New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Public administration
  • 5 Aug 2009

    LINCOLN V POLICE DEPARTMENT HC PMN CIV-2009-454-473

    Citation
    openlaw-72c4ebfa_0986_4dfb_9f3f_d76c7beefe85.pdf
    Court
    High Court

    Interim relief was refused because the statutory necessity threshold to preserve the applicant's position was not met: Police's reinterpretation is not legally determinative, Police have given a clear indicatory moratorium and educative transition until March 2010, many alleged harms were speculative or related to possible future actions rather than the applicant's present position, and it would be inappropriate on interim application to prefer the prior interpretation over the new interpretation without full hearing.