New Zealand Case Law: Decisions & Judgments

Topic

Consistency of administrative decision-making

Legal area

Court

26 Feb 2021

FINANCIAL SERVICES COMPLAINTS LTD v CHIEF OMBUDSMAN [2021] NZHC 307

Citation

[2021] 2 NZLR 475
Court

High Court

The Chief Ombudsman's 20 June 2019 decision was quashed because, on the evidence as a whole, he had predetermined the outcome: his contemporaneous emails to the Speaker during active reconsideration demonstrated a closed mind and intent to delay finalisation pending parliamentary action, and his failure to take steps to secure a savings provision for FSCL reinforced predetermination; accordingly the decision was unlawful and must be set aside and the matter remitted for fresh reconsideration by an Ombudsman other than the Chief Ombudsman or under appropriate delegation.
20 Jun 2019

MINISTER OF IMMIGRATION v WU [2019] NZCA 237

Citation

[2019] NZAR 1217
Court

Court of Appeal

The Tribunal erred by failing to transparently address and either adopt or disclose prior relevant findings (including those in Guo) that materially bore on the New Zealand citizen child's likely status in China and by refusing to give the appellants an opportunity to respond to information outside the parties' material which it intended to rely on; s228(2) does not impose a duty to seek information but s230 and principles of procedural fairness require disclosure and an opportunity to comment when prejudicial external information is relied on; matter remitted for reconsideration.
12 Nov 2018

KUMAR v THE IMMIGRATION AND PROTECTION TRIBUNAL [2018] NZHC 2928

Citation

[2018] NZHC 2928
Court

High Court

Leave to appeal and leave to bring judicial review were refused because the applicant failed to show any sufficiently arguable question of law of general or public importance; the Tribunal's differing outcome from Singh was explained by material factual differences and the alleged failures to consider evidence did not amount to legal error sufficient to meet the statutory leave thresholds.

New Zealand Case Law

FINANCIAL SERVICES COMPLAINTS LTD v CHIEF OMBUDSMAN [2021] NZHC 307

MINISTER OF IMMIGRATION v WU [2019] NZCA 237

KUMAR v THE IMMIGRATION AND PROTECTION TRIBUNAL [2018] NZHC 2928