Court dismisses Terry Coe’s application for an injunction against new parliament development

Opposition MP Honorable Terry Coe’s application for an injunction on the Government to stop the building of the new parliament building has been dismissed.

This was the ruling by the Chief Justice CJ Coxhead  on 7th August.

The Court ruled that due to lack of jurisdiction to grant an injunction against the Crown the application was dismissed.  The Court stipulated the generally accepted position of any court including the Niue High Court is that “an injunction will not be issued against the Crown”.

There are alternatives to this action and that is to seek a declaratory order against the Crown on the basis that if they are successful with obtaining declaratory orders, the Crown will abide by those orders. However, Mr Coe did not seek a declaratory order. 

CJ Coxhead highlighted the ambiguity of the Assembly members Act 2006; saying that the law is unclear and the Court has asked that the Government can assist by proposing amendments to section 6 of the Act so that it is clear.

This was part of the judgement handed down by the land court on the 7th August in regards to an application by Mr Terry Coe to stop the work on the new parliament building.

The Chief Justice Coxhead in summarizing his decision asked the Government to propose amendments to this law so as to be clear on its intention.

Meanwhile BCN News is seeking an update on the progress of the development of the new fale fono at Halamahaga.

it is understood works were stalled due to the legal dispute and issues surrounding land lease

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