Secretary for Justice v Minister for Public Works [2004] NUHC 1 (5 February 2004)

IN THE HIGH COURT OF NIUE

SECRETARY FOR JUSTICE

V

MINISTER FOR PUBLIC WORKS

High Court 04/01
5 February 2004
Smith CJ

Declaration to cease demolition between governmental departments –– Section 17 of the Crown Proceedings Act –– Nature of relief

In the aftermath of Cyclone Heta, the applicant, sought an interim injunction to stop demolition work being carried out on State buildings, on the grounds that official documents and equipment were still being recovered from them.

Held Though there is no provision for the issue of an injunction against the Government under section 17 of the Crown Proceedings Act, the Court may make an order declaratory of the rights of the parties.

Application

This was an application for a declaratory judgment regarding the Court’s powers to grant relief against the State.

SMITH CJ [1] WHEREAS storm damage has destroyed the Court and administration buildings to the extent that full demolition is required before reconstruction can begin, AND WHEREAS amongst the rubble of the buildings are important records of the Court that must be retrieved before any demolition work can begin, NOW THEREFORE in accordance with the provisions of section 17 of the Crown Proceedings Act, this Court declares that the area comprising the Court and administration building and all contents thereof are the property of the Secretary for Justice and cannot be interfered with in any way until such time as the Secretary for Justice is satisfied that there are no further records capable of retrieval and then authorises the demolition of the remains.

[2] In the light of this declaration all demolition work must stop.

Application allowed

Reported by: Nicola Scott