IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA
TĀMAKI MAKAURAU ROHE
CIV-2018-404-001501

UNDER
Part 30 of the High Court Rules and the New Zealand Bill of Rights Act 1990

BETWEEN
AXIOMATIC MEDIA PTY LTD t/a AXIOMATIC EVENTS
First Applicant/Plaintiff MALCOLM BRUCE MONCRIEF-SPITTLE Second Applicant DAVID CUMIN Third Applicant
AND
REGIONAL FACILITIES AUCKLAND LTD
First Respondent/Defendant AUCKLAND COUNCIL Second Respondent PHILIP BRUCE GOFF Third Respondent

[…]

[1] On 19 July 2018, the applicants commenced judicial review proceedings against the respondents. It was alleged that on 6 July 2018 the first respondent – Regional Facilities Auckland Limited – purported to cancel a licence it had granted to the first applicant – Axiomatic Media Pty Ltd – permitting it to hold a public speaking event at the Bruce Mason Theatre in the Bruce Mason Centre on the North Shore in Auckland. It was alleged that the decision to cancel the licence was in breach of natural justice, that it was irrational and perverse, and that it was inconsistent with rights guaranteed under the New Zealand Bill of Rights Act 1990. Although there was some uncertainty as to the factual position, it was also asserted that the third respondent – Mr Goff – the Mayor of Auckland – was unlawfully involved and that he directed that the decision should be made. Declarations were sought, as well as orders setting aside the decision to cancel the licence.

[2] At the same time, the applicant applied for urgency and interim orders.

[…]

[6] This morning the Registrar has received a memorandum from counsel for the applicants, advising that the application for urgent interim orders is no longer being pursued, and stating that the timetable orders that were made to facilitate the hearing on 30 July 2018 are no longer necessary. The applicants seek that the proceeding be set down for a further case management conference in approximately a month’s time, so that they can have further discussions with the respondents and/or refine the pleadings.

[7] No reason for this change of stance has been given.

[…]

[11] The substantive application for judicial review is adjourned for call in the judicial review list on Thursday 6 September 2018 at 9am. Not less than two working days prior to that date, counsel are to file a joint memorandum. The memorandum is to identify what further procedural directions are sought to ready the substantive proceeding for hearing. If there is any difference between the parties, it is to be identified in the memorandum and the parties’ respective positions are to be set out.

Full minute: AxiomaticvAkLive.pdf

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