18 Oct 2023
HATA v THE ATTORNEY-GENERAL (NO 2) [2023] NZHC 2919
- Citation
- [2023] NZHC 2919
- Court
- High Court
Stay application dismissed and r 10.15 preliminary questions refused: the court held it may determine existing legal rights (including rights informed by tikanga and the Treaty) even when a related Bill is before Parliament so long as the judgment does not intrude upon or prevent parliamentary proceedings; s11 Parliamentary Privilege Act 2014 only bars court consideration where proceedings would seek to question or rely on parliamentary proceedings to establish liability or to support or resist relief; proposed separate preliminary questions were inappropriate because the issues of tikanga, i…
- Stay application
- Non-interference principle
- Parliamentary privilege act 2014 s11
- Declaration of rights
- Judicial review
- Tikanga