27 Mar 2019
GOODMAN FIELDER NEW ZEALAND LTD v THE DISTRICT COURT AT PORIRUA [2019] NZHC 599
- Citation
- [2019] NZAR 489
- Court
- High Court
Judicial review dismissed. Section 26 is a limited ex parte screening mechanism; it does not impose a legal obligation to serve defendants, hold a hearing or provide a full written judgment, and a Judge may permissibly take into account relevant material beyond formal witness statements when assessing whether the evidence is insufficient to justify a trial; the formal statements filed (even excluding hearsay) provided an arguable evidential basis to justify filing the charges, so the District Court Judge's decision to accept the charging documents was lawful.