THE NEW ZEALAND ANIMAL LAW ASSOCIATION v THE ATTORNEY-GENERAL [2021] NZHC 2945 [2 November 2021]

THE NEW ZEALAND ANIMAL LAW ASSOCIATION v THE ATTORNEY-GENERAL [2021] NZHC 2945 [2 November 2021]

Application to adjourn/stay the judicial review proceedings until a new Code is drafted or approved was declined; applicants are entitled to pursue their challenges to the existing 2018 Code because potential mootness or future statutory decisions do not negate the present legality issues, and the Court will manage the proceedings by case management directions.

Citation
[2021] NZHC 2945
Parties
First Applicant: THE NEW ZEALAND ANIMAL LAW ASSOCIATION; Second Applicant: SAVE ANIMALS FROM EXPLOITATION; First Respondent: THE ATTORNEY-GENERAL; Second Respondent: THE NATIONAL ANIMAL WELFARE ADVISORY COMMITTEE; Third Respondent: THE NEW ZEALAND RODEO COWBOY ASSOCIATION INCORPORATED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 November 2021
Procedural Posture
Judicial Review / Application for Stay/adjournment and Case Management Directions
Outcome
Application to adjourn/stay dismissed; New Zealand Rodeo Cowboys Association Inc joined as third respondent; applicants awarded costs on a 2B basis; case management conference directed
Legal Topics
Code of Welfare, Rodeos, Ultra Vires, Procedural Compliance, Stay/adjournment, Mootness
Animal Welfare Law Administrative Law Judicial Review Statutory Interpretation Code of Welfare Rodeos Ultra Vires Procedural Compliance +2 more

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Parties

THE NEW ZEALAND ANIMAL LAW ASSOCIATION

First Applicant

SAVE ANIMALS FROM EXPLOITATION

Second Applicant

THE ATTORNEY-GENERAL

First Respondent

THE NATIONAL ANIMAL WELFARE ADVISORY COMMITTEE

Second Respondent

THE NEW ZEALAND RODEO COWBOY ASSOCIATION INCORPORATED

Third Respondent

Procedural Posture

Judicial Review / Application for Stay/adjournment and Case Management Directions

Legal Issues

  1. 1 Whether the reissue of the 2018 Code of Welfare (Rodeos) complied with statutory procedures under the Animal Welfare Act 1999
  2. 2 Whether the 2018 Code is ultra vires or for an improper purpose because it permits unnecessary or unreasonable pain or distress to animals for entertainment
  3. 3 Whether the proceedings should be stayed or adjourned pending creation and approval of a new Code (mootness and efficiency)

Ratio Decidendi

Application to adjourn/stay the judicial review proceedings until a new Code is drafted or approved was declined; applicants are entitled to pursue their challenges to the existing 2018 Code because potential mootness or future statutory decisions do not negate the present legality issues, and the Court will manage the proceedings by case management directions.

Court Disposition

Application to adjourn/stay dismissed; New Zealand Rodeo Cowboys Association Inc joined as third respondent; applicants awarded costs on a 2B basis; case management conference directed

Orders

  • The New Zealand Rodeo Cowboys Association Inc is joined as third respondent
  • Application dated 23 September 2021 seeking adjournment/stay is declined