Chief of Defence Force v Four Members of the Armed Forces

[2024] NZSC 75

NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF THE RESPONDENTS REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 20/2024
 [2024] NZSC 75

BETWEEN	CHIEF OF DEFENCE FORCE First Applicant CHIEF PEOPLE OFFICER Second Applicant ATTORNEY-GENERAL Third Applicant
AND	FOUR MEMBERS OF THE ARMED FORCES Respondents

Court:	Glazebrook, Ellen France and Miller JJ
Counsel:	A M Powell for Applicants M I Hague for Respondents
Judgment:	8 July 2024

JUDGMENT OF THE COURT

ALeave to appeal is granted (Four Members of the Armed Forces v Chief of Defence Force [2024] NZCA 17).

BThe approved question is whether the Court of Appeal was correct to allow the appeal.

____________________________________________________________________

REASONS

1. Leave is granted in general terms, but counsel should focus on whether, to use the applicants’ terminology, the Court of Appeal failed to allow a sufficient margin of appreciation when assessing the individual readiness requirements against s 5 of the New Zealand Bill of Rights Act 1990.  The grant of leave extends to the nature and extent of justification evidence required and the specificity of pleadings.

Solicitors:

Te Tari Ture o te Karauna | Crown Law Office, Wellington for Applicants
Frontline Law, Wellington for Respondents