YAN & YOU v COMMISSIONER OF POLICE [2015] NZHC 141

YAN & YOU v COMMISSIONER OF POLICE [2015] NZHC 141

Section 93 of the CPRA applies to the present challenge because the applicants seek to prevent the Commissioner from conducting examinations authorised by the District Court and s93 permits the Commissioner to continue exercising investigatory powers despite interim proceedings; legislative history and statutory purpose show intention to avoid frustrating investigations, making interim relief futile where exercise of powers would continue; accordingly the interim application was dismissed and the Commissioner may proceed with the examination.

Citation
[2015] NZHC 141
Parties
First Applicant: William Yan; Second Applicant: Wei You; First Respondent: Commissioner of Police; Second Respondent: Hamilton District Court
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 February 2015
Procedural Posture
Judicial Review (administrative Law) Under Judicature Amendment Act 1972 and CPRA / Interim Application for Injunction Heard and Dismissed; Substantive Judicial Review Pending
Outcome
Application for interim orders dismissed
Legal Topics
Examination Orders, Statutory Interpretation, Interim Relief and Futility, Privative Style Statutory Protection, Self Incrimination and Admissibility
Criminal Proceeds Recovery Administrative Law Civil Procedure Constitutional/bill of Rights Issues Examination Orders Statutory Interpretation Interim Relief and Futility Privative Style Statutory Protection +1 more

Case Brief

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Parties

William Yan

First Applicant

Wei You

Second Applicant

Commissioner of Police

First Respondent

Hamilton District Court

Second Respondent

Procedural Posture

Judicial Review (administrative Law) Under Judicature Amendment Act 1972 and CPRA / Interim Application for Injunction Heard and Dismissed; Substantive Judicial Review Pending

Legal Issues

  1. 1 Whether s93 CPRA prevents grant of interim relief restraining examinations ordered under s106/s107
  2. 2 Whether applicants challenge was to the Commissioner’s exercise of power or merely to the District Court order
  3. 3 Whether orders extend unlawfully to overseas assets and post-restraint dealings (ultra vires challenge)

Ratio Decidendi

Section 93 of the CPRA applies to the present challenge because the applicants seek to prevent the Commissioner from conducting examinations authorised by the District Court and s93 permits the Commissioner to continue exercising investigatory powers despite interim proceedings; legislative history and statutory purpose show intention to avoid frustrating investigations, making interim relief futile where exercise of powers would continue; accordingly the interim application was dismissed and the Commissioner may proceed with the examination.

Court Disposition

Application for interim orders dismissed

Orders

  • Interim application dismissed
  • Commissioner of Police entitled to 2B costs