An application for Judicial Review has been filed in the High Court of New Zealand challenging a funding decision made by Whaikaha - Ministry of Disabled People on 18 March 2024. The proceeding has been brought by four applicants affected by the decision.

“The case seeks review of the lawfulness and procedural fairness of the funding decision. It raises significant questions about the obligations of public agencies when making funding determinations that directly affect disabled people and the organisations that support them”, says ADL General Manager, Geraldine Lewis.

“The disability community was shocked by the decision of 18 March 2024, and we look forward to taking forward those concerns in court next week,” adds barrister Max Harris.

Judicial Review enables the High Court to determine whether a public body has acted within its legal powers and followed proper process. While the Court does not substitute its own decision, it may set aside a decision if it is found to be unlawful.

The application advances three principal grounds of review. The applicants allege:

• A breach of the duty to consult;
• A breach of the principles of Te Tiriti o Waitangi; and
• A breach of the right to be free from discrimination under the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993.

The applicants seek orders including:

• A declaration that the 18 March 2024 funding decision was unlawful;
• An order requiring the Minister to reconsider the decision;
• Any further relief the Court considers appropriate.

The applicants say the decision has had significant consequences for them and that the issues raised extend beyond their individual circumstances. They consider the case to have wider implications for disabled communities and for the integrity of public decision-making processes.

“Aotearoa Disability Law has brought this proceeding because funding decisions of this nature can have immediate and substantial impacts on disabled people and the communities that support them. Where public decisions affect access to essential services and supports, it is critical that those decisions are made lawfully, transparently, and in a manner consistent with Te Tiriti o Waitangi and human rights protections. This case reflects ADL’s commitment to ensuring disabled communities are treated fairly and that systemic decisions are subject to proper legal scrutiny” says Geraldine.

As the matter is now before the Court, further substantive comment will be limited to preserve the integrity of the judicial process.

Background
Aotearoa Disability Law is a Community Law Centre and part of the nationwide community law centre network. It is the only Community Law Centre in Aotearoa New Zealand dedicated to providing legal services to disabled people on disability-related legal issues, including client casework, legal education, and law reform work.

In the High Court of New Zealand

CIV-2025-485-000423

Elliott v The Attorney General of New Zealand

Hearing Date 23–24 February 2026

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