New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unreasonableness/wednesbury

Legal area

Court

16 Dec 2021

JW v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2021] NZHC 3489

Citation

[2021] NZHC 3489
Court

High Court

Leave was refused because the asserted errors were at most factual findings or misapplications of principle that were within the Tribunal's evaluative province, were supported by evidence, were not demonstrably so untenable as to amount to error of law, did not raise issues of general or public importance, and the alleged translation discrepancies were immaterial to the outcome; no bias or unlawful unreasonableness was established.
19 Dec 2017

UNIVERSAL EDUCATION GROUP LIMITED TRADING AS NEW ZEALAND NATIONAL COLLEGE 2008 v NEW ZEALAND QUALIFICATIONS AUTHORITY [2017] NZHC 3245

Citation

[2017] NZHC 3245
Court

High Court

The Court held NZQA did not commit a reviewable error: historical non-compliance was a permissible and relevant consideration under the Act; NZQA expressly considered NZNC's claimed improvements and was entitled to conclude they were insufficient or unsustainable; postponing the EER and declining to moderate voluminous late materials was lawful and within NZQA discretion given new adverse moderation findings; the Uniprep moderation was probative and supported a finding of systemic failure; overall the cancellation decision was rational and lawful.