30 Apr 2021
MONCRIEF_x001e_SPITTLE v REGIONAL FACILITIES AUCKLAND LIMITED [2021] NZCA 142
- Citation
- [2021] 2 NZLR 795
- Court
- Court of Appeal
RFAL's cancellation of the venue hire agreement was amenable to judicial review and engaged BORA rights (freedom of expression and peaceful assembly); however, on the facts the decision to cancel was rational, proportionate and a justified limitation under s 5 of BORA given the escalated security and evacuation risks, Axiomatic's failure to disclose security arrangements and the absence of adequate guarantees; both appellants had standing; High Court costs order required reduction.