5 Mar 2015
E LI v THE DISTRICT COURT [2015] NZHC 1605
- Citation
- [2015] NZAR 1280
- Court
- High Court
Interim relief was refused because examination orders are investigative authorisations analogous to search warrants and are generally premature for judicial review absent exceptional factors (bad faith, malice, jurisdictional nullity). The District Court's ex parte judicial oversight is the statutory safeguard, the evidential threshold for obtaining an examination order is low and there was no demonstrated exceptional circumstance here. Denial of access to the District Court file was consistent with the criminal procedural regime. Consequently, the applicant failed to establish the strong cas…