New Zealand Case Law: Decisions & Judgments

Topic

Public interest standing

Legal area

Court

16 Mar 2023

LAWYERS FOR CLIMATE ACTION NZ INCORPORATED v THE CLIMATE CHANGE COMMISSION [2023] NZHC 527

Citation

[2023] NZHC 527
Court

High Court

The application for judicial review was dismissed on the merits, but the Court declined to order costs against the public interest applicant; because LCANZ was a qualified public interest litigant who acted reasonably, raised issues of general significance and settled points of ongoing application, the Court departed from the usual loser‑pays rule and ordered that costs lie where they fall. The Court also held that the Commission's advice was amenable to review and that the expert evidence was admissible and identified potential substantive shortcomings in the Commission's 2030 advice relativ…
29 Jul 2021

SMITH v ATTORNEY-GENERAL [2021] NZHC 1935

Citation

[2021] NZHC 1935
Court

High Court

The strike-out application was dismissed because the defendant conceded the searches were unlawful, the court applied New Zealand's generous, contextual approach to public interest standing, and the settlements with most affected prisoners did not remove the public interest in a judicial determination; the defendant failed to show the claim could not possibly succeed.
28 Jun 2021

REREKURA v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2021] NZHC 1555

Citation

[2021] NZHC 1555
Court

High Court

Application to act as McKenzie friend was declined because Cheng is a likely witness, creating an unacceptable conflict of roles and practical limitations (exclusion during cross-examination), there is a real risk of abuse of process given his parallel litigation and public interest activism, and logistical and taxpayer burdens; application to be joined as a party was declined because Cheng lacks a direct personal interest in the relief sought, joinder is not justified under r 4.56 or JRPA s14, and the joinder would amount to an abuse of process given overlapping proceedings and duplicative c…
28 Sept 2018

K v THE DISTRICT COURT AT NORTH SHORE [2018] NZHC 2503

Citation

[2018] NZHC 2503
Court

High Court

Dobson J's 2012 minute determined the applicant lacked standing and that determination is binding by issue estoppel; alternatively, even absent estoppel the applicant lacked both personal and public interest standing to judicially review a District Court sentencing decision in criminal proceedings, so the 2017 proceedings are an abuse of process and must be struck out; given delay, abuse of process concerns and automatic child-victim suppression the applicant's and second respondent's identities are suppressed.
11 Dec 2013

REID v ATTORNEY-GENERAL CA236/2012 [2013] NZCA 638

Citation

[2013] NZCA 638
Court

Court of Appeal

The Registrar did not err: the applicant failed to demonstrate public interest or exceptional circumstances to justify waiver of the setting down fee or dispensation from security for costs; accordingly the review applications are dismissed and the applicant must pay security of $5,880 and the setting down fee of $2,658.40 within 20 working days.
5 Feb 2008

ROBERT KENNETH MACDONALD V HUTT CITY COUNCIL AND ANOR HC WN CIV-2007-485-1329

Citation

openlaw-cce9651c_4cce_4b56_b859_2cb234c7538f.pdf
Court

High Court

The appellant's case lacked merit and was conducted in a way that increased costs (overlong submissions and unnecessary authorities); however the public interest nature of the proceeding and the appellant's lack of private interest mitigated against a full costs award, so the successful second respondent is entitled to a partial costs award of 25% of scale at the 2B rate plus recoverable disbursements.

New Zealand Case Law

LAWYERS FOR CLIMATE ACTION NZ INCORPORATED v THE CLIMATE CHANGE COMMISSION [2023] NZHC 527

SMITH v ATTORNEY-GENERAL [2021] NZHC 1935

REREKURA v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2021] NZHC 1555

K v THE DISTRICT COURT AT NORTH SHORE [2018] NZHC 2503

REID v ATTORNEY-GENERAL CA236/2012 [2013] NZCA 638

ROBERT KENNETH MACDONALD V HUTT CITY COUNCIL AND ANOR HC WN CIV-2007-485-1329