9 May 2018
REWA v THE ATTORNEY-GENERAL OF NEW ZEALAND [2018] NZHC 1005
- Citation
- [2018] 3 NZLR 233
- Court
- High Court
The Attorney-General (through properly delegated authority) possesses the common law prerogative power to lift a stay (nolle prosequi); statutory recognition of the stay power does not extinguish the prerogative to reverse it; the Deputy Solicitor-General validly lifted the stay on lawful grounds (quashing of Pora convictions, evidential sufficiency and public interest), and the Court will not set that decision aside on the facts presented without evidence of bad faith or procedural unfairness.