The High Court action regarding motorcycle registration levies is a crucial topic that affects every Kiwi rider.
Mark Chappell's case against the ACC is progressing, with key deadlines set for evidence submissions.
The upcoming hearing on November 23rd will delve into the legality of the motorcycle levy regulations.
A detailed comparison of sworn evidence against ACC documents will be essential for the case's success.
On September 25th, the ACC must clarify its decision-making process for setting motorcycle levies.
This podcast highlights the importance of collective voices among motorcycle clubs in New Zealand.
Transcripts
Pete:
Are you tired of the ever rising cost of motorcycle registration here in New Zealand? If you're nodding your head, you're not alone.
I'm Pete and this is Keep It Twisted, the official podcast of magnz. A lot of people on our Facebook group have been asking what's happening with the High Court action.
With that in mind, the Keep It Twisted team decided not to run our guest interview this week. Instead, we've got a straightforward update on the High Court Judicial review, the one that actually matters to every Kiwi motorcycle rider.
Before I get into that, a quick note. The portal is open for anyone who'd like to appear on the show. Remote recording is pretty simple and usually takes less than an hour.
The sound quality will be the best if you've got headphones and a mic, but I can help with those if needed. Head to KeepItTwisted.Co.NZ booking to arrange a time that suits. Right, let's get into the update. Let's keep it twisted.
on Corporation, reference CIV:
in the Wellington High Court. The big recent development is the timetable set by the judge at the last hearing on 11 August. The sequence is clear and the most important feature is the respondents have to go first.
I'll run through the timetable, then I'll come back and explain some of the key terms and why some of those dates are super important. On
Pete:
25 September, the respondents, the ACC and the Minister file and serve their evidence.
On the 23rd of October, Mark files his evidence and then on the 27th of October there is a progress check, although this can be skipped if both sides jointly tell the court it's not required. On 30 October, ACC files and serves the common bundle and I'll come back to that.
And on the 2nd of November, Mark will file his written legal submissions. On the 16th of November, the respondents file their written submissions and a joint bundle of authorities.
And then on the 23rd of November we have the substantive one day High Court hearing in Wellington. As I said, I'll go back into some of those terms and dates. On 30 October, ACC is required to file and serve the common bundle.
This is the single organised collection of documents that both sides intend to rely on. At the hearing in November, the parties will cooperate in putting this together, but ACC has been directed by the judge to prepare and file it.
In this case, we would expect the common bundle to include the decision documents being challenged.
In other words, the motorcycle levy regulation, regulations and any related cabinet or ministerial papers, the internal ACC and government advice reports and options papers and the modelling used to set those levies, correspondence and any OIA material that's already been released and any other records that parties want the court to consider when deciding whether the Levy decisions were lawful. These documents have to be arranged chronologically and every page numbered and the bundle will start with a clear index.
Once a document is in the common bundle, the court can treat it as genuine and it can go straight into evidence so that all of the parties can refer to it. That's why this step matters. It locks in the documentary record the judge will work from on 23rd November.
25Th September is important because during the case management, one of the issues identified was Mark's concern about getting a clear picture of the decision making record. With that in mind, the judge directed that ACC and the Crown should submit their evidence before Mark files his.
She specifically indicated that how the decision was made should become apparent when the respondents file their evidence. So the 25th of September is not just another deadline.
It's the final real test of whether ACC and the Crown can clearly explain and evidence the levy setting process.
Once that information lands, MAGNZ will look at a forensic comparison against the documentary record already obtained through our OIA requests and other agency material. The questions we'll use then include what data and methodology does ACC say it relied on when recommending the motorcycle levy settings?
What evidence connects engine capacity with the risk or cost being levied? How was the change in motorcycle engine capacity bands justified? What alternative levy approaches were considered, tested or rejected, and why?
And how do the respondents deal with information already released under the oia?
We'll be looking to see whether the sworn evidence is consistent with the documents created during the actual decision making process, or whether significant parts of the decision making record remain unexplained or are simply absent. If important gaps remain after the court has already indicated the process should become apparent, those gaps themselves become significant issues.
Mark has to respond on the 23rd of October. He'll have nearly a month to analyse the respondent's evidence and compare it with the existing record.
He'll be able to identify contradictions or omissions and put forward his evidence in reply. Obviously there's a lot of work to get through there, but we've got a clean process to help him with that.
After that, the case moves quickly through the common bundle, written submissions and into the substantive hearing on the 23rd of November. That's the date of the real hearing, the day the High Court will hear the merits of the challenge to the levy regulations. But don't get too excited.
We don't expect to have a full decision from the judge that day. The court may well reserve its judgment and decide to deliver a decision later on. The immediate focus for Magnz is the 25th of September.
That's when the respondents file their evidence.
Once we receive that, our job will be a detailed comparison of what they say in sworn evidence against what the underlying ACC government and agency documents actually show about how these decisions were developed and made. That's the exact question that's been hanging over this entire levy process. How were these sausages made? That's the update for this week.
I'm very pleased to welcome a growing number of motorcycle clubs and riding groups who have recently affiliated with MagnZ.
Affiliation is about strengthening the collective voice of New Zealand motorcyclists while allowing every club to keep its own identity, independence and priorities. Different clubs, different riders, one strong voice.
Head over to magnz.org nz where you'll find a newsletter, the Merch Shop, and everything else you need to know about this campaign.
And make sure you tune in next week when I'll be joined by Gary Anderson, who's well known for touring New Zealand in his motorcycle and sidecar combination with his dogs Kairo and Pippin.
So if you're not already following or subscribed, make sure you hit that button in your favorite podcast app so that the next episode will land straight on your device. Until then, ride safe. Stands
Pete:
up, visors down and keep it twisted
Pete:
we're not gonna pay and no, we ain't gonna pay it we're not gonna play.
