11 Jul 2014
The High Court is not precluded in principle from making declarations of inconsistency with the NZBORA (it has jurisdiction in the strict sense), but judicial practice of comity and constitutional considerations counsel restraint; on the facts the respondents' strike out application was dismissed and the proceeding should continue with amendments to parties and pleadings.
16 Sept 2011
The correct test for extending absolute parliamentary privilege to communications outside the House is necessity for the proper and efficient functioning of Parliament; communications of the type in issue (a public servant briefing a Minister to answer a parliamentary question) are not necessarily absolutely privileged and, on the facts, necessity was not shown so only qualified privilege applies; appeal dismissed.
20 Jun 2008
Section 7 duties of the Attorney-General in identifying and reporting apparent inconsistencies with NZBORA fall within proceedings of Parliament and are protected by Article 9 privilege and the broader principle of comity; consequently those s7 decisions are non-justiciable and the applicants' claim must be struck out.