Bradfield v Attorney-General

[2019] NZHC 1508

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2019-485-334

[2019] NZHC 1508

UNDER

the Judicial Review Procedure Act 2016 and Part 30 of the High Court Rules

IN THE MATTER OF

an application for judicial review of a decision made by or on behalf of the Chief of Navy

BETWEEN

CRAIG ANTHONY BRADFIELD

Plaintiff

AND

ATTORNEY-GENERAL

First Defendant

CHIEF OF NAVY
Second Defendant

DAVID JOHN FAIRWEATHER

Third Defendant

Hearing:	26 June 2019
Counsel:	C J Griggs and C M Kenworthy for plaintiff S V McKechnie for defendants
Judgment:	28 June 2019

RESULTS JUDGMENT OF DOBSON J

[1]    In  these  judicial  review  proceedings,  commenced   on   17 June   2019,  Mr Bradfield has filed an application for interim orders under s 15 of the Judicial Review Procedure Act 2016 to prevent his  notified  dismissal  from  the  Royal  New Zealand Navy taking effect on Monday, 1 July 2019.

BRADFIELD v ATTORNEY-GENERAL [2019] NZHC 1508 [28 June 2019]

[2]    I heard counsel on the interim orders application in circumstances of considerable urgency on the afternoon of Wednesday, 26 June 2019. At the conclusion of the hearing, I warned counsel that the extent of my other commitments as Duty Judge this week might preclude the completion of a reasoned judgment on the application before a decision was required by today.

[3]    That has proven to be the case and I am accordingly issuing a results judgment with the intention of providing reasons for it as soon as other commitments allow.

[4]    I decline the application for interim orders. I do so on terms that no steps that the Navy might take between release of this judgment and final determination of the application for judicial review can have any bearing on the merits of the substantive argument, or on the scope of any relief. By way of example, if a new bassoonist is employed hereafter, then that circumstance could not have any bearing on the appropriate relief if grounds for review are made out.

[5]    I will endeavour to produce the reasons for this decision in the course of next week.

Dobson J

Solicitors:

Stephens Lawyers, Wellington for plaintiff/applicant Simpson Grierson, Wellington for defendants/respondents