Clements v The Queen

COURT OR TRIBUNAL

High Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

28/05/2018

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Statutory Duty

REVIEW TYPE

Judicial review

SUMMARY

(Lexis Catchwords & Digest)

Practice and procedure — Pleadings — Strike out — Statement of claim

Determination on order. Applicant vehemently opposed use of 1080 poison for pest control and sought Court order that all 1080 drops be prohibited immediately as well as range of related orders. Finding that there were more fundamental difficulties for proceedings filed by applicant which prompted respondents to file application to strike-out proceedings. Finding that statement of claim should be struck out as disclosing no reasonably arguable cause of action. Determination made.

At [19] The interim order sought by Ms Clements to protect her position in terms of s 15(1) of the Judicial Review Procedure Act 2016 is that the New Zealand Crown, Government, State or private sector partners ought not to continue any conduct related to the programmes identified by the 2018 Budget as “environmental protection” and promoted as “protecting our natural resources”. According to Ms Clements, this order will halt all conduct, promotion and operations relevant to eradicating predators, managing species, biodiversity and poison programmes; will halt the false biosecurity and environmental protection programmes, halt the emergency response funding for mycoplasma bovis, which finances the MPI civil military force for surveillance, intimidation and threats against farmers and halts the Climate Change Commission and zero carbon legislation as the intended structural reform by deliberately inflicting climate change by chemical warfare. The order sought by Ms Clements will also halt all related conduct by DOC, MPI, ERMA, Ministry for the Environment, Medical Officers of Health, Regional and District Councils, Ospri, ZIP, NEXT, Federated Farmers, Forest and Bird, Landcare and all other participating organisations in this group crime.

CASE DOCUMENTS

Clements v The Queen [2018] NZHC 2244