9 Jun 2023
CHAPMAN v POLICE [2023] NZHC 1435
- Citation
- [2023] NZHC 1435
- Court
- High Court
The appeal is dismissed because the statutory scheme, the national public‑health nature of the Order, the absence of a proper relationship between the Minister (decisionmaker) and the prosecuting authority, procedural and joinder limitations in criminal proceedings, the District Court's lack of jurisdiction to determine an ultra vires challenge and s13's preservation of judicial review mean a collateral challenge is not appropriate here and judicial review must precede prosecution.