This recent decision of the High Court will interest public law and civil litigation practitioners for its consideration of the administration of interrogatories in the context of a judicial review proceeding.
The administration of interrogatories is a form of discovery where sworn written answers must be given by a party to written questions posed by another party. They are provided for in the New Zealand rules of Court for civil proceedings known as the High Court Rules.
A judicial review proceeding is not a civil proceeding. However, a judge may apply the High Court Rules by analogy.
This decision confirms in principle there is a jurisdiction for a Court to order the administration of interrogatories in a judicial review proceeding. However, it is not permitted as of right, and it is regarded as unusual.
The Court held that an applicant will need to establish that:
(a) the information sought is relevant to a matter in issue in the proceedings;
(b) an order is necessary at this time;
(c) an order will not undermine the purpose of judicial review and, in particular, their speedy and “untechnical” resolution; and
(d) any ground raised by the respondents for objecting to answer is not sufficient.
In this case the Court did not make an order permitting interrogatories.
K v The Government Inquiry into Operation Burnham [2019] NZHC 854