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ARTICLE · 15 JULY 2015

Judicial review cases update - key points

These cases provide helpful guidance on the scope of the ground of unreasonableness and on powers of search and seizure.

New ZealandLitigation, Mediation & Arbitration

Judicial review cases update key points

Two recent judicial review cases provide helpful guidance on the scope of the ground of unreasonableness and on powers of search and seizure. The first is the very public and controversial challenge to the decision by the Department of Corrections to refuse Scott Watson an interview with a journalist. The second case arose from an investigation into alleged dumping of quota by a fishing company.

Court finds Department unreasonable to deny Watson interview

Watson v Chief Executive of the Department of Corrections [2015] NZHC 1227 is one of the rare cases decided solely on the reasonableness ground. Scott Watson, convicted of the murders of Ben Smart and Olivia Hope in 1999, requested the interview in order to air his views that he is a victim of a miscarriage of justice. The Chief Executive refused the request. Mr Watson applied for judicial review.

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