R v Sloan - [1990] 1 NZLR 474

Administrative law — Judicial review — Jurisdiction — Declaration of legality as to alleged unlawful activities — Inspector considered that applicant's amusement machines were being operated in contravention of the Gaming and Lotteries Act 1977 and required him to cease operation immediately or face enforcement proceedings — Applicant applied for review seeking declaration of legality — Whether opinion of inspector was a decision — Whether actions of inspector were reviewable — Judicature Amendment Act 1972, ss 3 and 4.

Practice and procedure — Judgments and orders — Declaratory judgment — Jurisdiction of Court — Whether declaration should be made under Declaratory Judgments Act 1908 about legality of acts when the acts have been committed and criminal proceedings in respect thereof are contemplated — Whether Court will entertain application under Act if facts are in dispute.