New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Nzbora s18 freedom of movement

  • 29 Oct 2021

    BOLTON v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2021] NZHC 2897

    Citation
    [2021] NZHC 2897
    Court
    High Court

    Clause 12 of the IQ Order must be interpreted to permit consideration of 'other needs' beyond strictly medical needs; MBIE's delegate erred by construing clause 12 as confined to medical needs and by failing to consider the applicants' non‑medical proposals, NZBORA interests and economic factors; the decision dated 17 October 2021 was unlawful and is set aside and the matter remitted for reconsideration with express directions to consider specified factors.

    • Miq exemptions
    • Statutory interpretation of regulations
    • Nzbora s18 freedom of movement
    • Proportionality analysis
    • Judicial review - error of law and failure to consider relevant matters
    • Remedies - setting aside and remittal

  • 25 Aug 2014

    THE NEW ZEALAND MOTOR CARAVAN ASSOCIATION INCORPORATED v THAMES-COROMANDEL DISTRICT COUNCIL [2014] NZHC 2016

    Citation
    [2014] NZHC 2016
    Court
    High Court

    Court held the Freedom Camping Bylaw as made on 14 December 2011 was valid: the Council reasonably satisfied itself of s11(2) requirements (necessity, appropriateness/proportionality and NZBORA consistency) and any limitation on s18 NZBORA was justified under s5; the Council's resolutions of 13 March and 27 November 2013 purporting to amend Schedules A and B were unlawful for failure to use the required special consultative procedure and those amendments were severed and quashed; Clauses 203.5 and 2003.5 of the Consolidated Bylaw are to be revoked via proper statutory steps and are not to be…

    • Freedom camping
    • Bylaw validity
    • Special consultative procedure
    • Nzbora s18 freedom of movement
    • Severance and quashing