12 Nov 2018
STAFFORD v ATTORNEY-GENERAL [2018] NZCA 490
- Citation
- [2018] NZCA 490
- Court
- Court of Appeal
The Court declined to transfer the High Court judicial review proceedings to the Court of Appeal under s 59 because, while the subject matter is exceptional and of considerable public importance given the Supreme Court's Wakatū decision, the matters are not shown to require urgent determination in the Court of Appeal; the issues are complex and fact‑dependent and are more appropriately litigated first in the High Court with the benefit of factual findings and potential appeals, and the s 59(4) factors supporting preservation of the Court of Appeal's primary appellate function weigh against tr…