Gareth Morgan goes to the High Court today, trying to talk his away into the minor parties leaders' debate.
The Opportunities Party leader wants in on tomorrow night's event.
TVNZ requires that to make it, a leader's party must be in Parliament or be on at least three percent support in the polls.
TOP fits neither category.
Political commentator Vernon Tava said the public interest in hearing from minor parties needs to be balanced with TVNZ's editorial rights.
"They have all sorts of logistical and editorial considerations, and in my view their rules aren't particularly arbitrary or unreasonable either."
Tava says in a short period of time, the two major parties have started dominating in the polls and in the media attention.
"So now more than ever, one or two debates may well make a very significant difference - particularly for a minor party that's struggling to make a dent in the polls."
Yesterday, Mr Morgan said if democracy is to work, "you have to allow the incumbents to be challenged."