2 Dec 2020
MCGUIRE v SECRETARY FOR JUSTICE [2020] NZCA 612
- Citation
- [2020] NZCA 612
- Court
- Court of Appeal
The Secretary did not commit a reviewable error: the applicant lacked the required 'recent experience' within the five‑year window for PAL1, the Secretary lawfully considered and declined to exercise the discretionary waiver in reg 6(5) for stated reasons, and given that lack of competence there was no obligation to decide the fit and proper person criterion; the decision was reasonable in light of substantive reforms under the Criminal Procedure Act 2011 and the regulatory purpose of ensuring quality legal aid services.