NGĀTI MUTUNGA O WHAREKAURI ASSET HOLDING COMPANY LIMITED v TWA HOLDING COMPANY LIMITED [2017] NZHC 2482

NGĀTI MUTUNGA O WHAREKAURI ASSET HOLDING COMPANY LIMITED v TWA HOLDING COMPANY LIMITED [2017] NZHC 2482

Because resolution of the plaintiffs' declaratory claim necessarily requires examination, evidence and judicial comment on the Kermadec Ocean Sanctuary Bill then before the House, the proceeding impermissibly impeaches or questions proceedings in Parliament contrary to s 11 of the Parliamentary Privilege Act 2014 and the principle of comity; the Attorney-General's application for a stay is therefore granted until the Bill is no longer before the House of Representatives.

Citation
[2017] NZHC 2482
Parties
First Plaintiff: NGĀTI MUTUNGA O WHAREKAURI ASSET HOLDING COMPANY LIMITED; Second Plaintiff: TWA HOLDING COMPANY LIMITED; Defendant: THE ATTORNEY-GENERAL
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 October 2017
Procedural Posture
Declaratory Judgment (new Zealand Bill of Rights Act Challenge) / Application for Stay (decision)
Outcome
Application for stay granted
Legal Topics
Comity Between Branches of Government, Parliamentary Privilege (article 9 / Parliamentary Privilege Act 2014), Stay of Proceedings, Declaratory Relief, Justiciability of Challenges to Pending Legislation, Treaty of Waitangi Obligations, Quota Management and Proprietary Fisheries Rights
Constitutional Law Administrative Law Māori Law Human Rights (nzbora) Parliamentary Privilege Fisheries Law Environmental Law Comity Between Branches of Government +6 more

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Parties

NGĀTI MUTUNGA O WHAREKAURI ASSET HOLDING COMPANY LIMITED

First Plaintiff

TWA HOLDING COMPANY LIMITED

Second Plaintiff

THE ATTORNEY-GENERAL

Defendant

Procedural Posture

Declaratory Judgment (new Zealand Bill of Rights Act Challenge) / Application for Stay (decision)

Legal Issues

  1. 1 Whether the plaintiffs' declaratory claim impermissibly impeaches or questions proceedings in Parliament
  2. 2 Whether s 11 Parliamentary Privilege Act 2014 bars evidence/comments about a bill before the House in court proceedings
  3. 3 Whether the principle of comity requires a stay of the proceeding while the bill is before Parliament

Ratio Decidendi

Because resolution of the plaintiffs' declaratory claim necessarily requires examination, evidence and judicial comment on the Kermadec Ocean Sanctuary Bill then before the House, the proceeding impermissibly impeaches or questions proceedings in Parliament contrary to s 11 of the Parliamentary Privilege Act 2014 and the principle of comity; the Attorney-General's application for a stay is therefore granted until the Bill is no longer before the House of Representatives.

Court Disposition

Application for stay granted

Orders

  • Proceeding stayed until the Kermadec Ocean Sanctuary Bill is no longer before the House of Representatives
  • Costs reserved to the Attorney-General; if parties cannot agree, focused memoranda (no more than five pages) to be filed within 15 working days