Whale Watch Kaikoura Ltd v Transport Accident Investigation Commission - [1997] 3 NZLR 55

Administrative law — Judicial review — Jurisdiction — Decision of Transport Accident Investigation Commission to publish a report consequent on mandatory statutory direction — Whether such decision a statutory power of decision amenable to review — Whether finding of facts and reaching conclusion amounted to exercise of statutory power of decision amenable to review — Whether commission had power to determine rights and liabilities — Whether commission exceeded the scope of its inquiry — Whether Court entitled to consider merits of findings and conclusions of commission — Whether findings of commission unreasonable, inaccurate or lacking evidentiary basis — Transport Accident Investigation Commission Act 1990, s 8(2)(c) — Judicature Amendment Act 1972, s 3.

Judicial review — Interim order — Proper basis for interim orders — Whether necessary to preserve plaintiff's position — Whether evidence established prima facie case that findings and conclusions were unreasonable, inaccurate or lacking evidentiary basis — Whether overriding factors of public interest have priority.