The New Zealand Maori Council v The Attorney-General

[2000] NZCA 116

IN THE COURT OF APPEAL OF NEW ZEALAND CA 134/00

BETWEEN	THE NEW ZEALAND MAORI COUNCIL
Applicant

AND	THE ATTORNEY-GENERAL
First Respondent

AND	THE MINISTER OF COMMUNICATIONS
Second  Respondent

AND	THE SECRETARY OF COMMERCE
Third Respondent

AND	RANGIAHO THERESA EVERTON
Fourth Respondent

Hearing:	7 July 2000
Coram:	Richardson P Gault J Keith J
Appearances:	P T Harman for Applicant H M Aikman for First, Second and Third Respondents L H Watson for Fourth Respondent (written submission)
Judgment:	7 July 2000

JUDGMENT OF THE COURT DELIVERED BY RICHARDSON P

1. Following a hearing this evening, at which Mr Harman and Ms Aikman made oral submissions and Mr Watson provided submissions by fax, we refused the New Zealand Maori Council's application for a declaration that the Crown take no further steps in proceeding with the internet auction of management rights to the two gigahertz radio spectrum scheduled to begin on 10 July 2000, pending the hearing of the appeal on Thursday 13 July 2000.

2. Earlier today two Judges who had considered the judgment under appeal and the grounds stated in the Notice of Appeal ruled:

   We are satisfied it [the appeal] does not warrant arranging an immediate hearing today.   The appeal should be processed in the ordinary way and the appellant, if so advised, may seek an early fixture.

3. Having heard counsel and considered the faxed submissions, we are not persuaded that the matters advanced this evening justify the issue of a stay before the hearing on Thursday.

Solicitors
Don Leyland, Wairoa, for Applicant
Crown Law Office, Wellington for First, Second and Third Respondents
Hanning Connor, Wellington, for Fourth Respondent