The highest administrative court in France has issued a fresh ruling confirming that the territorial assembly in French Polynesia can't be dissolved.
The former president Oscar Temaru had appealed against a decision by the French overseas minister, Brigitte Girardin, who refused to dissolve the assembly.
The court ruled that Ms Girardin was legally justified in refusing the dissolution because the institutions of government were working normally in October when Mr Temaru made his request.
The Conseil d'Etat said the French Polynesian government at that time was the target of censure motions and no longer had the power to deal with a dissolution.
Oscar Temaru was ousted by Gaston Flosse in a censure motion in October.
Mr Flosse succeeded in an appeal to the Conseil d'Etat to cancel the result of last year's election in the territory's largest constituency.
This forced next week's by-election for 37 of the assembly's 57 seats.