New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Suitability of key person

Legal area

Court

19 Jan 2011

GRASSROOTS TRUST V THE SECRETARY FOR INTERNAL AFFAIRS HC WN CIV 2011-485-000013

Citation

openlaw-66e42b25_2f9e_46f0_a673_447b7e2aa0f7.pdf
Court

High Court

The interim relief application is dismissed because Grassroots has no real prospect of success on the substantive judicial review: s 68 permits the Secretary to take into account the Metro audit findings relating to past operator non‑compliance when assessing the suitability of the nominated key person, so a challenge to the Secretary's weighing of those matters could not succeed as being plainly wrong; absent a seriously arguable case there is no entitlement to interim relief.
22 Jul 2010

FIRST SOVEREIGN TRUST AND V SECRETARY FOR INTERNAL AFFAIRS AND ANOR HC WN CIV-2010-485-828

Citation

openlaw-fd6a671e_ba3f_41c9_ab3f_52e3f7ba16d6.pdf
Court

High Court

Where administrative/licensing proceedings are entirely co-extensive with criminal charges and would replicate the criminal inquiry, proceeding with the administrative appeal before the criminal verdict would be an abuse of process; accordingly the Commission must adjourn the Trust's appeal until the related criminal proceedings conclude when the replication and integrity risks outweigh departmental supervisory interests (trial imminent here).