Kiwi Party Incorporated v Attorney-General

Kiwi Party Incorporated sought a judicial review of a decision by the Attorney-General. The subject of the dispute was the constitutionality of the Arms Amendment Act 2019. The High Court of Australia heard the case. The Kiwi Party sought to question the validity of the Amendment Act by questioning the motives and intentions of the Select Committee. The court had to decide whether the Kiwi Party's actions were in breach of section 11 of the Parliamentary Privilege Act.

The Kiwi Party argued that the Amendment Act was inconsistent with the Treaty of Waitangi, and the court should declare the Amendment Act invalid. The court held that the Treaty of Waitangi does not create legal rights that can be breached. The Treaty of Waitangi has to be incorporated into legislation to establish an actionable right. The Kiwi Party's claim that the Treaty of Waitangi created a right to own and possess firearms and firearms parts was dismissed. The court found that the Kiwi Party's causes of action were invalid because they sought to question the proceedings of the Select Committee and the motives and intentions of the members of the Select Committee.

The High Court found that the Kiwi Party's claims were invalid and dismissed the case. The Kiwi Party appealed the decision to the High Court of Australia, which dismissed the appeal.