A v Minister of Internal Affairs - [2017] 3 NZLR 247

Administrative law — Judicial review — Interlocutory application — Procedural fairness — Challenges to statutory provisions affecting suspension and cancellation of passport — Significance of temporary provisions in Passports Act 1992 — Whether delay in creating protocol prejudicial to applicant — Whether delay in Minister of Internal Affairs’ notification that proceeding involved classified security information prejudicial to applicant — Whether grounds for disclosing classified security information to applicant — Whether Evidence Act 2006 or High Court Rules relevant — Concept of fairness — Evidence Act 2006.

Evidence — Disclosure of Classified and Security Information — Effect of statutory provisions — Normal rules of disclosure abrogated — Evidence to be presented to court without being disclosed to applicant — Express wording of provisions preventing application of protections in New Zealand Bill of Rights Act — Passports Act 1992, ss 29AA, 29AB, 29AC and 45.

Statutes — Interpretation — Whether ss 29AA, 29AB, 29AC applied to applications for judicial review — Interpretation of temporary statutory provisions — Whether temporary provisions ceased to apply to proceeding on their termination — Effect of Interpretation Act 1999 — Whether proceeding involving classified security information inconsistent with New Zealand Bill of Rights Act 1990 — “Classified security information” — New Zealand Bill of Rights Act 1990.

Practice and procedure — Judicial review — Interlocutory application — Challenges to statutory provisions affecting suspension and cancellation of passport unsuccessful — Whether applicant should pursue judicial review — Whether applicant should pursue appeal.