Chief of Defence Force, Chief People Officer and Attorney-General v Four Members of the Armed Forces - SC 20/2024

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Summary

Civil Appeal

Result

A Leave to appeal is granted (Four Members of the Armed Forces v Chief of Defence Force [2024] NZCA 17).
B The approved question is whether the Court of Appeal was correct to allow the appeal.
8 July 2024
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A The appeal is allowed.  
B The Court of Appeal’s order that the Temporary Defence Force Order 06/2022 (TDFO) be reconsidered is set aside, as is the Court of Appeal’s interim order that no action may be taken by the Chief of Defence Force pursuant to the TDFO and related instruments pending the reconsideration of the TDFO.
C The respondents must pay the appellants one set of costs of $30,000 plus usual disbursements.  We allow for second counsel.
11 April 2025

Date of Hearing

08 October 2024

Judges

Glazebrook, Ellen France, Williams, Kos and Miller JJ

Case Synopses

Submissions from counsel

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