Inder v Commissioner of Crown Lands HC CHCH CIV 2009 409 001219

The plaintiffs, a syndicate of pastoral occupation licence holders, commenced proceedings against the Commissioner of Crown Lands, seeking judicial review of the Commissioner's decisions regarding the tenure of certain land. The Commissioner applied for an order transferring the proceedings to the Wellington registry, arguing that the Christchurch registry was improper. The plaintiffs opposed the application, arguing that the Commissioner had waived any right to object to the registry by taking certain steps in the proceedings. The court examined the relevant rules and authorities, finding that the Commissioner's application was barred by the statutory waiver provisions. The court held that once the Commissioner took a "fresh step" in the proceedings, by filing a statement of defence and a notice for further particulars, any subsequent application for transfer was too late. Accordingly, the court refused the Commissioner's application for transfer and reserved costs.