Judicial Review Procedure Act 2016

  • This version was replaced on 10 November 2016 to make a correction to the Schedule under section 25(1)(j)(iv) and (v) of the Legislation Act 2012.
16 Relief that court may grant

(1)

The High Court may, by order, grant an applicant any relief that the applicant would be entitled to in proceedings for—

(a)

a writ or an order of, or in the nature of,—

(i)

mandamus; or

(ii)

prohibition; or

(iii)

certiorari; or

(b)

a declaration or an injunction.

(2)

If an applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is unauthorised or otherwise invalid, the court may, instead of making that order, set aside the decision.

(3)

This section applies even if—

(a)

the applicant has a right of appeal in relation to the subject matter of the application:

(b)

the person who has exercised, or is proposing to exercise, a statutory power to which the application relates was not under any duty to act judicially.

Compare: 1972 No 130 s 4(1)–(2A)