Christian Congregation of Jehovah's Witnesses (Australasia) Limited v Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-Based Institutions

[2023] NZHC 2985

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2023-404-525

[2023] NZHC 2985

UNDER

the Judicial Review Procedure Act 2016

BETWEEN

CHRISTIAN CONGREGATION OF JEHOVAH’S WITNESSES (AUSTRALASIA) LIMITED

Applicant

AND

ROYAL COMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OF FAITH- BASED INSTITUTIONS

First Respondent

AND

ATTORNEY-GENERAL

Second Respondent

Hearing:

9 – 11 October 2023

Counsel:

P T Rishworth KC, S P Jerebine and B R Prewett for Applicant S J M Mount KC, R F Harvey-Lane and T M F Powell for First Respondent

A S Butler KC, J E L Carruthers and J N E Varuhas for Second Respondent

Judgment:

25 October 2023

RESULTS JUDGMENT OF ELLIS J

[1]                 I am acutely aware that I have now missed my latest self-imposed deadline for delivering a judgment in this matter.

[2]                 Regrettably I am now (and will be for the next two and a half weeks) presiding over a multi-defendant criminal trial in Hamilton, which is proving to be distracting.

CHRISTIAN CONGREGATION OF JEHOVAH’S WITNESSES (AUSTRALASIA) LTD v ROYAL

COMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OF FAITH-BASED INSTITUTIONS & ANOR [2023] NZHC 2985 [25 October 2023]

[3]                 So although my judgment is well-advanced and has been prepared in draft, my present circumstances mean that I have, as yet, been unable to finalise it.

[4]                 I have, however, been able to reach a firm view as to the outcome. So I am issuing this results judgment now, in order that the Royal Commission (in particular) can order its affairs.

[5]                 The result is that none of the causes of action have succeeded: the application for judicial review is dismissed.

[6]                 At the risk of setting myself yet another deadline that I am then unable to meet, I will use my best endeavours to deliver my reasons by the close of play on Monday, 30 October 2023.

Rebecca Ellis J