New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Failure to consider evidence

Legal area

Court

17 Oct 2019

AJ (NIGERIA) v A REFUGEE AND PROTECTION OFFICER [2019] NZHC 2655

Citation

[2019] NZHC 2655
Court

High Court

The RPO committed procedural unfairness and failed to take a relevant consideration into account by refusing to access readily available Dropbox links to a Skype interview without adequate inquiry or alternative steps; because the omitted material was plausibly capable of affecting the outcome, the appropriate remedy was to quash the decision and remit the matter for reconsideration taking the Skype interview into account.
30 Jul 2008

THOMPSON V ACCIDENT COMPENSATION CORPORATION HC TAU CIV 2008-470-88

Citation

openlaw-20b8feed_1a9a_4785_a272_447a177609a6.pdf
Court

High Court

The omission to mention the 15 February 2007 hospital note was not legally significant because the note did not address causation, merely described operative findings and procedures consistent with prior reports, and therefore did not provide material that could alter the balance of probabilities on causation; Judge Beattie gave sufficient consideration to the medical evidence and his decision was confirmed.