The New Conservative Party will appear in the High Court in Auckland tomorrow to challenge TVNZ's decision to exclude it from its multi-party debate.
Yesterday, party leader Leighton Baker said his exclusion was unfair and incompatible with maintaining a healthy democracy.
To be included in the debate, parties not in Parliament must score at least 3 percent in a 1 News Colmar-Brunton Poll in the last six months.
But in the latest poll, the New Conservatives were at 1 percent.
Parties not in Parliament can also participate if they have been represented, or their leader has been an MP, in one or both of the last two Parliaments.