New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Judicial review intensity

  • 31 Aug 2017

    KIM v THE MINISTER OF JUSTICE [2017] NZHC 2109

    Citation
    [2017] 3 NZLR 823
    Court
    High Court

    The Minister's decision to surrender was lawfully made and open to a reasonable decision-maker because she addressed the specific judicially-identified deficiencies by obtaining material further information and expert advice, secured detailed case-specific diplomatic assurances from China, obtained MFAT commitments to proactive monitoring and timely access to unedited interrogation recordings, and reasonably concluded those measures mitigated real risks of torture, protected fair trial rights and ensured the death penalty would not be applied; discretionary grounds relating to delay, health a…

  • 4 Mar 2016

    Deliu v Connell [2016] NZHC 361

    Citation
    (2016) NZAR 475
    Court
    High Court

    The Court upheld the LCRO's substantive decision to dismiss the review because the LCRO lawfully exercised her statutory review function and came to a view within a reasonable range; however the LCRO's costs decision was quashed because she failed to consider relevant late submissions and a recusal application thereby acting unreasonably and breaching procedural fairness in relation to the costs award.