New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Genuineness and sustainability of employment offer
  • 14 May 2018

    CHATHA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT [2018] NZHC 1044

    Citation
    [2018] NZHC 1044
    Court
    High Court

    The refusal was lawful and reasonable because INZ gave valid reasons based on the evidence before it; the applicant failed to discharge the statutory burden under s58 to provide material information (including that a supervisor had given notice), INZ was not required to make independent inquiries, and the processing time was not inordinate; accordingly no reasonable decision‑maker could be said to have been precluded from reaching the decision of 8 August 2017.

    • Work visa refusal
    • Genuineness and sustainability of employment offer
    • Applicant disclosure obligations
    • Procedural fairness
    • Delay in decision-making
    • Standard of review