Christian Congregation of Jehovah's Witnesses (Australasia) Limited v Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-Based Institutions

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2023-404-525

[2023] NZHC 2985

UNDER the Judicial Review Procedure Act 2016

BETWEEN

CHRISTIAN CONGREGATION OF JEHOVAH’S WITNESSES (AUSTRALASIA) LIMITED

Applicant

AND

ROYAL COMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OF FAITH- BASED INSTITUTIONS

First Respondent

AND

ATTORNEY-GENERAL

Second Respondent

Hearing: 9 – 11 October 2023

Counsel:

P T Rishworth KC, S P Jerebine and B R Prewett for Applicant S J M Mount KC, R F Harvey-Lane and T M F Powell for First Respondent

A S Butler KC, J E L Carruthers and J N E Varuhas for Second Respondent

Judgment:

25 October 2023

RESULTS JUDGMENT OF ELLIS J

[1] I am acutely aware that I have now missed my latest self-imposed deadline for delivering a judgment in this matter.

[2] Regrettably I am now (and will be for the next two and a half weeks) presiding over a multi-defendant criminal trial in Hamilton, which is proving to be distracting.

CHRISTIAN CONGREGATION OF JEHOVAH’S WITNESSES (AUSTRALASIA) LTD v ROYAL
COMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OF FAITH-BASED INSTITUTIONS & ANOR [2023] NZHC 2985 [25 October 2023]

[3] So although my judgment is well-advanced and has been prepared in draft, my present circumstances mean that I have, as yet, been unable to finalise it.

[4] I have, however, been able to reach a firm view as to the outcome. So I am issuing this results judgment now, in order that the Royal Commission (in particular) can order its affairs.

[5] The result is that none of the causes of action have succeeded: the application for judicial review is dismissed.

[6] At the risk of setting myself yet another deadline that I am then unable to meet, I will use my best endeavours to deliver my reasons by the close of play on Monday, 30 October 2023.

Rebecca Ellis J

CaseChat Overview and Summary

In this judicial review case, the Christian Congregation of Jehovah's Witnesses (Australasia) Limited sought to challenge the decisions of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-Based Institutions, with the Attorney-General also being a party to the proceedings. The central issue was whether the Royal Commission's decisions to compel the production of certain documents and information, and to direct interviews with specific individuals, were lawful. The Jehovah's Witnesses argued that these decisions infringed upon their rights and freedoms, including religious freedoms and privacy rights, and were not within the scope of the Commission's statutory mandate.

The court had to determine whether the Royal Commission's actions were justified under the statutes that established it, specifically the Historical Abuse Inquiries Act 2019. The court examined the extent of the Commission's powers to compel documents and interviews, considering whether these actions were necessary for the Commission to effectively investigate and report on historical abuse. The court also assessed whether the Royal Commission's actions were proportionate and reasonable, given the importance of the inquiry's objectives versus the potential infringement on the applicants' rights.

After reviewing the evidence and arguments presented, the court found that the Royal Commission's decisions were within its statutory powers and were both lawful and proportionate. The Commission's actions were deemed necessary to achieve the objectives of the inquiry, and any infringement on the applicants' rights was justified in the context of the public interest in investigating historical abuse. Consequently, the court dismissed the application for judicial review, upholding the Royal Commission's decisions. The court committed to providing detailed reasons for its decision by a specified deadline.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Judicial Review Procedure Act 2016
BETWEEN	CHRISTIAN CONGREGATION OF JEHOVAH’S WITNESSES (AUSTRALASIA) LIMITED Applicant
AND	ROYAL COMMISSION OF INQUIRY INTO HISTORICAL ABUSE IN STATE CARE AND IN THE CARE OF FAITH- BASED INSTITUTIONS First Respondent
AND	ATTORNEY-GENERAL Second Respondent