Fitzgerald v Muldoon: 1976

A Labour government introduced a contributory superannuation scheme. Statute made contribution by employer and employee compulsory. The leader of the National opposition, Muldoon, promised to abolish the scheme immediately on becoming government. National won a landslide victory in November 1975. But the Prime Minister, Muldoon, had no desire to reconvene Parliament until June. Two weeks later he issued a press statement. It said that the compulsory requirement to contribute ‘will cease as from today’.2 The junior public servant, Fitzgerald, issued proceedings challenging the Prime Ministerial statement.


[1976] 2 NZLR 5615


New Zealand

Cited by:

CitedMiller and Dos Santos v The Secretary of State for Exiting the European Union and Others QBD 13-Nov-2016
Article 50 Notice Requires Parliament’s Authority
The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act.
Held: Once the . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 May 2022; Ref: scu.570777