New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Declaration of inconsistency under nzbora

Legal area

Court

9 Jun 2015

McCLINTOCK v THE ATTORNEY-GENERAL OF NEW ZEALAND & ORS [2015] NZHC 1280

Citation

[2015] NZHC 1280
Court

High Court

The Court granted CEC leave to join as an interested non-party because CEC's interests will be directly affected by the declarations sought, its participation will materially improve the quality of information available to the Court, the Crown's interests are not necessarily aligned with CEC and CEC cannot rely on the Crown to protect its rights; joinder is therefore necessary and justified but must be subject to conditions limiting scope and preventing costs recovery by CEC.
13 Nov 2006

TAUNOA AND ORS V THE ATTORNEY GENERAL AND ANOR SC 6/2006

Citation

TAUNOA AND ORS V THE ATTORNEY GENERAL AND ANOR SC 6/2006
Court

Supreme Court

Because the Prisoners' and Victims' Claims Act 2005 does not inhibit the Supreme Court's ability to determine the issues before it and because the declaration of inconsistency sought raised a new issue that had not been before the High Court or Court of Appeal, the Supreme Court lacked jurisdiction to grant that declaration and there was no substantive basis to stay or strike out the cross-appeal; the application was therefore dismissed.