Court of Appeal Wellington
30, 31 May; 6 June 1989
Cooke P, Somers, Casey, Bisson and Hardie Boys JJ
30, 31 May; 6 June 1989
Cooke P, Somers, Casey, Bisson and Hardie Boys JJ
Practice and procedure — Cross-examination of Minister of the Crown — Judicial review proceedings challenged Minister of Energy's decision to refuse to extend the area covered by a mining licence granted under Petroleum Act 1937 - Minister made an affidavit explaining the reasons for his decision — Whether cross-examination is permitted as of right in judicial review proceedings — Whether opposite party may subpoena Minister for cross-examination — Whether Petrocorp's application for leave to cross-examine Minister should be granted — Whether, if cross-examination is not permitted, leave should be granted to allow the Minister's affidavit to be used in evidence — High Court Rules, RR 497, 508 and 628 - Judicature Amendment Act 1972, s 10.
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