New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

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  • 10 Oct 2022

    TAU v THE ATTORNEY-GENERAL [2022] NZHC 2604

    Citation
    [2022] NZHC 2604
    Court
    High Court

    Tailored discovery orders are appropriate and granted with modifications: categories in Schedule 3 apply; for categories 6 and 7 disclosure is to be staged (stage one Cabinet papers, minutes and briefings to Ministers; stage two further documents referenced and requested); the date range for category 6 is limited to from 2003 (with parties to negotiate a focused sub-category addressing SOE reforms if necessary); DPMC is included as a relevant agency for category 7; the Crown's proposed case-study approach does not displace discovery; the application to transfer under s26(1) is refused.

  • 18 Nov 2021

    TAU & OTHERS v ATTORNEY-GENERAL [2021] NZHC 3108

    Citation
    [2021] NZHC 3108
    Court
    High Court

    The application to determine the preliminary question was dismissed because there were difficult demarcation issues: the question could not be isolated from the Crown's positive defences (notably statutory modification/extinguishment), granting the application would effectively decide or foreclose those defences, there was insufficient demonstrated time-saving, and splitting the trial risked inefficiency and multiple appeals; novel tikanga-based rights are better resolved in a full factual trial context.