IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2021-404-001793 CIV-2021-404-001980
CIV-2021-404-001981 [2022] NZHC 405
UNDER Judicial Review Procedure Act 2016, Habeas Corpus Act 2001 and Declaratory Judgments Act 1908 BETWEEN
DERMOT GREGORY NOTTINGHAM and ROBERT EARLE MCKINNEY
Applicants
AND
ATTORNEY-GENERAL
Respondent
Hearing: 3 March 2022 Appearances:
D Nottingham and R E McKinney in person
M L Clarke-Parker and C Sinclair for Respondent
Judgment:
9 March 2022
JUDGMENT OF WOOLFORD J
This judgment was delivered by me on Wednesday, 9 March 2022 at 2:00 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors: Meredith Connell, Wellington Copy to: D G Nottingham
R E McKinney
NOTTINGHAM v ATTORNEY-GENERAL [2022] NZHC 405 [9 March 2022]
[1] The plaintiffs, Dermot Gregory Nottingham and Robert Earlie McKinney, have filed three proceedings in the High Court at Auckland. The first is a statement of claim dated 16 September 2021 under the Judicial Review Procedure Act 2016.1 The second is a statement of claim dated 22 September 2021 under the Declaratory Judgments Act 1908.2 The third is an application dated 24 September 2021 for a writ of habeas corpus.3
[2] Each proceeding is a challenge to the Government’s actions taken in response to the COVID-19 pandemic. They have been case managed together.
[3] In a minute dated 3 November 2021, I expressed the view that the three proceedings were unable to be sensibly adjudicated in their present form such that a hearing for them could not reasonably be allocated at that stage. I said that considerable refinement of the pleadings was required together with the filing of evidence (including expert evidence) to support the allegations made in the pleadings. The plaintiffs have not amended the pleadings, nor have they filed any evidence. They maintain that the Government’s actions are self-evidently unlawful.
[4] The respondent Attorney-General accordingly filed an application, dated 12 November 2021, to strike out the three proceedings, and to the extent that any part of the proceedings is permitted to proceed, seeking an order requiring the plaintiffs to give security for costs.
[5] The plaintiffs filed a notice of opposition to the respondent’s strike-out application on 17 February 2022. Then, on 28 February 2022, the plaintiffs filed an urgent interlocutory application for an injunction and immediate declaratory orders in all three proceedings.
1 CIV-2021-404-1793.
2 CIV-2021-404-1981.
3 CIV-2021-404-1980.
Notice of opposition
[6] The notice of opposition to the Attorney-General’s application filed by the plaintiffs is said to contain “inbuilt submissions”. The plaintiffs annex four documents to their notice:
(a)Medsafe Safety Report #39 – Adverse events following immunisation with COVID-19 vaccines;
(b)Video of a young man who allegedly had a severe adverse reaction to vaccination;
(c)Report on role of Centre for Adverse Reactions Monitoring (CARM); and
(d)NZ Herald article dated 16 February 2022 entitled “Big Outbreak predicted as NZ modellers take swipe at earlier ‘50,000 by Waitangi Day’” and article entitled “Applying Siracusa: A Call for a General Comment on Public Health…
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