New Zealand Case Law: Decisions & Judgments

Topic

Natural justice (nzbora s27)

Legal area

Court

20 Dec 2023

LINCOLN v THE ATTORNEY-GENERAL [2023] NZHC 3822

Citation

[2023] NZHC 3822
Court

High Court

The formal warnings were unlawful because, as explained in S v Commissioner of Police, they lacked a prescribed-by-law basis and were issued without the required informed admission and consent such that they operated like conviction-equivalent records; however, they did not constitute an unlawful bargain not to prosecute and the Police owed no duty under s27 NZBORA to consult the complainant before exercising prosecutorial discretion. The applicant's review is dismissed.
11 Oct 2022

DELIU v FLANAGAN & Ors [2022] NZHC 2621

Citation

[2022] NZHC 2621
Court

High Court

Court held Police decisions to close complaints and not to investigate further were within lawful discretion, reasonable on the facts and not made in bad faith; no evidence of conspiracy or criminality by officers or by solicitor and detective; s27 NZBORA did not require detailed reasons in these circumstances; procedural omission to notify applicant of one decision was error but did not invalidate substantive outcome; all judicial review claims dismissed.
4 Mar 2021

BP (SAMOA) v MINISTER OF IMMIGRATION [2021] NZHC 376

Citation

[2021] NZHC 376
Court

High Court

Leave to appeal and leave to bring judicial review were refused because the applicant failed to demonstrate a seriously arguable error of law or an irretrievable breach of natural justice: the applicant's father competently presented the case, missing documents were provided and addressed during the hearing, the Tribunal's factual findings were supported by evidence and involved permissible evaluative judgments, and the high statutory threshold under s 207 for humanitarian relief was not met.
12 Jun 2020

NAPIER v NORTH SHORE DISTRICT COURT [2020] NZHC 1130

Citation

[2020] NZHC 1130
Court

High Court

Admitting the plaintiff's second affidavit into evidence in a summary judgment hearing without affording the defendant a real opportunity to read and respond was procedurally unfair because contested, material factual issues about the vehicle's quality remained and the affidavit relied on double hearsay rather than direct evidence; that unfairness vitiated the summary judgment and justified setting it aside and remitting the matter for substantive determination.
20 Dec 2013

SIEMER v AUCKLAND HIGH COURT [2013] NZHC 3540

Citation

SIEMER v AUCKLAND HIGH COURT [2013] NZHC 3540
Court

High Court

Proceeding struck out: allegations concern judicial acts and are therefore barred by absolute judicial immunity as articulated in Chapman; declaratory relief is also unavailable because it would undermine judicial independence and be ineffective; claim further amounts to abuse of process by relitigating prior final decisions.
29 Sept 2006

YOUNG V LAND TRANSPORT SAFETY AUTHORITY HC CHCH CIV 2006-409-1309

Citation

openlaw-8a92cf82_61e6_4f96_af8a_e07e108ad9de.pdf
Court

High Court

The High Court held the appeal was confined to questions of law, prior criminal determinations bind and cannot be re‑litigated (such relitigation is an abuse of process), and the appellant's entrenched willingness to use pre‑emptive violence makes him not a fit and proper person and a risk to public safety, justifying the LTSA's suspension and revocation of his P endorsement.
20 Dec 2005

DEAN V ACCIDENT COMPENSATION CORPORATION HC AK CIV 2005-404-4766

Citation

openlaw-8dd18ff9_6d2b_446b_8c2f_88c6bed7fffa.pdf
Court

High Court

The plaintiff's challenges to the Corporation's decisions are amenable to the statutory review and appeal procedures under the IPARC Act 2001 (notably an appeal from the reviewer declining jurisdiction), so s 133(5) bars separate High Court judicial review and the application to strike out must be granted.

New Zealand Case Law

LINCOLN v THE ATTORNEY-GENERAL [2023] NZHC 3822

DELIU v FLANAGAN & Ors [2022] NZHC 2621

BP (SAMOA) v MINISTER OF IMMIGRATION [2021] NZHC 376

NAPIER v NORTH SHORE DISTRICT COURT [2020] NZHC 1130

SIEMER v AUCKLAND HIGH COURT [2013] NZHC 3540

YOUNG V LAND TRANSPORT SAFETY AUTHORITY HC CHCH CIV 2006-409-1309

DEAN V ACCIDENT COMPENSATION CORPORATION HC AK CIV 2005-404-4766