9 Nov 2018
ATTORNEY-GENERAL v ARTHUR WILLIAM TAYLOR [2018] NZSC 104
- Citation
- [2018] NZSC 104
- Court
- Supreme Court
Majority of the Supreme Court held the High Court has jurisdiction to make a declaration that legislation is inconsistent with the New Zealand Bill of Rights Act 1990 as part of its judicial function and by reference to its inherent and statutory jurisdiction to administer the law; such declarations are a legitimate remedial response to legislative breach, are consistent with ss 3–6 and s4 of the Bill of Rights Act and with the Declaratory Judgments Act, and a declaration was appropriate in this case; the cross-appeal on standing was allowed and Mr Taylor has standing (the Court was split wit…