Christian Congregation of Jehovah’s Witnesses (Australasia) Ltd v Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions - [2024] 2 NZLR 534
$30.00
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Court of Appeal Wellington
CA701/2023
21 March; 24 April 2024
Cooper P, Goddard and Cooke JJ
CA701/2023
21 March; 24 April 2024
Cooper P, Goddard and Cooke JJ
Commissions of inquiry — Judicial review — Whether Royal Commission exceeded terms of reference — Interpretation of terms of reference for commissions of inquiry — Role of courts in ensuring commissions of inquiry act lawfully — Manner in which commissions of inquiry’s exercise of powers can be subject to judicial review — Inquiries Act 2013.
Commissions of inquiry — Functions of commissions of inquiry — Power to pursue lines of inquiry — Power to establish and amend terms of reference — Inquiries Act 2013 s 7.
Bill of Rights — Rights to justice — Improper purpose — Whether order amending terms of reference was ultra vires in breach of rights to justice or promulgated for improper purpose of defeating current judicial review proceedings — New Zealand Bill of Rights Act 1990 s 27(2) and s 27(3).