New Zealand Case Law: Decisions & Judgments

Topic

Privative clause

Legal area

Court

10 Mar 2022

DELIU v THE INDEPENDENT POLICE CONDUCT AUTHORITY [2022] NZHC 413

Citation

[2022] NZHC 413
Court

High Court

Section 33 does not operate as an absolute ouster of the High Court's jurisdiction to entertain judicial review; s 17 requires IPCA to decide on a procedure for each complaint and to advise complainant and Commissioner; IPCA breached s 17 (and its notification obligations under s 18/s 30 where applicable) in respect of the first, third and fourth complaints by failing to decide and inform the complainant in a reasonable time; no sufficient evidence of bad faith was found; appropriate relief is a declaration of those failures and an order that IPCA consider the fifth complaint under s 17.
24 Nov 2020

ARGOS FROYANES LIMITED v CHIEF EXECUTIVE OF IMMIGRATION NEW ZEALAND [2020] NZHC 3109

Citation

[2020] NZHC 3109
Court

High Court

Section 186(3) of the Immigration Act 2009, as interpreted by recent High Court authority (Liu, Kaur (2016), AD), bars review proceedings by persons outside New Zealand in respect of refusals of temporary entry class visas even where the decision is legally or procedurally flawed; accordingly AFL's proceeding was barred and the interlocutory application failed.
12 Apr 2017

AFFCO NEW ZEALAND LTD v EMPLOYMENT COURT [2017] NZCA 123

Citation

[2017] 3 NZLR 603
Court

Court of Appeal

The Court of Appeal lacks jurisdiction to entertain Affco's judicial review because s 193 of the Employment Relations Act, read in light of s 213 and consistent authorities (Parker and follow-ups), confines review in this Court to narrow jurisdictional grounds (lack of jurisdiction in the narrow sense, decisions beyond power, or bad faith); NZBORA s 27(2) does not alter that statutory scheme and, in any event, the limitation is a justified limit under s 5; alternatively the proceedings were an abuse of process.
3 Jun 2016

TE RUNANGA O NGĀTI MANAWA v CNI IWI HOLDINGS LIMITED [2016] NZHC 1183

Citation

[2016] NZHC 1183
Court

High Court

The Panel did not complete the required allocation under sch 2 cl 6(14); identifying mana whenua interests alone is insufficient for allocation; cl 6(14)(e) does not permit the Panel to avoid adjudication by sending the allocation issue back to negotiation without a mechanism to resolve impasse; accordingly the Final Allocation Agreement is invalid insofar as it records no allocation of disputed lands; the Company may reconvene the Panel and require it to complete allocation, but the Company was not shown to have breached statutory, trust or fiduciary duties given the circumstances and unanim…
3 May 2016

KAUR v THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT & ORS [2016] NZHC 872

Citation

[2016] NZHC 872
Court

High Court

Leave to cross-examine the delegated decision maker was granted only in respect of whether he in fact turned his mind to whether the applicant had a character issue requiring a waiver before deciding, because that factual question was squarely raised in the pleadings, inadequately addressed by affidavit and necessary to decide the review fairly; other areas for cross-examination were refused because affidavit material and documents supplied were sufficient or the matter was one of law.
12 Apr 2016

FINANCIAL SERVICES COMPLAINTS LIMITED v WAKEM [2016] NZHC 634

Citation

[2016] NZAR 717
Court

High Court

Section 26(1)(a) must be read narrowly in context: it grants immunity limited to acts, reports or words made in the course of exercising the Ombudsmen's investigative 'functions' located in the 'Functions of Ombudsmen' part of the Act and does not extend to ancillary administrative powers in other parts such as the Chief Ombudsman's discretions under s 28A to permit or refuse use of the name 'Ombudsman'; accordingly the strike-out application fails.
27 Aug 2015

YALAN LIU & ORS v MINISTER OF IMMIGRATION [2015] NZHC 2048

Citation

[2015] NZHC 2048
Court

High Court

Section 186(3)(a) of the Immigration Act expressly bars court review of refusals to grant temporary entry class visas to persons outside New Zealand; therefore the Court lacked jurisdiction and the proceeding was dismissed despite arguable Wednesbury concerns.
20 Feb 2015

GIBSON v ACCIDENT COMPENSATION CORPORATION [2015] NZHC 221

Citation

[2015] NZHC 221
Court

High Court

An authorised determination by ACC's investigative unit (Integrity Services/Fraud Unit) that a claimant is not, or is no longer, entitled to cover or weekly entitlements is prima facie a reviewable 'decision' under s134(1)(a); whether such a decision in fact exists is a question of fact; however s133(5) does not prevent criminal courts from making reparation orders in criminal proceedings and criminal process is not ousted by the Act.
14 Dec 2012

EDENZ COLLEGES LIMITED V CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT HC WN CIV 2012-485-2532

Citation

openlaw-c4fc1d38_e199_426e_a12f_ec234ab715a7.pdf
Court

High Court

The court held the authority to suspend processing of student visas in these circumstances derived from Immigration Instruction U5.1 rather than s 26(4); U5.1(e)(ii) required the decision-maker to take into account reasons for non-compliance and to afford an opportunity to respond, and the decision-maker's failure to do so was an error of law warranting setting aside the suspension and remitting the matter for reconsideration.
27 Nov 2012

PORT NICHOLSON BLOCK SETTLEMENT TRUST V THE ATTORNEY-GENERAL HC WN CIV-2012-485-1837

Citation

openlaw-8ab913c0_449a_477e_bd3f_d4cb676c6194.pdf
Court

High Court

The court has jurisdiction to decide disputes about interpretation and implementation of the Settlement Deed and Act; however the plaintiff failed to establish any express exclusivity, enforceable implied term, collateral undertaking or closed-minded consultation by the Crown that would render the Ngāti Toa redress inconsistent with the Taranaki Whānui Deed or Act (and s37 permits provision of similar cultural redress). Accordingly the declaratory relief sought is refused and the application is dismissed.