21 Mar 2023
Extension of time declined because delay was inordinate and resulted from a deliberate decision to abandon the appeal, the only prejudice to respondents was limited additional costs, the impugned Order has been revoked reducing practical utility and public importance, and overall the interests of justice did not require revival of the appeal.
13 Dec 2021
Because the proceedings raised matters of genuine public interest, the applicants acted reasonably in seeking urgent judicial review given the impending vaccination mandate and the relevant authorities did not render their conduct unreasonable, the Crown's claim for costs was declined and costs were ordered to lie where they fall.
12 Nov 2021
Section 11(1)(a) of the COVID-19 Public Health Response Act 2020, read by its text and in light of purpose and context, encompasses orders requiring persons to refrain from association unless vaccinated and to undergo vaccination; the s 11 NZBORA right to refuse medical treatment is engaged but the Act contemplates limits on NZBORA rights where justified under s 5 and subject to s 9 safeguards; neither s 6 nor the common law principle of legality requires reading down the empowering provision where limits are reasonable and demonstrably justified under s 5; accordingly the Vaccinations Order…
1 Dec 2017
The Tribunal, on a humanitarian appeal under s207, does not have jurisdiction to determine the legal validity of underlying deportation liability or DLNs; where no appeal to the Tribunal exists on liability, s249 does not bar judicial review of INZ decisions and applicants are entitled to bring judicial review proceedings without first pursuing a futile humanitarian appeal, so leave to apply for judicial review with an extension of time is granted.