Bus and Coach Association (New Zealand) Incorporated v Attorney-General

[2020] NZHC 1474

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2020-485-321

[2020] NZHC 1474

BETWEEN

BUS AND COACH ASSOCIATION (NEW ZEALAND) INCORPORATED
Applicant

AND

ATTORNEY-GENERAL

First Respondent

SECRETARY OF EDUCATION

Second Respondent

Hearing:

26 June 2020

Counsel:

M Chen and C J Saunders for applicant

C J Curran, M W McMenamin and C M Marks for respondents

Judgment:

26 June 2020

JUDGMENT OF DOBSON J

[Result]

[1]                 The grounds for the applicant’s application for judicial review were well aired at very short notice this morning.

[2]                 The interim orders sought are to prevent the second respondent’s tender process “going live” next Monday, 29 June 2020. I indicated to counsel at the end of argument that, to meet that deadline, I would provide a result on the interim orders application this afternoon, with reasons for my judgment to follow as soon as possible, hopefully next week.

[3]                 I am not persuaded that interim relief is warranted and accordingly the application is dismissed.

BUS AND COACH ASSOCIATION (NEW ZEALAND) INCORPORATED v ATTORNEY-GENERAL [2020] NZHC 1474 [26 June 2020]

[4]                 I have left counsel to confer on a timetable for steps to have the substantive application for judicial review prepared for hearing on 8 and, if necessary, 9 July 2020. Counsel may refer differences over the timetable back to me for direction.

[5]                 Costs issues are deferred for consideration in light of the substantive determination.

Dobson J

Solicitors:

Chen Palmer, Auckland for applicant

Russell McVeagh, Wellington for respondents