18 Nov 2021
TAU & OTHERS v ATTORNEY-GENERAL [2021] NZHC 3108
- Citation
- [2021] NZHC 3108
- Court
- High Court
The application to determine the preliminary question was dismissed because there were difficult demarcation issues: the question could not be isolated from the Crown's positive defences (notably statutory modification/extinguishment), granting the application would effectively decide or foreclose those defences, there was insufficient demonstrated time-saving, and splitting the trial risked inefficiency and multiple appeals; novel tikanga-based rights are better resolved in a full factual trial context.