New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discovery of reasons

Legal area

Court

14 Mar 2017

McKELVEY v MINISTER OF IMMIGRATION [2017] NZHC 430

Citation

[2017] NZHC 430
Court

High Court

Discovery was declined because the applicant failed to demonstrate a real risk of Wednesbury unreasonableness: the matters relied on (delay and victim-of-scam evidence) were before the delegated decision-maker, the delay was attributable in part to the applicant's adviser, and there was no basis to infer irrationality from the material presented to the decision-maker.
28 Jul 2016

ZHANG v THE ASSOCIATE MINISTER OF IMMIGRATION [2016] NZCA 361

Citation

[2016] NZAR 1222
Court

Court of Appeal

Section 61, read with s11, confers an absolute discretion that does not oblige the Minister to give or record reasons; judicial review is therefore confined to whether the decision was Wednesbury unreasonable; the failure to record reasons and to state reliance on s11 was an administrative error but not material on the facts and did not render the decision Wednesbury unreasonable, so the appeal is dismissed.