28 Feb 2018
FINANCIAL SERVICES COMPLAINTS LTD v CHIEF OMBUDSMAN [2018] NZCA 27
- Citation
- [2018] 2 NZLR 884
- Court
- Court of Appeal
The Elwood policy unlawfully fettered the Chief Ombudsman's s 28A discretion by imposing a two-stage threshold that precluded consideration of relevant stage two factors (omnibus ombudsman-like qualities and consistency with existing consents); the Chief Ombudsman also failed to take into account the relevant consideration of consistent treatment of similar schemes, warranting setting aside the decisions and remittal for reconsideration.