19 Feb 2020
VAN LEEUWEN GROUP LIMITED v THE ATTORNEY-GENERAL [2020] NZHC 215
- Citation
- [2020] 3 NZLR 502
- Court
- High Court
Section 11 of the Declaratory Judgments Act preserves the High Court's jurisdiction to authoritatively construe statutes so a stay under s162A(6)/Arbitration Act Sch1 Art8(1) is not automatic. The Court must exercise its discretion whether to stay; given the public law dimension, the large number of affected parties, limited prior arbitration/appeal guidance and access to justice concerns, the Attorney-General's application to strike out or stay was dismissed and the declaratory proceedings permitted to continue.