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Fitzgerald v Muldoon
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Fitzgerald v Muldoon
Fitzgerald v Muldoon and Others is a 1976 New Zealand Supreme Court case concerning whether press statements by Robert Muldoon had breached section 1 of the Bill of Rights 1688. In its decision, the court ruled "That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of Parliament, is illegal". The case has since become one of New Zealand's most important constitutional law decisions.
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,
The Prime Minister, Hon R D Muldoon, today issued a statement on the future of the New Zealand Superannuation scheme. This was to give effect to National's election policy to abolish the scheme and refund all contributions to employees.
Mr Muldoon said that early in the next Parliamentary session legislation would be introduced to carry out the government's election promises relating to the New Zealand Superannuation Scheme. In particular the compulsory element in the law would be removed with retrospective effect.
The compulsory requirement for employee deductions to the New Zealand scheme will cease for pay periods ending after this date. Mr Muldoon said that he recognised that because of arrangements made for payment of wages and salaries in advance through computer systems or by other means, deductions would in some cases continue for limited periods. All deductions and contributions, including any which may be made from now until 31 March 1976, will be returned to employees through the income tax refund system or could be transferred to another scheme.
Similarly the compulsory requirement for employer contributions will cease as from today in respect of salaries or wages paid from now on.
— Robert Muldoon, Press statement on 15 December 1975
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Fitzgerald v Muldoon
Fitzgerald v Muldoon and Others is a 1976 New Zealand Supreme Court case concerning whether press statements by Robert Muldoon had breached section 1 of the Bill of Rights 1688. In its decision, the court ruled "That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of Parliament, is illegal". The case has since become one of New Zealand's most important constitutional law decisions.
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,
The Prime Minister, Hon R D Muldoon, today issued a statement on the future of the New Zealand Superannuation scheme. This was to give effect to National's election policy to abolish the scheme and refund all contributions to employees.
Mr Muldoon said that early in the next Parliamentary session legislation would be introduced to carry out the government's election promises relating to the New Zealand Superannuation Scheme. In particular the compulsory element in the law would be removed with retrospective effect.
The compulsory requirement for employee deductions to the New Zealand scheme will cease for pay periods ending after this date. Mr Muldoon said that he recognised that because of arrangements made for payment of wages and salaries in advance through computer systems or by other means, deductions would in some cases continue for limited periods. All deductions and contributions, including any which may be made from now until 31 March 1976, will be returned to employees through the income tax refund system or could be transferred to another scheme.
Similarly the compulsory requirement for employer contributions will cease as from today in respect of salaries or wages paid from now on.
— Robert Muldoon, Press statement on 15 December 1975
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