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**Belschaft** · 01-05-2022, 03:43 PM

Jay has identified most of the key issues in this post here. Nothing in the Charter either grants or denies the MoC the power to create polls, though it does grant that power to the Local Council. The Regional Officers Act however requires that "Cabinet ministers will be allotted up to three Regional Officer positions and granted Appearance, Communications, and Polls powers." Assuming that they decide that the MoC will be one of those three RO's then they that power.

That's my general view of this and the basis on which I plan to write the opinion. What are your thoughts?

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***Kris Kringle*** · 01-05-2022, 03:51 PM

I agree. I think the key principle here is, as you suggest, the fact that it would be an absurdity to have a provision that allows officials to be granted Polls powers if there isn't an intent for them to have the authority to use such powers. If the Minister of Culture (or any other individual for that matter) has been lawfully granted Polls powers then it follows that they have the authority to use them for lawful purposes.

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(This post was last modified: 01-05-2022, 03:51 PM by Kris Kringle.)

**Belschaft** · 01-10-2022, 04:16 PM

HIGH COURT OF THE SOUTH PACIFIC
[2108.HQ] LEGALITY OF THE MINISTER OF CULTURE MAKING POLLS
SUBMISSION 31 DEC 2021 | JUSTICIABILITY 01 JAN 2022 | OPINION XX JAN 2022

QUESTION
Does the Charter permit the Minister of Culture to create polls on the gameside?

SUMMARY OF THE OPINION
It is the opinion of the Court that it is lawful for those Cabinet ministers allotted Regional Officer positions to create polls.

JUSTICE BELSCHAFT DELIVERED THE OPINION, SIGNED ALSO BY CHIEF JUSTICE KRIS KRINGLE.

In regards to the question asked by the petitioner the relevant law is not the Charter, which neither grants or denies members of the Cabinet the authority to create polls for the in-game region. It is the Regional Officers Act¹ that regulates which Officials of the Coalition may exercise powers over the in-game region, with Article Two, Clause Three specifying that in addition to the Prime Minister the Cabinet "will be allotted up to three Regional Officer positions and granted Appearance, Communications, and Polls powers."

It is a simple matter of logic that it is lawful for an Official to exercise any particular power that they are granted; for it to be unlawful to do so would be an absurdity, though specific regulations may limit how and when such powers can be used. In regards to this matter the High Court is unaware of any regulations limiting the use of the power to create polls.

As such we can conclude that it is lawful for those Cabinet ministers allotted Regional Officer positions to create polls.

It is so ordered.

FOOTNOTES AND REFERENCES

[1] Regional Officers Act

2108.HQ.O | Issued XX Jan 2022

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(This post was last modified: 01-10-2022, 08:41 PM by Belschaft.)

***Kris Kringle*** · 01-11-2022, 08:44 PM

I broadly agree. I just have a few very specific comments on some of the details:

(01-10-2022, 04:16 PM)Belschaft Wrote: Article Two, Clause Three

For the sake of adhering to the terminology from the Law Standards Act, I'd suggest using "Section" instead of "Clause".

--

I wonder if it'd be worth bringing up Article 3, Section 1 of the ROA, which says that the Cabinet "may grant Communications, Appearance, and Polls powers to regional members as they see fit", to reinforce the point that RO powers are granted when there is a need for their use.

--

(01-10-2022, 04:16 PM)Belschaft Wrote: As such we can conclude that it is lawful for those Cabinet ministers allotted Regional Officer positions to create polls.

Perhaps it'd be worth clarifying here that we're talking about Polls powers, rather than all RO positions. It's obvious to an extent, but we might as well use the specific terms.

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**Belschaft** · 01-12-2022, 07:29 AM

I’ll amend accordingly later today.

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**Belschaft** · 01-12-2022, 01:42 PM

Amended draft below. Didn't mention Article 3, Section 1 of the ROA as it's not relevant to the question of a Cabinet member creating polls, but I've expanded the scope of the ruling to make clear that it is lawful for any Regional Officer to exercise a power they have been properly granted.

HIGH COURT OF THE SOUTH PACIFIC
[2108.HQ] LEGALITY OF THE MINISTER OF CULTURE MAKING POLLS
SUBMISSION 31 DEC 2021 | JUSTICIABILITY 01 JAN 2022 | OPINION XX JAN 2022

QUESTION
Does the Charter permit the Minister of Culture to create polls on the gameside?

SUMMARY OF THE OPINION
It is the opinion of the Court that it is it is generally lawful for those Officials allotted Regional Officer powers to exercise them, within the confines of any relevant restrictions properly established.

JUSTICE BELSCHAFT DELIVERED THE OPINION, SIGNED ALSO BY CHIEF JUSTICE KRIS KRINGLE.

In regards to the question asked by the petitioner the relevant law is not the Charter, which neither grants or denies members of the Cabinet the authority to create polls for the in-game region. It is the Regional Officers Act¹ that regulates which Officials of the Coalition may exercise powers over the in-game region and the limitations which may be placed upon the use of said powers. In regards to the Cabinet, Article Two, Section Three of the Regional Officers Act specifies that in addition to the Prime Minister the Cabinet "will be allotted up to three Regional Officer positions and granted Appearance, Communications, and Polls powers."

It is a simple matter of logic that it is lawful for an Official to exercise any particular power that they are granted; it would be absurd for it to be unlawful for them do so, as the act of granting a power contains an inherent authorisation for it's use. The Regional Officers Act makes clear that limitations, additional applicable laws and rules may restrict the use of such powers to particular circumstances and/or purposes, but the High Court is unaware of any such restrictions relating to the use of the power to create polls.

As such we can conclude that it is generally lawful for those Officials allotted Regional Officer powers to exercise them, within the confines of any relevant restrictions properly established.

It is so ordered.

FOOTNOTES AND REFERENCES

[1] Regional Officers Act

2108.HQ.O | Issued XX Jan 2022

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(This post was last modified: 01-12-2022, 01:43 PM by Belschaft.)

***Kris Kringle*** · 01-12-2022, 01:46 PM

I’m comfortable with this.

Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System