M and E v Attorney-General - [1997] 2 NZLR 746

Constitutional law — New Zealand Bill of Rights Act 1990 — Application for trial before Judge and jury — Whether plaintiffs entitled to trial before Judge and jury if they maintained their claims for relief under New Zealand Bill of Rights Act 1990 as against first defendant — Whether plaintiffs should be required to abandon their claims under New Zealand Bill of Rights Act 1990 or abandon their right of trial by jury of their other causes of action — New Zealand Bill of Rights Act 1990, ss 9, 21, 22 and 23 — Children, Young Persons, and Their Families Act 1989, ss 208, 215 and 221.

Practice and procedure — Action — Applications by plaintiffs for trial before Judge and jury and by first defendant for trial before Judge alone — Criteria and onus in respect of such applications — Whether trial before Judge and jury more convenient — Judicature Act 1908, ss 19A and 19B.