Moonen v Film and Literature Board of Review

JurisdictionNew Zealand
Date2000
CourtCourt of Appeal
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38 cases
  • Nsw Council for Civil Liberties Inc. v Classification Review Board (No. 2)
    • Australia
    • Federal Court
    • Invalid date
  • Attorney-General v Arthur William Taylor
    • New Zealand
    • Supreme Court
    • 9 November 2018
    ... [2007] NZSC 7, [2007] 3 NZLR 1. 31 At [253]. See also the comments at [254] and [259]. 32 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 (CA) at 33 See, for example, R v Poumako [2000] 2 NZLR 695 (CA). In that case Thomas J (dissenting) would have granted a declaration: at [7......
  • New Health New Zealand Inc. v South Taranaki District Council and another
    • New Zealand
    • Supreme Court
    • 27 June 2018
    ...as principled rather than prescriptive …”) and at [93] (“The Moonen approach [referring to Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 (CA) ( Moonen No 1)] was not intended to be mandatory”); and McGrath J at [191] (“it will usually be appropriate for a court first to consi......
  • Taylor v Attorney-General of New Zealand
    • New Zealand
    • High Court
    • 24 July 2015
    ...in which a proceeding had been “commenced for the purpose of seeking the declaration as a stand-alone remedy”. 51 42 In Moonen v Film and Literature Board of Review, 52 Tipping J, for the Court of Appeal, 53 said that the incorporation of a provision in the form of s 5 into a Bill of Rights......
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1 firm's commentaries
  • Courts invited to speak up on rights
    • New Zealand
    • Mondaq New Zealand
    • 3 March 2018
    ...NZLR 791 at [70]. 3 Attorney-General v Taylor [2017] NZCA 215; [2017] 3 NZLR 24 at [162]. 4 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9 (CA) at [20]; R v Hansen [2007] NZSC 7 [2007] 3 NZLR 1 at [253]. See also R v Poumako [2000] 2 NZLR 692 (CA) at [99]; and Quilter v Attorn......
11 books & journal articles
  • A Minimalist Charter of Rights for Australia: The UK or Canada as a Model?
    • United Kingdom
    • Federal Law Review No. 37-3, September 2009
    • 1 September 2009
    ...3. 23 Human Rights Act 1998 (UK) c 42, s 4. 24 Human Rights Act 1998 (UK) c 42, s 4(6). 25 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9. 26 Tate, above n 16, 234. 27 Jeremy Waldron, 'Some Models of Dialogue Between Judges and Legislators' in Grant Huscroft and Ian Brodie (ed......
  • Constitutional Limits on Bills of Rights Introduced by a State or Territory
    • United Kingdom
    • Federal Law Review No. 35-3, September 2007
    • 1 September 2007
    ...17 Oxford Journal of Legal Studies 323, 339. 42 Bill of Rights Act 1990 (NZ) ss 4, 5. 43 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9, 17 (emphasis added); see also Quilter v A-G [1998] 1 NZLR 523, 554 (Thomas J); Manga v A-G of New Zealand [2000] 2 NZLR 65, 84 (Hammond J); ......
  • Human Rights Protection in Australia: Interpretation Provisions and Parliamentary Supremacy
    • United Kingdom
    • Federal Law Review No. 32-1, March 2004
    • 1 March 2004
    ...Appeal cases involving the Bill of Rights Act, ss 4 and 6, see R v Pora [2001] 2 NZLR 37; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; Simpson v Attorney-General [1994] 3 NZLR 667 ('Baigent's Case'). See generally Grant Huscroft and Paul Rishworth (eds), Rights and Freedoms......
  • Human Rights Protection in Australia: Interpretation Provisions and Parliamentary Supremacy
    • United Kingdom
    • Federal Law Review No. 32-1, March 2004
    • 1 March 2004
    ...Appeal cases involving the Bill of Rights Act, ss 4 and 6, see R v Pora [2001] 2 NZLR 37; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; Simpson v General [1994] 3 NZLR 667 ('Baigent's Case'). See generally Grant Huscroft and Paul Rishworth (eds), Rights and Freedoms: The New......
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