20 Aug 2020
Costs awarded to the respondents on a conventional basis but reduced by 20% to reflect that part of the litigation vindicated fundamental rights and served the rule of law; application for a stay of the costs award was declined for lack of evidence of impecuniosity or risk to the Crown.
27 May 2019
Causes of action 2 to 12 were struck out as non-justiciable or legally untenable: courts cannot inquire into Select Committee processes or Parliamentary proceedings (statutory and constitutional bar); the Treaty of Waitangi does not of itself create enforceable legal rights absent legislative incorporation; challenges to the content of an Act of Parliament are not justiciable under the Declaratory Judgments Act. The single surviving cause (alleged ultra vires of the Order under s 74A Arms Act) was not struck out because review of legislative instruments, including repealed instruments, may be…
21 Mar 2019
The Court held the plaintiff had an arguable case in conversion, the balance of convenience and overall justice favoured granting a mandatory interim injunction, and accordingly ordered immediate surrender of identified company property and restrained the defendant from interfering with that property, with costs reserved and an undertaking as to damages accepted.