New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Parliamentary privilege act 2014

Legal area

Court

30 Nov 2021

STAPLES v FREEMAN [2021] NZHC 3237

Citation

[2021] NZHC 3237
Court

High Court

The Court held the Parliamentary Privilege Act 2014 is the applicable law to the relevant aspects of this defamation proceeding despite the earlier filing date, and that the sealed default judgment must be recalled because counsel and the Court failed to consider the Act — an omission that materially affects liability and damages where parliamentary proceedings and privilege are engaged; recall is necessary to permit full argument and correct application of the Act.
29 Jan 2020

NGĀTI MUTUNGA O WHAREKAURI ASSET HOLDING COMPANY LIMITED v ATTORNEY-GENERAL [2020] NZCA 2

Citation

[2020]3 NZLR 1
Court

Court of Appeal

Section 11 of the Parliamentary Privilege Act 2014 bars courts from receiving evidence or submissions that question, infer from, or seek relief concerning proceedings in Parliament; the appellants' claim, as framed to challenge the Kermadec Ocean Sanctuary Bill and governmental announcements that amounted to a proposal to legislate, impermissibly sought determinations about a bill before the House and therefore must be struck out; courts remain able to declare existing rights unrelated to proposed legislation but not to adjudicate rights-consistency of draft legislation before Parliament.