Skills Active Aotearoa Limited v Minister of Education

[2019] NZHC 1918

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2019-485-212

[2019] NZHC 1918

BETWEEN

SKILLS ACTIVE AOTEAROA LIMITED

Applicant

AND

THE MINISTER OF EDUCATION

First Respondent

AND

THE CHIEF EXECUTIVE OF THE MINISTRY OF EDUCATION

Second Respondent

AND

THE CHIEF EXECUTIVE OF THE

TERTIARY EDUCATION COMMISSION

Third Respondent

Hearing:

22–23 July 2019 and 7 August 2019

Appearances:

H J P Wilson and S I Jones for Applicant

S M Smith and S Connolly for Respondent

Judgment:

7 August 2019

JUDGMENT OF GRICE J

(Results)

[1]                I dismiss the application for judicial review and will deliver my reasons in due course.

[2]                I grant the application to strike out parts of Mr Napia’s affidavit in accordance with the application brought by the Crown. Reasons for that decisions will also be delivered in my judgment.

[3]                Counsel agreed that costs should follow the event in the usual manner calculated on a 2(b) basis. Accordingly I make that order for costs against the

SKILLS ACTIVE AOTEAROA LIMITED v THE MINISTER OF EDUCATION [2019] NZHC 1918 [7 August 2019]

applicant. If counsel are unable to agree on the calculation of costs, leave is reserved to file memoranda on the issue following the release of the reasons judgment.

Grice J

Solicitors:

Kensington Swan, Wellington for Applicant Crown Law Office, Wellington for Respondent