16 Nov 2022
GRIGGS v LEGAL SERVICES COMMISSIONER [2022] NZHC 3001
- Citation
- [2022] NZHC 3001
- Court
- High Court
Section 47 is ambiguous on its face; applying a purposive interpretation that gives effect to access to justice and the remedial purpose of the Treaty of Waitangi (State Enterprises) Act 1998, s 47 extends to proceedings in other courts that arise from and directly relate to proceedings before the Waitangi Tribunal. The LAT erred in law by adopting a narrower interpretation; the Commissioner's decision declining legal aid was quashed and remitted to the Commissioner for reconsideration consistent with this interpretation.