Keeley v New Zealand Transport Agency

[2019] NZHC 3496

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV2019-470-132

[2019] NZHC 3496

BETWEEN

JOSEPH KEELEY

Plaintiff

AND

NEW ZEALAND TRANSPORT AGENCY

Defendant

Hearing:	(On the papers)
Counsel:	J L S Shaw and C A Donaldson for Plaintiff
Judgment:	20 December 2019

JUDGMENT (NO.2) OF BREWER J

Solicitors:

Wynn Williams (Christchurch) for Plaintiff

KEELEY v NEW ZEALAND TRANSPORT AGENCY [2019] NZHC 3496 [20 December 2019]

[1]    On 20 December 2019 I granted Mr Keeley interim relief on a without notice basis in respect of a notice of suspension served on Mr Keeley on 17 December 2019 suspending his appointment as a Vehicle Inspector for warrant of fitness inspections with immediate effect.

[2]    I have today received a memorandum of counsel for Mr Keeley in respect of TTP Taupo Ltd of which Mr Keeley is a director and shareholder. Mr Keeley operates his appointment as a Vehicle Inspector under the Organisation Appointment of TTP Taupo Ltd.

[3]    TTP Taupo Ltd has now been served with a notice of immediate suspension of its appointment as an inspecting organisation. The practical effects for Mr Keeley are the same as those I addressed in my judgment.

[4]    The notice is dated 18 December 2019 and I do not know whether it was served after the New Zealand Transport Agency had received a copy of my judgment.

[5]    Counsel for Mr Keeley seeks a direction that the interim relief given in my judgment also applies to the immediate suspension of TTP Taupo Ltd’s appointment as an inspecting organisation.

[6]I make the following orders:

(a)Prohibiting the New Zealand Transport Agency from taking any further action that is or would be consequential on the decision to suspend TTP Taupo Ltd’s appointment as an inspecting organisation; and

(b)Declaring that TTP Taupo Ltd’s appointment be deemed to continue in force until Mr Keeley’s appeal of his suspension and application for judicial review of the suspension have  been  determined,  or  until  Mr Keeley’s on notice application for interim relief is determined.

[7]    If the New Zealand Transport Agency had notice of my judgment before serving TTP Taupo Ltd with the notice of immediate suspension then I will be inclined

to award party and party costs to TTP Taupo Ltd. I will receive memoranda from the parties no later than 1 February 2020.

Brewer J