New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Proportionality analysis

Legal area

Court

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.
26 Feb 2019

NEERAJ v THE POLICE [2019] NZHC 263

Citation

[2019] NZHC 263
Court

High Court

The High Court concluded the District Court judge did not err such that a miscarriage of justice occurred: the judge addressed gravity and consequences, reasonably found there was not a real and appreciable risk that immigration consequences from the conviction would be so severe as to be out of all proportion to the offending, and therefore declined to grant a discharge without conviction; appeal dismissed.