New Zealand Case Law: Decisions & Judgments

Topic

Regulatory enforcement

Legal area

Court

28 Mar 2018

TRAVLON COACHLINES (2005) LTD v NEW ZEALAND TRANSPORT AGENCY [2018] NZHC 558

Citation

[2018]NZAR 483
Court

High Court

Court granted limited, conditional interim relief delaying NZTA's revocation until 31 May 2018 because Travlon met the statutory threshold and faced serious irrecoverable hardship, Travlon had taken recent remedial steps (change of mechanic, engagement of RTANZ and AA checks) that made continuation of some operations justifiable, but public safety concerns required strict, time‑limited conditions and monitoring.
13 May 2016

FINANCIAL MARKETS AUTHORITY v VIVIER AND COMPANY LIMITED [2016] NZCA 197

Citation

[2016] 3 NZLR 70
Court

Court of Appeal

The Court held that under s 18B the FMA must take into account the considerations in s 18A and may, using its specialist knowledge, draw reasonable inferences (including from the absence of meaningful financial services or activity in New Zealand) without registrant‑specific evidence to direct deregistration; the FMA did not breach natural justice by failing to disclose the anonymous complaint or by declining to provide further particulars, and the High Court's quashing of the deregistration was overturned and the deregistration direction restored.
25 Feb 2008

CLOTWORTHY V THE APPEALS TRIBUNAL APPOINTED BY THE JUDICIAL CONTROL AUTHORITY A STATUTORY BODY APPOINTED PURSUANT TO THE RACING ACT 2003 AND ANOR HC AK CIV 2007-404-7224

Citation

openlaw-a901bfc9_870c_47cf_80df_28bcfd83d8ea.pdf
Court

High Court

The s 8 threshold of reasonable necessity was not met because the applicant's judicial review case had no real prospect of success: the Appeals Tribunal conducted a de novo hearing which cured alleged service/caution defects and made clear adverse credibility findings that supported the finding of a dishonest act; delay and the structure of concurrent suspensions meant a stay would frustrate the regulatory function and overall justice required refusal of interim relief.

New Zealand Case Law

TRAVLON COACHLINES (2005) LTD v NEW ZEALAND TRANSPORT AGENCY [2018] NZHC 558

FINANCIAL MARKETS AUTHORITY v VIVIER AND COMPANY LIMITED [2016] NZCA 197

CLOTWORTHY V THE APPEALS TRIBUNAL APPOINTED BY THE JUDICIAL CONTROL AUTHORITY A STATUTORY BODY APPOINTED PURSUANT TO THE RACING ACT 2003 AND ANOR HC AK CIV 2007-404-7224