8 Aug 2017
ATTORNEY-GENERAL v THE DISTRICT COURT AT CHRISTCHURCH [2017] NZHC 1873
- Citation
- [2017] NZHC 1873
- Court
- High Court
The District Court erred in holding it had an inherent power to grant a rehearing after it had made a final surrender order; once the District Court made the surrender order it was functus officio and lacked statutory or inherent jurisdiction to rehear the matter; the appropriate supervisory remedy is to the High Court (judicial review) or appeal as provided by statute; accordingly the District Court's rehearing order and the original surrender order were set aside and the matter remitted for reconsideration.