7 Apr 2009
THE ATTORNEY-GENERAL V JOHN HOWARD HC WN CIV-2008-485-1291
- Citation
- openlaw-6c772b0d_1e99_4c3d_9c3a_038136338fd7.pdf
- Court
- High Court
Section 123(4) HRA's 30-day 'giving notice' requirement is mandatory and requires notice to the High Court, the Human Rights Review Tribunal and the affected parties; neither respondent nor Tribunal effectively waived that jurisdictional requirement; the High Court lacked power under r5 to cure the statutory non-compliance, so the appeal was not properly brought and is dismissed.