Judicial Review

In recent years there has been a significant rise in the use of judicial reviews to challenge the decisions and decision making processes of regulators and other bodies.

Our team of experienced litigators help clients face the challenges of public decision making. When matters need to be decided in court, we have a track record of successfully securing results for our clients.

Advising decision makers and defending challenges

We act for Crown, Crown entity and local government decision makers to assist in getting the decision-making process right and, when needed, defend their decisions from challenge in court. Our understanding of the operation of the core and wider Crown, and of local government, mean that we deeply understand the issues in play and the challenges of public decision making.

Engaging with government and challenging decisions

We help companies to challenge decisions which go against their core interests. We advise on how to engage with government departments, regulators and public decision makers and, where necessary, how to challenge these decisions.

Interim orders applications and injunctions

Our team are also experienced in both securing and responding to urgent interim orders applications and injunctions seeking to prevent public law decisions coming into effect.

Work Highlights

Challenges brought by ‘public interest’ and community groups to our clients’ decisions, or decisions our clients benefited from

We acted for Oceana Gold in a challenge by Coromandel Watchdog to its actions in Waihi.

We acted for OMV in its successful defence of a challenge by Greenpeace NZ to EPA decision-making processes relating to oil and gas exploration in the Great South Basin.

We acted for Auckland Council in a challenge brought by protesters occupying Owairaka/Mt Albert who oppose an extensive tree removal programme.

Local authorities

We acted for Auckland Council in its successful defence of challenges to its introduction of the accommodation provider targeted rate on commercial accommodation providers.

We acted for Napier City Council in its successful defence of challenges to its decision to close an aquatic centre and build a new pool complex at a different location.

We acted for Northland Regional Council and Kaipara District Council in their successful defence of various illegality challenges to rates, due dates for payment of rates, and collection arrangements for rates.

Overseas Investment Act

We have acted for a number of overseas investors in both challenging and defending overseas investment approvals and Ministerial decisions.

Acting for and against Crown regulators

We acted for WorkSafe in a judicial review following the White Island/Whakaari eruption.

We brought judicial review proceedings against the regulatory decisions of NZQA on behalf of a large Private Training Establishment.

Interim orders applications and injunctions

We successfully resisted an interim orders application for Bunnings New Zealand which would have had the effect of delaying an imminent Tribunal hearing, on the basis of judicial bias and predetermination allegations.

We acted for New Zealand Defence Force in successfully resisted an interim orders application to prevent the discharge of a naval rating on behalf of the New Zealand Navy, where legitimate expectation and discrimination were alleged.

We acted for Fire and Emergency New Zealand as a respondent in a challenge to the scope of Ministerial powers of direction under the Crown Entities Act.

Our Experts