The Opportunities Party says it's taking TVNZ to court for excluding it from televised pre-election debates.
A spokesman for the party has confirmed TOP has lodged papers at the High Court at Auckland for a judicial review of the channel's decision to not allow it to take part in Friday'sminor party leaders debate.
The party was also asking interim orders and the case was set down for court on Thursday morning, he said.
TVNZ is meanwhile defending its criteria to only allow parties either currently in parliament or polling over 3 per cent to take part.
TVNZ host Mike Hosking has defended the decision to exclude TOP, saying it was decided a party would have to be in Parliament, or be at 3 per cent in the Colmar Brunton poll, to be included.
"But the simple premise is beyond the rules, if we go round bending rules, every man and his dog from every wacky party going is going to want to part of the action and the whole things becomes a farce," Hosking said today.
Court challenges seeking inclusion in TV debates is not a new tactic - Jim Anderton and Peter Dunne took TV3 to court in 2005, while then Conservative leader Colin Craig took legal action in 2014.