CHRISTIAN CONGREGATION OF JEHOVAH’S WITNESSES (AUSTRALASIA) LTD v ROYAL COMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OF FAITH-BASED INSTITUTIONS & ANOR [2023] NZHC 2985
The court dismissed the application because none of the asserted causes of action succeeded; the applicant failed to establish reviewable error, jurisdictional defect or breach of procedural fairness sufficient to warrant relief.
Source-derived case information.
- Citation
- [2023] NZHC 2985
- Parties
- Applicant: Christian Congregation of Jehovah's Witnesses (Australasia) Limited; First Respondent: Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions; Second Respondent: Attorney-General
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 October 2023
- Procedural Posture
- Judicial Review / Results Judgment
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Judicial Review Grounds, Procedural Fairness, Statutory Powers of Public Inquiries, Remedies and Dismissal
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Christian Congregation of Jehovah's Witnesses (Australasia) Limited
Applicant
Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions
First Respondent
Attorney-General
Second Respondent
Procedural Posture
Judicial Review / Results Judgment
Legal Issues
- 1 Whether the Royal Commission acted beyond or in breach of its statutory powers
- 2 Whether the Commission committed jurisdictional error
- 3 Whether procedural fairness was breached by the Commission
Ratio Decidendi
The court dismissed the application because none of the asserted causes of action succeeded; the applicant failed to establish reviewable error, jurisdictional defect or breach of procedural fairness sufficient to warrant relief.
Court Disposition
Application for judicial review dismissed
Orders
- Application for judicial review dismissed
Full Case Text
Judgment text and source record
1 paragraphs
CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES (AUSTRALASIA) LTD v ROYALCOMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OFFAITH-BASED INSTITUTIONS & ANOR [2023] NZHC 2985 [25 October 2023]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2023-404-525[2023] NZHC 2985UNDER the Judicial Review Procedure Act 2016BETWEEN CHRISTIAN CONGREGATION OFJEHOVAH'S WITNESSES(AUSTRALASIA) LIMITEDApplicantAND ROYAL COMMISSION OF INQUIRYINTO HISTORICAL ABUSE IN STATECARE AND IN THE CARE OF FAITH-BASED INSTITUTIONSFirst RespondentAND ATTORNEY-GENERALSecond RespondentHearing: 9 – 11 October 2023Counsel: P T Rishworth KC, S P Jerebine and B R Prewett for ApplicantS J M Mount KC, R F Harvey-Lane and T M F Powell for FirstRespondentA S Butler KC, J E L Carruthers and J N E Varuhas for SecondRespondentJudgment: 25 October 2023RESULTS JUDGMENT OF ELLIS J[1] I am acutely aware that I have now missed my latest self-imposed deadline fordelivering a judgment in this matter.[2] Regrettably I am now (and will be for the next two and a half weeks) presidingover a multi-defendant criminal trial in Hamilton, which is proving to be distracting.[3] So although my judgment is well-advanced and has been prepared in draft, mypresent circumstances mean that I have, as yet, been unable to finalise it.[4] I have, however, been able to reach a firm view as to the outcome. So I amissuing this results judgment now, in order that the Royal Commission (in particular)can order its affairs.[5] The result is that none of the causes of action have succeeded: the applicationfor judicial review is dismissed.[6] At the risk of setting myself yet another deadline that I am then unable to meet,I will use my best endeavours to deliver my reasons by the close of play on Monday,30 October 2023.Rebecca Ellis J