Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Judgment: Kelsey v Minister of Trade - TPP OIA Decisions Quashed

IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
CIV-2015-485-000583
[2015] NZHC 2497

UNDER
The Judicature Amendment Act 1972 and Part 30 of the High Court Rules

IN THE MATTER OF
An application for judicial review

BETWEEN
JANE KELSEY
First Applicant
CONSUMER NEW ZEALAND INC
Second Applicant
NGĀTI KAHUNGUNU IWI INC
Third Applicant
OXFAM NEW ZEALAND
Fourth Applicant
GREENPEACE OF NEW ZEALAND INC
Fifth Applicant
ASSOCIATION OF SALARIED MEDICAL SPECIALISTS
Sixth Applicant
NEW ZEALAND NURSES ASSOCIATION INC
Seventh Applicant
NEW ZEALAND TERTIARY EDUCATION UNION TE HAUTŪ KAHURANGI O AOTEAROA

AND

THE MINISTER OF TRADE

Respondent
Hearing:
28 September 2015
Counsel:
M S R Palmer QC for Applicants
V L Hardy and K Laurenson for Respondent
Judgment:
13 October 2015

JUDGMENT OF COLLINS J

Summary of judgment

[1] The applicants have sought judicial review of a decision of the Minister of Trade (the Minister) in which he refused to release to Professor Kelsey official information contained in eight categories of documents she requested under the Official Information Act 1982 (the Act). The information requested by Professor Kelsey concerns material associated with negotiations that have led to a multi-lateral free trade agreement called the Trans-Pacific Partnership Agreement (TPP Agreement).

[2] When the Minister refused Professor Kelsey’s request, neither he nor his officials assessed each piece of information requested against the criteria in the Act for withholding official information. Instead, the Minister adopted a “blanket approach” to the request based upon his knowledge of the categories of documents requested by Professor Kelsey. I have concluded this approach did not comply with the Act.

[3] The applicants have applied for a series of declarations concerning the lawfulness of the Minister’s approach and the meaning of specific provisions of the Act.

[4] Rather than issue specific declarations I have quashed the Minister’s decision in relation to six of the categories of documents requested by Professor Kelsey. I explain in this judgment the aspects of Professor Kelsey’s request which have to be reconsidered. When the Minister reconsiders his decision he will be required to do so in a way that is consistent with his obligations under the Act, which I explain in this judgment.

[…]

Full judgment: KelseyvTheMinisterofTrade.pdf

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines


Gordon Campbell: On The Elusive Charms Of Christopher Luxon


Well, the first 36 hours of viewing the Christopher Luxon selfie were always going to be the best, before the repetitions set in. We get it, already. He’s an extroverted/big ego/high achieving/God fearing/country music lovin’/family man who is not at all averse to mansplaining to little ladies like RNZ’s Kathryn Ryan what “technical” words like “productivity” actually mean. But wait, there’s more. National is back! Mind you, that’s not the Bad National of recent experience, but the Good National of days gone by... More>>




 
 


Defence: New Zealand Response To Assist Peace And Stability In Solomon Islands
The New Zealand government has announced that it will deploy Defence Force and Police personnel to Honiara to help restore peace and stability. “New Zealand is committed to its responsibilities and playing its part in upholding regional security,” Prime Minister Jacinda Ardern said.... More>>


Government: Delivers Reactivation Package As Aucklanders Reconnect For Summer
A new support package will help revive economic, social and cultural activities in our largest city over summer, and ensure those in hardship also get relief. The Social Development and Employment Minister Carmel Sepuloni and the Economic and Regional Development Minister Stuart Nash... More>>



Government: Crown Accounts Reflect Strong Economy Amid Pandemic

The Government’s financial accounts continue to reflect an economy that has performed better than expected, despite the latest Delta COVID-19 outbreak. The Crown accounts for the four months to the end of October factors in the improved starting position for the new financial year... More>>

ALSO:



National Party: Bridges Appointed Finance & Infrastructure Spokesperson

Hon Simon Bridges is the National Party’s new Finance and Infrastructure spokesperson, National Leader Christopher Luxon announced today. “Simon has prodigious skills, incredible talent and the intellectual heft needed to excel as National’s Finance spokesperson,” Mr Luxon says.... More>>

Waitangi National Trust: Waitangi Week
The Waitangi National Trust has decided there will be no in-person events at Waitangi Treaty Grounds during Waitangi Week 2022. Under the COVID-19 Protection Framework it would be practically impossible to safely proceed with the usual events of Waitangi commemorations... More>>


Freedom Camping: Making Sure People Are Up To Play With Changes
People interested in finding out how the proposed improvements to freedom camping might affect them are being invited to an information-sharing webinar... More>>


 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels