Keeley v New Zealand Transport Agency

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

CaseChat Overview and Summary

The case of Keeley v New Zealand Transport Agency involved Joseph Keeley, who had his appointment as a Vehicle Inspector for warrant of fitness inspections suspended by the New Zealand Transport Agency. The dispute centred around the immediate suspension of Mr Keeley's appointment and the subsequent suspension of TTP Taupo Ltd, the organisation under which Mr Keeley operated. The High Court at Tauranga was tasked with addressing the interim relief sought by Mr Keeley against these suspensions. The primary legal issue was whether the interim relief granted to Mr Keeley should also apply to the suspension of TTP Taupo Ltd’s appointment as an inspecting organisation. The court had to consider the consequential effects of the suspension on Mr Keeley and the timing of the notices served to both Mr Keeley and TTP Taupo Ltd.

Brewer J, in granting the interim relief, highlighted the immediate impact of the suspension on Mr Keeley's professional capacity. The court acknowledged the interconnectedness of Mr Keeley's appointment with that of TTP Taupo Ltd, leading to the practical conclusion that the relief granted should extend to the organisation. The judge also noted the potential disregard of the court's earlier judgment by the New Zealand Transport Agency, which could have implications for costs. The court issued orders to prohibit further action on the suspension of TTP Taupo Ltd’s appointment and to deem the appointment as continuing until Mr Keeley's appeal and application for judicial review were determined. This decision ensured continuity in Mr Keeley's professional obligations while the legal disputes were ongoing.

The final orders mandated that the New Zealand Transport Agency could not proceed with any actions arising from the suspension of TTP Taupo Ltd and that the organisation's appointment would remain in effect until the resolution of Mr Keeley’s legal proceedings. The court also reserved the right to award costs to TTP Taupo Ltd if it was found that the agency had acted in disregard of the court’s prior judgment. This judgment underscored the importance of respecting judicial decisions and the impact of administrative actions on the rights of individuals and organisations involved in regulatory appointments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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