WELLINGTON INTERNATIONAL AIRPORT LIMITED V COMMERCE COMMISSION HC WN CIV-2011-485-1031

WELLINGTON INTERNATIONAL AIRPORT LIMITED V COMMERCE COMMISSION HC WN CIV-2011-485-1031

MEUG had a sufficient and direct interest in the lawfulness of the Commerce Commission's cross-sector process to justify limited joinder; accordingly the Court granted joinder on a restricted basis (service of documents, admission of specified affidavits, rights to make written reply, appear, and to make oral submissions with leave).

Citation
openlaw-349bb6ef_764d_4852_b3d5_a4d40fb84338.pdf
Parties
First Applicant: Wellington International Airport Limited; Second Applicant: Christchurch International Airport Limited; Respondent: Commerce Commission; Affected Party: Auckland International Airport Limited; Affected Party: Air New Zealand Limited; Interested Party (joinder Applicant): Major Electricity Users' Group Incorporated
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 August 2011
Procedural Posture
Judicial Review (process Challenges Under Part 4 of the Commerce Act 1986) / Interlocutory Application for Joinder Heard and Determined
Outcome
Application for joinder granted on a limited basis
Legal Topics
Joinder, Input Methodologies, Commerce Act Part 4, Procedural Participation, Record for Merits Appeals
Administrative Law Competition and Regulation Judicial Review Public Law Joinder Input Methodologies Commerce Act Part 4 Procedural Participation +1 more

Case Brief

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Parties

Wellington International Airport Limited

First Applicant

Christchurch International Airport Limited

Second Applicant

Commerce Commission

Respondent

Auckland International Airport Limited

Affected Party

Air New Zealand Limited

Affected Party

Major Electricity Users' Group Incorporated

Interested Party (joinder Applicant)

Procedural Posture

Judicial Review (process Challenges Under Part 4 of the Commerce Act 1986) / Interlocutory Application for Joinder Heard and Determined

Legal Issues

  1. 1 Whether MEUG has sufficient interest to be joined as an interested party in judicial review proceedings challenging the Commerce Commission's input methodology determinations
  2. 2 Whether the Commerce Commission lawfully applied a cross-sector consultation/process when determining IMs and whether parties affected by that process must be joined to litigate it
  3. 3 Appropriate scope and limits of joinder in judicial review proceedings

Ratio Decidendi

MEUG had a sufficient and direct interest in the lawfulness of the Commerce Commission's cross-sector process to justify limited joinder; accordingly the Court granted joinder on a restricted basis (service of documents, admission of specified affidavits, rights to make written reply, appear, and to make oral submissions with leave).

Court Disposition

Application for joinder granted on a limited basis

Orders

  • MEUG shall be served with all Court documents filed in these proceedings
  • MEUG may file the affidavits of Mr R Matthes filed in support of its interlocutory application as evidence in these proceedings