News

The Timaru, Whangarei and Waimakariri District Councils unsuccessfully challenged the Government’s Three Waters reforms. They sought declarations recognising important common law principles related to democratic local governance and property rights.

The Court of Appeal reversed a High Court decision which found the Police Commissioner's determination that a 501 deportee was a returning prisoner was unlawful. This judgment affirmed Parliament’s intention for the Returning Offenders (Management and Information) Act 2015 to apply retrospectively.

Applications close 7 July 2023

A declaration of inconsistency is one of several tools in a judge’s arsenal to protect against oppressive or arbitrary use of power in New Zealand.

In their transition from paper to electronic record keeping, the Council archived a land use consent which would have allowed Malcolm Daisley to lawfully operate quarrying activities on his land. The Council incorrectly overlooked this consent, and a lengthy legal dispute began between Daisley and the Council.

Applications close 12 May 2023

The Bill, introduced in late March, contains Henry VIII clauses that delegate the power to amend, override, or provide exemptions from primary legislation. This power to make up law on the spot comes with very significant risks.

Students for Climate Solutions (SCS) Inc unsuccessfully judicially reviewed decisions made to grant petroleum exploration permits under s25 of the Crown Minerals Act 1991 (CMA).

All Aboard Aotearoa Inc (AAA) unsuccessfully sought to judicially review decisions made by the Regional Transport Committee (RTC), Auckland Council’s Planning Committee and the Auckland Transport (AT) board in relation to the Auckland Regional Land Transport Plan (RLTP) 2021.