This Act is the Judicial Review Procedure Act 2016.
Judicial Review Procedure Act 2016
| Jurisdiction | New Zealand |
| Citation | 2016 No 50 |
| Reference | 2016 No 50 |
| Record Number | DLM6942104 |
| Act Number | 50 |
| Type of Document | Act |
This Act comes into force on 1 March 2017.
Preliminary provisions
The purpose of this Act is to re-enact Part 1 of the Judicature Amendment Act 1972, which sets out procedural provisions for the judicial review of—
- the exercise of a statutory power:
- the failure to exercise a statutory power:
- the proposed or purported exercise of a statutory power.
The reorganisation in this Act of those provisions, and the changes made to their style and language, are not intended to alter the interpretation or effect of those provisions as they appeared in the Judicature Amendment Act 1972.
In this Act, unless the context otherwise requires,—
applicant means a person who has filed an application
application for judicial review and application mean an application for judicial review in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power
court means the High Court of New Zealand
decision includes a determination or an order
High Court Rules means the High Court Rules 2016
Judge means a Judge of the High Court
licence includes any permit, warrant, authorisation, registration, certificate, approval, or similar form of authority required by law
person includes a corporation sole, and also a body of persons whether incorporated or not and, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power of decision, includes—
- the District Court:
- the Māori Land Court:
- the Māori Appellate Court
presiding officer includes—
- a Judge:
- a Registrar
statutory power has the meaning given to it by section 5
statutory power of decision means a power or right conferred by or under any Act, or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate, to make a decision deciding or prescribing or affecting—
- the rights, powers, privileges, immunities, duties, or liabilities of any person; or
- the eligibility of any person to receive, or to continue to receive, a benefit or licence, whether that person is legally entitled to it or not.
1972 No 130 s 3
In this Act, statutory power means a power or right to do any thing that is specified in subsection (2) and that is conferred by or under—
- any Act; or
- the constitution or other instrument of incorporation, rules, or bylaws of any body corporate.
The things referred to in subsection (1) are—
- to make any secondary legislation; or
- to exercise a statutory power of decision; or
- to require any person to do or refrain from doing anything that, but for such requirement, the person would not be required by law to do or refrain from doing; or
- to do anything that would, but for such power or right, be a breach of the legal rights of any person; or
- to make any investigation or inquiry into the rights, powers, privileges, immunities, duties, or liabilities of any person.
1972 No 130 s 3
This Act binds the Crown.
However, in its application to the Crown, this Act must be read subject to the Crown Proceedings Act 1950.
1972 No 130 ss 13, 14(2)
This Act is subject to the provisions of the Employment Relations Act 2000 relating to the jurisdiction of the Employment Court and High Court in respect of—
- applications for review; or
- proceedings for a writ or order of, or in the nature of, mandamus, prohibition, or certiorari; or
- proceedings for a declaration or injunctions against any body constituted by, or any person acting under, the Employment Relations Act 2000.
In particular, this Act is subject to the following provisions of the Employment Relations Act 2000:
- section 184 (which restricts review proceedings being brought in respect of any matter before the Employment Relations Authority):
- section 187(1)(h), (i), (j), and (ka) (which confers on the Employment Court exclusive jurisdiction to hear and determine certain proceedings and applications):
- section 194A (which provides that review proceedings in relation to an employment relationship problem may not be brought in either the Employment Court or the High Court):
- section 213 (which confers on the Court of Appeal exclusive jurisdiction in relation to the review of any proceedings before the Employment Court).
1972 No 130 s 3A
Judicial review
An application must be commenced by filing in the High Court—
- a statement of claim; and
- a notice of proceeding.
Part 5 of the High Court Rules applies in relation to the commencement and filing of an application as if—
- references to a plaintiff were references to an applicant; and
- references to a defendant were references to a respondent.
The statement of claim need not state that any of the following relief is sought:
- mandamus:
- prohibition:
- certiorari:
- declaration:
- injunction.
1908 No 89 Schedule 2 r 30.3(1); 1972 No 130 s 9(1), (3), (7)
The following persons must be named as a respondent to an application:
- the person whose act or omission is the subject matter of the application; and
- if the application relates to any decision made in proceedings, every party to those proceedings.
If the act or omission is that of 2 or more persons acting together under a collective title, then those persons by their collective title must be named as respondents to the application.
For the purposes of subsection (1)(a), where the act or omission is that of a...
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