New Zealand contract case law 1993 in case law New Zealand First 1993 New Zealand general election