District Court at Christchurch v McDonald

In this case, the Court of Appeal reviewed two directions made by judges of the District Court at Christchurch, which precluded registrars from granting bail in family violence cases. Craig Lee McDonald, a defendant charged with a family violence offence, sought a judicial review of the directions. The High Court found the directions unlawful, but McDonald's application for costs was dismissed. Both parties appealed to the Court of Appeal.

The legal issues the Court of Appeal had to decide were whether the directions were made lawfully and whether they were inconsistent with statutory provisions. The Court of Appeal found that the directions were made within the inherent powers of the judges to supervise and direct registrars in the conduct of judicial business, and that the statutory provisions did not oust these inherent powers.

The Court of Appeal allowed the appeal by the District Court and set aside the declaration made by the High Court. The Court dismissed McDonald's appeal as to costs. There were no orders for costs in either appeal.