17 Sept 2021
X and Y v CHIEF EXECUTIVE, ORANGA TAMARIKI [2021] NZHC 2449
- Citation
- [2021] NZHC 2449
- Court
- High Court
Court held OT breached s27(1) NZBORA in process: Y was not given any opportunity to be heard and X was unreasonably denied an extension to respond to the Draft Outcome Report; remedy is a declaratory vindication only (no Baigent damages awarded); the negligence claim was time‑barred under the Limitation Act 2010 (s47 inapplicable because Chief Executive's letter did not acknowledge legal liability) and is dismissed; the judicial review challenge to the Chief Executive's partial rejection of Advisory Panel recommendations failed because there was no legal duty to provide further reasons in the…