PELAEZ-GARCIA v DISTRICT COURT AT CHRISTCHURCH [2021] NZHC 3401
An interim stay was necessary and appropriate; the Court granted a stay of the District Court's media publication decision until 2.15 pm on 16 December 2021, ordered service on the Crown and TVNZ forthwith, and listed the substantive hearing for that time, with reasons to be provided subsequently.
Source-derived case information.
- Citation
- [2021] NZHC 3401
- Parties
- Applicant: Anderson Pelaez-Garcia; Respondent: District Court at Christchurch
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 December 2021
- Procedural Posture
- Judicial Review / Interim Application (stay)
- Outcome
- Interim stay granted
- Legal Topics
- Publication of Images, Interim Stay, Service of Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anderson Pelaez-Garcia
Applicant
District Court at Christchurch
Respondent
Procedural Posture
Judicial Review / Interim Application (stay)
Legal Issues
- 1 Whether an interim stay of the District Court's decision permitting media publication should be granted pending judicial review
- 2 Whether the applicant must effect service of the proceedings on affected parties prior to the substantive hearing
- 3 Appropriate listing and timetable given urgency
Ratio Decidendi
An interim stay was necessary and appropriate; the Court granted a stay of the District Court's media publication decision until 2.15 pm on 16 December 2021, ordered service on the Crown and TVNZ forthwith, and listed the substantive hearing for that time, with reasons to be provided subsequently.
Court Disposition
Interim stay granted
Orders
- Interim order staying the District Court decision permitting publication until 2.15 pm on Wednesday 16 December 2021
- Applicant to serve the Crown and TVNZ with the proceedings forthwith
Full Case Text
Judgment text and source record
1 paragraphs
PELAEZ-GARCIA v DISTRICT COURT AT CHRISTCHURCH [2021] NZHC 3401 [10 December 2021]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2021-409-000561[2021] NZHC 3401UNDER the Judicial Review Procedure Act 2016IN THE MATTER of an application for judicial review of a decision of the District Court in relation to an in-court media applicationBETWEEN ANDERSON PELAEZ-GARCIAApplicantAND DISTRICT COURT AT CHRISTCHURCHRespondentHearing: 10 December 2021Counsel: E Huda for Mr Pelaez-GarciaJudgment: 10 December 2021JUDGMENT OF DOOGUE J [Outcome Only][1] Application has been made for judicial review of a District Court decision granting a media application by TVNZ enabling them to publish images of the applicant from 4.00 pm today.[2] At 3.40 pm Mr Huda attended in Chambers and made an oral application for an interim order staying the District Court decision made on 1 December 2021 until 2.15 pm on Wednesday 16 December. That application is granted.[3] The applicant shall serve the Crown and TVNZ with the proceedings forthwith.[4] The matter shall be listed for hearing at 2.15 pm on Wednesday 16 December 2021.[5] Due to the urgency of the application and the limited time in which to consider the matter it has only been possible to record the outcome of the interim application. A reasons judgment shall follow.Doogue JSolicitors:Patients & WilliamsCrown Solicitor's Office, ChristchurchCC:E Huda, Christchurch