14 Oct 2022
The High Court lacks jurisdiction to entertain a judicial review challenging a decision of one of its own Judges under the Senior Courts (Access to Court Documents) Rules; determinations made by Judges under those Rules are orders of the Court and must be challenged by appeal or, in very limited circumstances, by recall; accordingly the judicial review application was dismissed.
18 Feb 2014
Section 249(1) of the Immigration Act 2009 operates to bar judicial review of the deportation liability decision at this stage because the applicant failed to appeal to the Tribunal within the statutory period; s 249 delays access to judicial review rather than ousts it and therefore the High Court struck out the proceedings for noncompliance with s 249.
15 Aug 2013
The IPT has jurisdiction under s 202(d) to determine whether the relevant visa conditions were in fact imposed and therefore whether they were met or breached; accordingly s 249(1) (in its pre-2013 form) operates to preclude the High Court from hearing the plaintiffs' judicial review until after the IPT has determined the related appeals; s 249 delays rather than ousts judicial review and does not inherently breach NZBORA s 27(2).