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Judicial Review
In recent years there has been a significant rise in the use of judicial reviews to challenge the decisions and decision making processes of regulators and other bodies.
Our team of experienced litigators help clients face the challenges of public decision making. When matters need to be decided in court, we have a track record of successfully securing results for our clients in the High Court, Court of Appeal and Supreme Court.
Advising decision makers and defending challenges
We act for Crown, Crown entity and local government decision makers to assist in getting the decision-making process right and, when needed, defend their decisions from challenge in court. Our understanding of the operation of the core and wider Crown, and of local government, mean that we deeply understand the issues in play and the challenges of public decision making.
Engaging with government and challenging decisions
We help companies to challenge decisions which go against their core interests. We advise on how to engage with government departments, regulators and public decision makers and, where necessary, how to challenge these decisions.
Interim orders applications and injunctions
Our team are also experienced in both securing and responding to urgent interim orders applications and injunctions seeking to prevent public law decisions coming into effect.
Work Highlights
Defending local authorities' most significant decisions
We acted for Auckland City Council, Northland Regional Council and Kaipara District Council in their successful defence of various illegality challenges to targeted rates (all the way to the Supreme Court), due dates for payment of rates, and collection arrangements for rates.
We successfully defended, in the Supreme Court, challenges to decisions relating to Auckland Council's Provisional Local Alcohol Policy.
We acted for Auckland Transport in successfully defending a challenge to its decisions on the Regional Land Transport Plan for alleged inconsistency with climate change objectives in the GPS on Land Transport.
We acted for Napier City Council in its successful defence of challenges to its decision to close an aquatic centre and build a new pool complex at a different location.
Challenges brought by ‘public interest’ and community groups to our clients’ decisions, or decisions our clients benefited from
We acted for Oceana Gold in a challenge by Coromandel Watchdog to its actions in Waihi.
We acted for OMV in its successful defence of a challenge by Greenpeace NZ to EPA decision-making processes relating to oil and gas exploration in the Great South Basin.
We acted for Auckland Council in a challenge brought by protesters occupying Owairaka/Mt Albert who oppose an extensive tree removal programme by the Tupuna Maunga Authority.
Overseas Investment Act
We have acted for a number of overseas investors in both challenging and defending overseas investment approvals and Ministerial decisions.
Acting for and against Crown regulators
We acted for WorkSafe in a judicial review following the White Island/Whakaari eruption.
We brought judicial review proceedings against the regulatory decisions of NZQA on behalf of a large Private Training Establishment.
Interim orders applications and injunctions
Acting for Auckland Council, we successfully resisted an application by Save the Queen Street Society for interim orders preventing the implementation of streetscape upgrades in Downtown Auckland.
We successfully resisted an interim orders application for Bunnings New Zealand which would have had the effect of delaying an imminent Tribunal hearing, on the basis of judicial bias and predetermination allegations.
We acted for New Zealand Defence Force in successfully resisted an interim orders application to prevent the discharge of a naval rating on behalf of the New Zealand Navy, where legitimate expectation and discrimination were alleged.
We acted for Fire and Emergency New Zealand as a respondent in a challenge to the scope of Ministerial powers of direction under the Crown Entities Act.
