27 Feb 2023
TE RŪNANGA O NGĀI TAHU v TE OHU KAI MOANA TRUSTEE LTD [2023] NZHC 302
- Citation
- [2023] NZHC 302
- Court
- High Court
The Court exercised its broad discretion under the High Court Rules and rescinded the January 27, 2023 stay because the prejudice to the Trustee from unresolved, extant allegations outweighed the plaintiff's disadvantages from discontinuance; the Court further signalled a preliminary view that the pleaded declarations against the Minister, insofar as they challenge proposed legislation now before Parliament, likely infringe parliamentary privilege and should be discontinued or struck out, and directed that absent discontinuance the plaintiff must seek a priority fixture.