New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Jurisdiction of review panel

Legal area

Court

29 Jun 2010

REZNIKOVA V LEGAL SERVICES AGENCY HC AK CIV-2009-404-007591

Citation

openlaw-438e6f10_6c2a_47d6_8642_4ff149ad510c.pdf
Court

High Court

LARP had jurisdiction to review the LSA refusal to reconsider; s29(3) validly permits the Agency to decline further reconsideration where reconsideration has already occurred; on the facts LARP's decision to deny review was not wrong in law nor manifestly unreasonable because the Agency had reconsidered and properly assessed that there was no realistic prospect of success on appeal.
18 Jan 2008

PARA FRANCHISING LIMITED V LEGAL AID REVIEW PANEL AND ANOR HC AK CIV 2006-404-6601

Citation

openlaw-9f814b5a_9354_450d_8340_627752458608.pdf
Court

High Court

Section 41 confers on the Legal Services Agency a discretionary power both whether to make any payment and as to the quantum of any payment; however the Agency's decision to pay $20,000 was set aside because it failed to take into account all relevant circumstances (notably the Agency's own error regarding contributions which materially affected the prejudice to Para) and the disparity with the approach to an earlier related claim made the payment arbitrary; the decision is remitted to the Agency to re-determine in accordance with s 41.