15 Jun 2022
FINANCIAL SERVICES COMPLAINTS LTD v CHIEF OMBUDSMAN [2022] NZCA 248
- Citation
- [2022] 2 NZLR 740
- Court
- Court of Appeal
The Chief Ombudsman's refusal lacked objectively supportable evidence that allowing FSCL to use the ombudsman name would materially increase public confusion or undermine the Parliamentary Ombudsman's role; the distinctions relied on to treat FSCL differently from earlier approved schemes were not rationally justified; the refusal was an unreasonable limitation on FSCL's s14 right and, because no objectively justified factors supported refusal, the only lawful outcome was to grant consent; the Court therefore allowed the appeal and declared FSCL entitled to consent.