New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of mandatory statutory provisions

Legal area

Court

20 Feb 2007

Wildbore v Accident Compensation Corporation

Citation

[2007] NZACC 37
Court

District Court

Leave to appeal granted because the contested issue arises squarely from the District Court decision and raises a genuine question of law concerning the proper interpretation of mandatory statutory provisions in light of s5 of the Interpretation Act 1999; the issue is capable of bona fide and serious argument and therefore justifies High Court consideration.
3 Mar 2006

Bondarenko v Accident Compensation Corporation

Citation

[2006] NZACC 54
Court

District Court

Although the interpretation of mandatory statutory provisions raised a tenable question of law, leave to appeal was refused because the procedural defects were de minimis, the judge’s purposive/reasonableness approach was not unlawfully applied, and granting leave would be futile and an unjustified use of judicial resources given the likelihood of the same outcome on re‑assessment.