FIELDING v NEW ZEALAND POLICE [2019] NZHC 3333
Because the applicant's statement of claim failed to particularise the relevant decision‑makers, the precise decisions sought to be reviewed and the jurisdictional basis for review, the Court directed the applicant to file an amended statement of claim, supporting affidavit and memorandum as to jurisdiction by a...
Source-derived case information.
- Citation
- [2019] NZHC 3333
- Parties
- Applicant: Alisohn Joan Fielding; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 December 2019
- Procedural Posture
- Judicial Review / Directions Hearing / Case Management
- Outcome
- Directions issued requiring amended pleadings and timetable; matter to be relisted for further consideration; judicial conflict disclosed.
- Legal Topics
- Search Warrant and Seizure, Wilful Trespass Charge, Charge Warning, Independent Police Conduct Authority (ipca) Review, Pleadings Particularity, Judicial Recusal
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Summary, issues, holding and outcome
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Parties
Alisohn Joan Fielding
Applicant
New Zealand Police
Respondent
Procedural Posture
Judicial Review / Directions Hearing / Case Management
Legal Issues
- 1 Whether the statement of claim specified the relevant decision‑makers with appropriate particularity
- 2 Whether the precise decisions sought to be judicially reviewed were adequately pleaded
- 3 Whether the applicant has identified the jurisdictional basis for judicial review in respect of each decision
Ratio Decidendi
Because the applicant's statement of claim failed to particularise the relevant decision‑makers, the precise decisions sought to be reviewed and the jurisdictional basis for review, the Court directed the applicant to file an amended statement of claim, supporting affidavit and memorandum as to jurisdiction by a fixed date and gave the respondent a limited period to file a defence; the judge also disclosed a conflict concerning IPCA matters.
Court Disposition
Directions issued requiring amended pleadings and timetable; matter to be relisted for further consideration; judicial conflict disclosed.
Orders
- Applicant to file an amended statement of claim, affidavit in support and a supplementary memorandum specifying the jurisdiction for judicial review in respect of each decision by 17 January 2020.
- Respondent to file and serve any statement of defence within 25 days after service of the amended statement of claim.
Full Case Text
Judgment text and source record
1 paragraphs
FIELDING v NEW ZEALAND POLICE [2019] NZHC 3333 [16 December 2019]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2019-485-000611[2019] NZHC 3333BETWEEN ALISOHN JOAN FIELDINGApplicantAND NEW ZEALAND POLICERespondentTeleconference: 16 December 2019Appearances: A J Fielding in personV McCall for the RespondentJudgment: 16 December 2019JUDGMENT OF DOOGUE J[1] The applicant has filed a notice of proceeding for judicial review, along with astatement of claim. The pleadings in their current state do not with appropriateparticularity, specify:(a) the relevant decision makers; nor(b) the precise decisions that the applicant seeks to review.[2] In a telephone conference today, it became apparent the applicant seeks toreview decisions taken by various police officers:(a) to issue her with a charge warning;(b) charge her with wilful trespass;(c) apply for a search warrant in respect of her home and seize somedevices;and by(d) the Independent Police Conduct Authority (IPCA) to decline to upholdher various complaints against the police.[3] The applicant is to file an amended statement of claim and affidavit in supportparticularising the information identified in [1] and [2] above.[4] She is also to ascertain and advise the Court by supplementary memorandumthe jurisdiction she relies on for judicial review in each case.[5] The amended statement of claim, affidavit in support and memorandum as tojurisdiction shall be filed no later than Friday 17 January 2020.[6] The respondent shall have 25 days thereafter to file and serve any statement ofdefence.[7] The matter is then to be listed for further consideration in a Judge's ChambersList.[8] I disclose that I have a conflict of interest in proceedings involving the IPCAand I should not be rostered to any such proceedings.Doogue JSolicitors:Crown Law Office, Wellington