New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discretionary statutory powers

Legal area

Court

8 May 2012

AKAROA MARINE PROTECTION SOCIETY INCORPORATED V THE MINISTER OF CONSERVATION HC CHCH CIV 2010-409-002970

Citation

openlaw-98d81e90_2c15_4d6b_be78_3295748f5e5d.pdf
Court

High Court

The Minister misapplied s 5(6)(d) by failing to take into account the wider countervailing benefits of the proposed marine reserve (including benefits beyond the precise area) when deciding whether interference or adverse effects on existing recreational use were excessive or unjustified; the Minister's decision is quashed and the s 5(6)(d) assessment must be reconsidered to include the wider merits, although the Court found the available information was not so inadequate as to preclude the Minister being satisfied on the facts.
20 Jul 1999

Loveridge v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 199
Court

District Court

The 26 August 1998 letter was not a decision capable of review; the respondent validly exercised its statutory discretion in declining to fund the advanced ASME course while providing 50% of the 4711 course and alternative work within the appellant's assessed capacity; the appellant failed to prove the respondent misused its discretion; the appeal is dismissed and the matter is rendered hypothetical by the appellant's departure to Australia after a work capacity test supported the respondent's decision.