DOCSLIB.ORG

Review of the Judicature Act 1908

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Review of the Judicature Act 1908 February 2012, Wellington, New Zealand | ISSUES PAPER 29 REVIEW OF THE JUDICATURE ACT 1908 TOWARDS A CONSOLIDATED COURTS ACT February 2012, Wellington, New Zealand | ISSUES PAPER 29 REVIEW OF THE JUDICATURE ACT 1908 TOWARDS A CONSOLIDATED COURTS ACT The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Hon Sir Grant Hammond KNZM – President Emeritus Professor John Burrows QC Professor Geoff McLay The General Manager of the Law Commission is Brigid Corcoran The office of the Law Commission is at Level 19, 171 Featherston Street, Wellington Postal address: PO Box 2590, Wellington 6140, New Zealand Document Exchange Number: sp 23534 Telephone: (04) 473-3453, Facsimile: (04) 471-0959 Email: [email protected] Internet: www.lawcom.govt.nz National Library of New Zealand Cataloguing-in-Publication Data Review of the Judicature Act 1908 [electronic resource] : towards a consolidated Courts Act. (Issues paper ; 29) ISBN 978-1-877569-31-9 1. New Zealand. Judicature Act 1908. 2. Courts—New Zealand. I. New Zealand. Law Commission. II. Series: Issues paper (New Zealand. Law Commission : Online) ; 29. This Issues Paper is also available on the internet at the Law Commission’s website: www.lawcom.govt.nz ii Law Commission Issues Paper FOREWORD The Law Commission has a reference from the Minister of Justice to review the Judicature Act 1908, and the other legislation governing the operation of the New Zealand courts of general jurisdiction, with a view to creating a consolidated Courts Act and updating and reorganising other provisions of the Judicature Act 1908. The principal focus of this review is, therefore, on reorganisation, consolidation, and modernisation. It is not the intention that the Commission should revisit major matters of policy underlining the present legislation, such as the structure of the courts or matters of that character. Since it was enacted, the Judicature Act 1908 has been raddled with amendments, the antecedents of which are often difficult to follow as they have become lost in the mists of time. Other legislation governing the courts of general jurisdiction has also been passed. As a result, we now have a distinctly patchwork quilt appearance of statutes relating to our trial and appellate courts, some of which overlap in various respects, or have problems or gaps in them. Some provisions have become redundant or outmoded. Consequently, a New Zealand citizen will have grave difficulty trying to appreciate the picture as a whole, and even trained lawyers routinely have difficulty with some aspects of the relationships between the various courts and jurisdictions. This is not satisfactory from a constitutional point of view. A clear and unproblematic regime for the architecture and relationship of the New Zealand courts is vital to the very basis of this arm of government. The present situation also has the potential to impede access to justice: all citizens are bound by the law and all are entitled to resort to a court to enforce lawful obligations. It is undesirable that citizens and their legal representatives should have to struggle to piece together the whole picture from diverse statutory sources. At a more pragmatic level, inevitably when there are individuated statutes for individuated courts there will be gaps or ‘rubs’ between them, or particular problems emerge over the passage of time which could stand attention, although they would not warrant an isolated statutory intervention. Other provisions simply become outdated and need modification. At least in this instance, consolidation and revision can and should go hand in hand. The ultimate objective of this reference is to establish in one place, in clear and modern terms, the institutional and architectural basis of each of the New Zealand courts of general jurisdiction. Review of the Judicature Act 1908: towards a consolidated Courts Act iii A task of this kind involves an exercise in judgement as to what is within the reference and what is not. Where we have been in doubt about whether a provision should be repealed or modified, we have tended to retain the status quo. We have been anxious not to give rise to substantive law changes by a side- wind. Sometimes we note difficulties with a provision, but indicate that reform, if called for at all, would be better undertaken in a different context, or by a further limited reference. However, there are some areas in which we suggest changes which go beyond the consolidation of existing legislation. In particular, there are proposals made in relation to the appointment of judges, the possible abolition of civil jury trials, changes in the approach taken to vexatious litigation, wasted costs, and the constitution of a single District Court. We welcome submitters’ comments on all of these matters. In preparing this paper, we have had the benefit of views expressed by the heads of the various benches of the relevant courts as to any problems they see in the existing legislation. The release of this paper provides an opportunity for others, particularly members of the legal profession and the public, to comment on any matters raised, and identify other issues of concern and possible solutions. After further consultation, the Commission will issue a final report, setting out our recommendations. We intend to include a complete draft bill for a new Courts Act in our final report (although this is dependent on drafting resources). This Issues Paper includes some draft provisions, where we have reached a preliminary view that new provisions may be helpful and that draft wording would be useful for consultation purposes. These also show that generic provisions relating to all courts are possible and useful. Finally, I note that in March 2011, as part of this reference the Commission published Issues Paper 21, Towards a New Courts Act – A Register of Judges’ Pecuniary Interests? The Commission will make its recommendations on that subject in our final report on this matter. Hon Sir Grant Hammond KNZM President of the Law Commission iv Law Commission Issues Paper Call for submissions Submissions or comments (formal or informal) on this Issues Paper should be sent to Lecretia Seales, Senior Legal and Policy Adviser, by Friday 27 April 2012. Law Commission PO Box 2590 Wellington 6140, DX SP 23534 or by email to [email protected] The Law Commission asks for any submissions or comments on this Issues Paper. The submission can be set out in any format but it is helpful to specify the number of the question you are discussing. Submitters are invited to focus on any of the questions, particularly in areas that especially concern them, or about which they have particular views. It is certainly not expected that each submitter will answer every question. Alternatively, submitters may like to make a comment about the review that is not in response to a question in the paper and this is also welcomed. Official Information Act 1982 The Law Commission’s processes are essentially public, and it is subject to the Official Information Act 1982. Thus copies of submissions made to the Law Commission will normally be made available on request, and the Commission may refer to submissions in its reports. Any requests for withholding of information on grounds of confidentiality or for any other reason will be determined in accordance with the Official Information Act 1982. Review of the Judicature Act 1908: towards a consolidated Courts Act v vi Law Commission Issues Paper Contents Review of the Judicature Act 1908: towards a consolidated Courts Act Foreword............................................................................................................... iii CALL FOR SUBMISSIONS v PART 1 – INTRODUCTION 5 Chapter 1 The legislative landscape .................................................................6 The.Judicature.Act.1908........................................................................................6 Objective.of.this.review..........................................................................................7 Judicature.Amendment.Act.1972..........................................................................9 Parts.of.this.Issues.Paper........................................................................................9 Chapter 2 The present New Zealand courts ...................................................12 Structure................................................................................................................12 District.Courts.......................................................................................................12 High.Court.............................................................................................................15 Court.of.Appeal.....................................................................................................16 Supreme.Court......................................................................................................17 PART 2 – JUDGES 21 Chapter 3 Judicial appointments ....................................................................22 Introduction..........................................................................................................22 Current.legislative.provisions..............................................................................23
Load more

Recommended publications
  • Final Appellate Jurisdiction in the Scottish Legal System
    Edinburgh Research Explorer Final Appellate Jurisdiction in the Scottish Legal System Citation for published version: Walker, N 2010, Final Appellate Jurisdiction in the Scottish Legal System. Scottish Government. <http://scotland.gov.uk/Resource/Doc/299388/0093334.pdf> Link: Link to publication record in Edinburgh Research Explorer Document Version: Publisher's PDF, also known as Version of record Publisher Rights Statement: ©Walker, N. (2010). Final Appellate Jurisdiction in the Scottish Legal System. Scottish Government. General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 07. Oct. 2021 FINAL APPELLATE JURISDICTION IN THE SCOTTISH LEGAL SYSTEM Crown Copyright 2010 ISBN: 978-0-7559-8213-4 Further copies are available from Eli do Rego The Scottish Government Legal System Division 2nd Floor West St Andrew’s House Edinburgh EH1 3DG 0131 244 3839 [email protected] An electronic copy of the full report including
    [Show full text]
  • Wai L Rev 2017-1 Internals.Indd
    Waikato Law Review TAUMAURI VOLUME 25, 2017 A Commentary on the Supreme Court Decision of Proprietors of Wakatū v Attorney-General 1 Karen Feint The Native Land Court at Cambridge, Māori Land Alienation and the Private Sector 26 RP Boast More than a Mere Shadow? The Colonial Agenda of Recent Treaty Settlements 41 Mick Strack and David Goodwin Section 339 of the Property Law Act 2007: A Tragedy of the Commonly Owned? 59 Thomas Gibbons Trimming the Fringe: Should New Zealand Limit the Cost of Borrowing in Consumer Credit Contracts? 79 Sascha Mueller Takiri ko te Ata Symposium Matiu Dickson: The Measure of the Man 100 Ani Mikaere Mā Wai Rā te Marae e Taurima? The Importance of Leadership in Tauranga Moana 107 Charlie Rahiri Book Review: International Indigenous Rights in Aotearoa New Zealand 111 Seanna Howard Book Review: He Reo Wāhine: Māori Women’s Voices from the Nineteenth Century 115 Linda Te Aho Editor in Chief Linda Te Aho Editorial Assistance Mary-Rose Russell, Carey Church Senior Student Editor Philip McHugh Student Editors Nicole Morrall, Aref Shams, Cassidy McLean-House EDITORIAL ADVISORY BOARD Chief Justice, The Honourable Dame Sian Elias (honorary member), Chief Justice of New Zealand. Professor John Borrows, JD (Toronto), PhD (Osgoode Hall), LL.D (Dalhousie), FRSC, Professor, Canada Research Chair in Indigenous Law, Nexen Chair in Indigenous Leadership, University of Victoria, (Canada). Associate Professor T Brettel Dawson, Department of Law, Carleton University, Academic Director, National Judicial Institute (Canada). Gerald Bailey, QSO, LLB (Cant), Hon D (Waikato), Consultant Evans Bailey, Lawyers, former Chancellor of University of Waikato and member of the Council of Legal Education.
    [Show full text]
  • Judicature (Northern Ireland) Act 1978 (C
    Judicature (Northern Ireland) Act 1978 (c. 23) 1 SCHEDULE 5 – Minor and Consequential Amendments Document Generated: 2021-08-19 Status: Point in time view as at 01/10/1992. Changes to legislation: Judicature (Northern Ireland) Act 1978, Part II is up to date with all changes known to be in force on or before 19 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) SCHEDULES SCHEDULE 5 MINOR AND CONSEQUENTIAL AMENDMENTS PART II SPECIFIC AMENDMENTS (1) ACTS OF THE PARLIAMENT OF THE UNITED KINGDOM Modifications etc. (not altering text) C1 The text of Sch. 5 Pt. II(1) is in the form in which it was originally enacted: it was not wholly reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 . F1 Textual Amendments F1 Entry relating to Crown Debts Act 1801 (c. 90) repealed by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45), Sch. 13 Pt. I para. 3, Sch. 14 The M1Writ of Subpoena Act 1805 Marginal Citations M1 1805 c. 92. In sections 3 and 4 references to a writ of subpoena requiring the appearance of a person to give evidence shall be construed as including references to any summons or order issued by the Crown Court in Northern Ireland for the appearance of a person before it. The Tumultuous Risings (Ireland) Act 1831 M2 Marginal Citations M2 1831 c.44 2 Judicature (Northern Ireland) Act 1978 (c.
    [Show full text]
  • Fusion – Fission – Fusion Pre-Judicature Equity Jurisdiction In
    M Leeming, “Fusion-Fission-Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824- 1972 in J Goldberg et al (eds), Equity and Law: Fusion and Fission (Cambridge UP 2019), 118-143. Fusion – Fission – Fusion Pre-Judicature Equity Jurisdiction in New South Wales 1824 - 1972 Mark Leeming* Introduction Here is a vivid account of the pre-Judicature Act system which prevailed in New South Wales at the end of the nineteenth century and its origins: To the litigant who sought damages before an Equity Judge, a grant of Probate before a Divorce Judge or an injunction before a Common Law Judge, there could be no remedy. He had come to the wrong Court, so it was said. He might well have enquired on what historical basis he could thus be denied justice. It cannot be questioned that the Court required specialization to function properly and that a case obviously falling within one jurisdiction ought not to be heard by a Judge sitting in another jurisdiction. Yet from this the fallacious extension was made that a Judge sitting in one jurisdiction could not in any circumstances hear a case which ought to have originated in another jurisdiction.1 The words are those of the distinguished Australian legal historian J.M. Bennett. There is no doubt that the jurisdictions at common law and in equity came to be treated in many respects as if they were separate courts, despite the failure of sustained efforts to create a separate equity court; despite it being clear that there was a single Supreme Court of New South Wales with full jurisdiction at common law and in equity; and despite efforts by its first Chief Justice, Sir Francis Forbes, in the opposite direction.
    [Show full text]
  • PLEASE NOTE This Is a Draft Paper Only and Should Not Be Cited Without
    PLEASE NOTE This is a draft paper only and should not be cited without the author’s express permission THE SHORT-TERM IMPACT OF THE >GLORIOUS REVOLUTION= ON THE ENGLISH JUDICIAL SYSTEM On February 14, 1689, The day after William and Mary were recognized by the Convention Parliament as King and Queen, the first members of their Privy Council were sworn in. And, during the following two to three weeks, all of the various high offices in the government and the royal household were filled. Most of the politically powerful posts went either to tories or to moderates. The tory Earl of Danby was made Lord President of the Council and another tory, the Earl of Nottingham was made Secretary of State for the Southern Department. The office of Lord Privy Seal was given to the Atrimming@ Marquess of Halifax, whom dedicated whigs had still not forgiven for his part in bringing about the disastrous defeat of the exclusion bill in the Lords= house eight years earlier. Charles Talbot, Earl of Shrewsbury, who was named Principal Secretary of State, can really only be described as tilting towards the whigs at this time. But, at the Admiralty and the Treasury, both of which were put into commission, in each case a whig stalwart was named as the first commissioner--Lord Mordaunt and Arthur Herbert respectivelyBand also in each case a number of other leading whigs were named to the commission as well.i Whig lawyers, on the whole, did rather better than their lay fellow-partisans. Devonshire lawyer and Inner Temple Bencher Henry Pollexfen was immediately appointed Attorney- General, and his cousin, Middle Templar George Treby, Solicitor General.
    [Show full text]
  • Introduction to the History of Common Law
    Rechtswissenschaftliche Fakultät Introduction to the History of Common Law Elisabetta Fiocchi Malaspina Rechtswissenschaftliche Fakultät 29.09.2020 Seite 2 Rechtswissenschaftliche Fakultät Dillon, Laws and Jurisprudence of England and America, Boston 1894, p. 155 The expression, "the common law," is used in various senses: (a) sometimes in distinction from statute law; (b) sometimes in distinction from equity law c) sometimes in distinction from the Roman or civil law […] . I deal with the fact as it exists, which is that the common law is the basis of the laws of every state and territory of the union, with comparatively unimportant and gradually waning exceptions. And a most fortunate circumstance it is, that, divided as our territory is into so many states, each supreme within the limits of its power, a common and uniform general system of jurisprudence underlies and pervades them all; and this quite aside from the excellences of that system, concerning which I shall presently speak. My present point is this: That the mere fact that one and the same system of jurisprudence exists in all of the states, is of itself of vast importance, since it is a most powerful agency in promoting commercial, social, and intellectual intercourse, and in cementing the national unity”. 29.09.2020 Seite 3 Rechtswissenschaftliche Fakultät Common Law Civil law Not codified Law (exceptions: statutes) Codified law role of judges: higher judicial role of judges: lower judicial discretion discretion, set precedents No clear separation between public Separation
    [Show full text]
  • English Law and Terminology
    English Law and Terminology. JUSTINE K. COLLINS Objectives. To provide a introductory insight into English law, legal system and legal culture. To illustrate the important aspects of English legal culture. Course Content. Week 1 Class 1: Exploring the Characteristics of Legal Language & Depicting what is English Common Law. (November 21st). Week 1 Class 2: Identifying and defining the Sources of English Common Law. (November 21st). Week 2 Class 1: Examining the English Court System. (November 28th). Week 2 Class 2: Analysis of Legal Personnel. (November 28th). Week 3 Class 1: A look at an English Trial System.. (December 12th). Week 3 Class 2: An Introduction to the English Pre-Trial Civil Procedure. (December 12th). Week 4 Class 1: Exploring English Constitutional Law. (December 19th). Week 4 Class 2: A look at English Legal History (legal transfer from England to the British Caribbean). (December 19th). The Characteristics of English Legal Language. Jargons- Specialised Language Argot- Esoteric use of words. Terms of Art- words with a definitive Words used by legal professionals to avoid long explanations (Blackacre, legal meaning. Whiteacre). Words or terms particular to persons Ordinary words can have different within the legal profession (tort). meanings in a legal context (party, suit, Instrument, consideration). Certain terms of art apply to the entire Traces of French and Latin influences body of law (claimant, defendant, meant that 3 languages were used in appeal). Others refers to specific areas legal expressions. Latin- obiter dicta, ratio decidendi & bona fide. French- of law (consideration, murder, trustee). laches, in lieu & per autre vie. What is Common Law? Historical Development of common Various meanings of common law.
    [Show full text]
  • Justice and the Defence of Rights in England and Wales: the Case Of
    Justice and the defence of rights in England and Wales : the case of Equity Anne-Marie O’Connell To cite this version: Anne-Marie O’Connell. Justice and the defence of rights in England and Wales : the case of Equity. Miroirs : Revue des civilisations anglophone, ibérique et ibéro-américaine, Université Toulouse 1 Capi- tole, Département des Langues et Civilisations, 2016, Médiateurs et Défenseurs de Droits en France et dans les mondes hispanique et anglophone, pp.50-65. hal-01325692 HAL Id: hal-01325692 https://hal.archives-ouvertes.fr/hal-01325692 Submitted on 2 Jun 2016 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. 50 Anne-Marie O’CONNELL Justice and the defence of rights in England and Wales : the case of Equity 51 Justice and the defence of rights in Abstract: England and Wales : the case of Equity As the legal system known as Common Law was developing in England, access to Anne-Marie O’Connell justice via the procedural writ system was abruptly limited by the 1258 Provisions University of Toulouse 1 Capitole of Oxford, which denied access to those litigants who could not fit in the existing claim forms and prevented judges from creating new ones.
    [Show full text]
  • Serjeant-At-Law by Francis Watt
    The Serjeant-at-Law By Francis Watt have no doubt, at some time or other, walked through Youthe Royal Courts of Justice and admired the judges in their scarlet or other bravery. One odd little detail may have caught your eye : the wigs of three seniors are differenced from those of their brethren by a black patch on the top. It signifies that the wearers are serjeants-at-law, and when the last of them goes to return no more, with him, it seems, will vanish the Order of the Coif. it will be the &quot; end o an auld of a Verily, sang,&quot; record stretching back to the beginning of English jurisprudence, of an order whose passing had at one time seemed the passing ot the law itself. Here, in bare outline, I set forth its ancient and as famous history. And, first, to the name. Under the feudal system land was held from the Crown upon various tenures. the holders Sometimes special services were required from ; these were called Serjeants, and the tenure was said to be by serjeanty. Special services, though usually military, now and again had to do with the administration of justice. A man enjoyed his plot because he was coroner, keeper of the peace, summoner, or what over and above the he had the fees of the office. not ; and, land, A few offices, chiefly legal, came to have no land attached were only paid in fees. Such a business was a serjeanty in gross, or at Vol. The Yellow Book X. p large, 246 The Serjeant-at-Law large, as one might say.
    [Show full text]
  • Ministry of Justice Letterhead
    The Right Honourable Robert Buckland QC MP Lord Chancellor & Secretary of State for Justice Sir Bob Neill MP Chair of the Justice Committee House of Commons MoJ Ref: 86346 SW1A 0AA 17 March 2021 Dear Bob, INDEPENDENT REVIEW OF ADMINISTRATIVE LAW I am writing to let you and your Committee know that the Independent Review of Administrative Law has now concluded its work and the Panel’s report has been submitted to Ministers. Despite the circumstances under which the Panel worked, with the majority of their discussions having to take place virtually, they have produced an excellent, comprehensive report. I believe it goes much further than previous reviews in the use of empirical evidence and in consideration of some of the wider issues of Judicial Review, such as the evolving approach to justiciability and the arguments for and against codification. The Panel set out a number of recommendations for reform which the Government has considered carefully. I agree with the Panel’s analysis and am minded to take their recommendations forward. However, I feel that the analysis in the report supports consideration of additional policy options to more fully address the issues they identified. Therefore, I will very shortly be launching a consultation on a range of options which I want to explore before any final policy decisions are made. The IRAL call for evidence elicited many helpful submissions on Judicial Review and we are not seeking to repeat that exercise. Rather, we want consultees to focus on the measures in the consultation document. They set out our full range of thinking, which is still at an early stage, and respondents’ contributions to the consultation will help us decide which of the options to take forward.
    [Show full text]
  • Cap. 91 Supreme Court of Judicature
    BELIZE SUPREME COURT OF JUDICATURE ACT CHAPTER 91 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 SUPREME COURT OF JUDICATURE ACT 18 Amendments in force as at 31st December, 2000. BELIZE SUPREME COURT OF JUDICATURE ACT CHAPTER 91 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 SUPREME COURT OF JUDICATURE ACT 18 Amendments in force as at 31st December, 2000. Supreme Court of Judicature [CAP. 91 3 CHAPTER 91 SUPREME COURT OF JUDICATURE ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title. 2. Interpretation. PART II Officers of the Court, etc. Seal 3. Seal. The Registry and Officers of the Court 4. The registry and the Registrar. 5. Registrar to have power of judge in chambers. 6. Deputy registrar and assistant registrar. 7. Salaries of Registrar, deputy registrar and assistant registrar. 8. Qualification of Registrar. 9. Registrar to administer oaths. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of []the Government of Belize.
    [Show full text]
  • 0-9 Bracegirld NZ Courtsnov 06
    The Courts and Parliament: Further cases and other developments in New Zealand Allan Bracegirdle ∗∗∗ Introduction A previous article examined a number of cases in New Zealand bearing on the relationship between the courts and Parliament in the new MMP (Mixed Member Proportional) parliamentary environment, with particular reference to cases in the area of defamation raising issues of parliamentary privilege. 1 The major case in the latter area has since come to a conclusion in the Privy Council, New Zealand’s highest court until its replacement by a domestically based Supreme Court in 2004. There have also been a number of other cases and other developments of interest to the relationship between the courts and Parliament over the course of the last Parliament (2002–5). General Cases and Related Developments Concerning Parliament Unsurprising Decisions The courts have continued to dispose of some cases raising issues of a constitutional kind. For example, in Milroy v Attorney-General ,2 an application for judicial review of officials’ advice and Ministerial decisions relating to a Treaty of Waitangi claim settlement, the Court of Appeal upheld a High Court decision to decline to get involved. It said it would not interfere in the formulation of government policy preparatory to the introduction of legislation. It reiterated the concern it had expressed in another recent case, involving a challenge to a Government decision to disband the combat section of the Royal New Zealand Air Force, that it will often be constitutionally inappropriate for the courts to review policy or political decisions of such a character as to make them legally non-justiciable.
    [Show full text]