New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bill of rights interpretation

Legal area

Court

14 Dec 2018

HINEMANU NGARONOA & ORS v ATTORNEY-GENERAL & ORS [2018] NZSC 123

Citation

[2018] NZSC 123
Court

Supreme Court

Majority held s 268(1)(e) must be read to entrench only the minimum voting age (18) and related definitional references, not the entirety of s 74; text, punctuation, statutory pattern and legislative history support the narrow construction; s 6 BORA does not mandate a different tenable reading, so the 2010 Amendment did not contravene s 268(1)(e).
12 Apr 2017

AFFCO NEW ZEALAND LTD v EMPLOYMENT COURT [2017] NZCA 123

Citation

[2017] 3 NZLR 603
Court

Court of Appeal

The Court of Appeal lacks jurisdiction to entertain Affco's judicial review because s 193 of the Employment Relations Act, read in light of s 213 and consistent authorities (Parker and follow-ups), confines review in this Court to narrow jurisdictional grounds (lack of jurisdiction in the narrow sense, decisions beyond power, or bad faith); NZBORA s 27(2) does not alter that statutory scheme and, in any event, the limitation is a justified limit under s 5; alternatively the proceedings were an abuse of process.