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Inquiries Act 2013

Sanctions and miscellaneous matters - Miscellaneous matters - Court proceedings

34: Reference of questions of law to High Court

You could also call this:

"Asking the High Court to help with a law question during an inquiry"

Illustration for Inquiries Act 2013

When you are part of an inquiry, you can ask the High Court to help with a question of law. You can do this at any time when you are unsure about a law that affects your inquiry. The High Court will then make a decision on this question.

If you ask the High Court for help, you have two options. You can keep going with your inquiry while you wait for the High Court's decision. Alternatively, you can stop your inquiry until the High Court has made its decision.

When you ask the High Court for help, you must write down the question you are asking in a special format. You should discuss and agree on this question with the people involved in your inquiry. If you cannot agree, the people in charge of the inquiry will decide how to write down the question.

The High Court's decision is final, which means you must accept it. This decision will affect everyone involved in your inquiry.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1566183.

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Part 4Sanctions and miscellaneous matters
Miscellaneous matters: Court proceedings

34Reference of questions of law to High Court

  1. An inquiry may, at any time, state a case to the High Court on any question of law arising in any matter before the inquiry.

  2. If an inquiry exercises the power under subsection (1), it may either—

  3. continue the inquiry, pending the decision of the High Court; or
    1. adjourn the inquiry until that court has delivered its decision.

      1. A question referred to the High Court under this section must be in the form of a case stated—

      2. as consulted on and agreed by the core participants and the members of the inquiry; or
        1. if there is no agreement or there are no core participants, as settled by the inquiry.

          1. The decision of the High Court is final and binding on an inquiry and on all persons participating in the inquiry.