Tully v Chief Executive, Department of Corrections

The High Court of New Zealand considered an application for judicial review brought by Russell John Tully against the Chief Executive of the Department of Corrections. Mr Tully filed an application for judicial review without identifying the decision he sought to review or the grounds for his application, and the application was subsequently returned by the Registrar. Mr Tully refiled the application unchanged, but it still failed to meet the necessary requirements for judicial review. The Court was required to decide whether the application complied with the necessary procedural requirements and whether it should be struck out.

The Court found that the application did not meet the requirements of the High Court Rules (HCR) and the Judicial Review Procedure Act 2016 (JRPA). The application failed to identify the decision that Mr Tully sought to review, the decision-maker, and the grounds for review. Furthermore, the application sought interim injunctions without notice to the respondent, which is not permissible. The Court held that the application should not have been accepted for filing, and the proceedings were struck out.

The Court noted that Mr Tully's application was unintelligible and did not disclose a tenable cause of action. The Court advised Mr Tully of his right to appeal the decision to strike out the proceedings. The Court also directed that a copy of the decision be forwarded to the Chief Executive of the Department of Corrections. Mr Tully was advised to seek legal assistance and consider applying for legal aid if he wished to pursue judicial review of any decisions.

The Court ordered that the proceedings be struck out, and Mr Tully was advised of his right to appeal the decision.