26 Nov 2009
NEW ZEALAND TRANSPORT AGENCY V MORADI HC AK CIV-2009-404-002507
- Citation
- openlaw-f6335e3d_970c_4b8d_b5d3_d732ca0b7239.pdf
- Court
- High Court
NZTA must apply the ordinary evaluative standard of being 'satisfied' to the whole fit and proper person assessment under s29A; it is not entitled to impose a higher or different standard of proof for absence of disqualifying overseas convictions. Statutory declarations and sworn statements are admissible and must be given proper weight in NZTA's overall satisfaction assessment, although NZTA may take account of public safety and investigate further under its powers. The District Court judgment directing NZTA to reconsider the application was not shown to be in error and the appeal is dismiss…