19 May 2017
FANG v THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2017] NZCA 190
- Citation
- [2017] 3 NZLR 316
- Court
- Court of Appeal
Section 177(5)(b) requires a discrete, dedicated written record of the facts about the deportee's personal circumstances that actually triggered the officer's reference to and consideration of relevant international obligations; a completed RPC form or mere cross-reference to it is insufficient. The recorded facts need not be a fact-by-fact mapping to each international obligation nor extensive, but must be a focused recital of the trigger facts. Section 177(5)(a) requires a brief description (paraphrase) of the substance of any international obligations relied on, not merely article numbers.