Hall v Brown

Case [2024] NZHC 1897


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-1176

[2024] NZHC 1897

UNDER the Judicial Review Procedure Act 2016

IN THE MATTER OF

an application for review of a decision under Clause 6 of Schedule 2 of the Local Government (Auckland Council) Act 2009

BETWEEN

RAYMOND PHILLIP HALL

Applicant

AND

Billy Brown, Zoe Hawke, Kiwi Johnson, Mook Hohnek, David Taipari, Danella Roebeck, Taumata Toki, Nick Maaka, John McEnteer,

Riikii Minhinick, Aperahama Edwards, Michael Baker, Glenn Wilcox, Marama Royal, Karen Wilson, Edwards Ashby, William Peters, Anahera Morehu, Georgina Curtis-Conelly, Parekawhia McLean, AS MEMBERS OF THE SELECTION BODY ESTABLISHED UNDER THE LOCAL GOVERNMENT (AUCKLAND COUNCIL) ACT 2009

First Respondent

Cont:/

Hearing: 24 June 2024

Appearances:

C B Hirschfeld and J P Hickey for Applicant

P F Majurey and T S D Hoby for First Respondent

Judgment:

11 July 2024


JUDGMENT OF O’GORMAN J


This judgment was delivered by me on 11 July 2024 at 4 pm pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

…………………………………

HALL v BROWN [2024] NZHC 1897 [11 July 2024]

…cont’d

ANDTHE INDEPENDENT MĀORI STATUTORY BOARD

Second Respondent

Solicitors/Counsel:

Hickey Law, Auckland

C B Hirschfeld, Auckland

Holm Majurey Law, Auckland

[1]    In this proceeding, Raymond Hall brings a judicial review challenge of the first respondent Selection Body’s decision that he was ineligible for appointment to the Independent Māori Statutory Board (IMSB) as a mataawaka1 representative.

[2]    Prior to the judicial review application being set down for hearing, this judgment determines an application for discovery made by the applicant, Mr Hall. The applicant has sought the following categories of tailored discovery:

2.1All relevant documents of the Selection Body, including but not limited to:

(a)the information counsel for the first respondent provided on whakapapa for all applicants, i.e., Mr Hall, Mr Henare, and Mr Kake;

(b)the report by counsel for the first respondent to  the  Selection Body  as  referred  to  in  paras   8   and   10a  of Ms Wilson’s affidavit;

(c)evidence of all whakapapa enquiries made of all candidates, i.e., Mr Hall, Mr Henare, and Mr Kake, including copies of all documents, particularly given the comment in para 10f of  Ms Wilson’s affidavit; and

(d)evidence of the whakapapa enquiries made by Ms Stones on all three candidates as referred to in para 10f of Ms Wilson’s affidavit.


1      This is the spelling adopted in the Local Government (Auckland Council) Act 2009, but it can also be spelled “matāwaka”.

2.2The following further categories:

(a)all notes of all administrative and secretarial work carried out on behalf of the first respondent, including any of its members and/or for Auckland Council in relation to the first respondent, including work carried out by Ms Stones or any others working in the same or similar capacity for Holm Majurey (Atkins Holm Majurey);

(b)a copy of all internet searches carried out and any social media regarding whakapapa for Mr Henare, Mr Kake, and Mr Hall;

(c)in accordance with the minutes of the Selection Body…

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Hall v Brown [2024] NZHC 1897
Case
[2024] NZHC 1897
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CaseChat Overview and Summary

In the case of Hall v Brown, Raymond Hall challenges the decision of the Selection Body that he was ineligible for appointment as a mataawaka representative to the Independent Māori Statutory Board (IMSB). The legal issues before the court include the discretionary nature of discovery in judicial review proceedings and the interpretation of the phrase "in a mana whenua group" within the Local Government (Auckland Council) Act 2009. The court examined the relevance and necessity of various categories of documents sought by Hall, balancing the principles of expediency and proportionality against the duty of candour owed by decision-makers. The court found that while some documents were already disclosed, certain key materials, such as the report provided to the Selection Body, were relevant and should be disclosed, subject to redactions for legally privileged information. The court also highlighted the importance of understanding the legal test applied by the Selection Body for determining eligibility. The final decision on the application for discovery was mixed, with some categories dismissed and others ordered to be disclosed within a specified timeframe. The court reserved the costs of the application pending the outcome of the substantive judicial review proceedings.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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