31 May 2021
GIFFORD v THE DISTRICT COURT OF NEW ZEALAND [2021] NZHC 1258
- Citation
- [2021] NZHC 1258
- Court
- High Court
The strike-out application was declined. The Court held the Criminal Procedure Act does not by necessary implication preclude pre-trial judicial review of s147 decisions; availability of statutory appeals generally affects the remedy rather than jurisdiction; absent improper purpose or clear untenability the proceeding is not an abuse of process; a genuine question of law exists regarding the legal test, burden and standard applicable to s338(4) RMA constructive knowledge enquiries, so the matter should proceed rather than be struck out.