23 Mar 2016
MAILLEY v DISTRICT COURT AT NORTH SHORE [2016] NZCA 83
- Citation
- [2016] NZCA 83
- Court
- Court of Appeal
The Court of Appeal held the remit was clear and s48(4)(a)(ii) is confined to compelling or extraordinary circumstances of the person (age, health and closely related personal matters); the court is a gatekeeper and must not expand the remit to consider general 'circumstances of the case' or s8 factors which are for the Minister; the appellant's medical and family circumstances did not meet the high threshold of compelling or extraordinary and referral was not required, so the appeal is dismissed.