Fitzgerald v Muldoon and Others
| Fitzgerald v Muldoon and Others | |
|---|---|
 |
|
| Court | Wellington Supreme Court |
| Decided | 11 June 1976 |
| Citation(s) | [1976] 2 NZLR 615 |
| Court membership | |
| Judge(s) sitting | Wild CJ |
| Keywords | |
| Bill of Rights 1688, separation of powers, Parliamentary supremacy, Constitutional law | |
Fitzgerald v Muldoon and Others is one of New Zealand's leading constitutional law decisions. Heard in the Supreme Court in 1976, the decision considered whether press statements by the Prime Minister Robert Muldoon had breached section 1 of the Bill of Rights 1688, "That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of Parliament, is illegal".
The Third Labour Government had passed the New Zealand Superannuation Act 1974 requiring employees and employers to make matching compulsory contributions to a superannuation fund from 1 April 1975. This was to be administered by the Superannuation Board.
As David Williams noted, "The National Party, then in opposition, used all possible parliamentary devices to oppose this legislation and promised to repeal it immediately the Party gained office again. The general election campaign in 1975 had featured an acrimonious debate over the merits of the rival Labour and National superannuation policies." The National Party had suggested in its election campaign, and specifically in the Dancing Cossacks advertisement, that the superannuation scheme would have the effect of leading to Soviet-style communism.
A general election was held on 29 November 1975, at which the Labour Party was voted out of government and on 12 December 1975 the Third National Government was formed with Robert Muldoon sworn in as Prime Minister. On 15 December, the Prime Minister, who was also Minister of Finance, issued a press statement declaring,
On 23 December, Prime Minister Muldoon issued another press release,
Mr Muldoon said the government had already made it clear that the superannuation scheme finished on December 15 and the compulsory requirement for employee deductions and employer contributions ceased for pay periods ending after that date. Empowering legislation, with retrospective effect, would be introduced early in the 1976 Parliamentary session.
The plaintiff, Mr FitzGerald, had worked as a public servant since 3 June 1975 and he stated in his affidavit that he had since the beginning of his employment with the Crown, contributed at a rate of one percent of his earnings, amounting to $2.08 a fortnight. He further deposed that the Crown had been deducting this from his gross earnings and transferring this into the fund along with their contribute, until the pay period ending on 24 December 1975.
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