New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Legal aid provider approvals

  • 9 Mar 2018

    MCGUIRE v THE SECRETARY FOR JUSTICE [2018] NZCA 37

    Citation
    [2018] 3 NZLR 71
    Court
    Court of Appeal

    Section 83 of the Legal Services Act 2011 must be given its plain meaning: judicial review of Secretary decisions is deferred until the applicant has sought and obtained review under s 82; that deferral is a demonstrably justified limit on the NZBORA right to apply for judicial review because the Review Authority provides a prompt, independent and effective merits review; accordingly the High Court erred in refusing to strike out the challenge to the 2013 decision and recommendation and that part of the claim is struck out.

    • Statutory interpretation
    • Review authority procedure
    • Legal aid provider approvals
    • Limitation on judicial review
    • Strike-out for no reasonable cause of action
    • Lawyer-litigant costs exception

  • 10 Mar 2015

    JEREMY JAMES McGUIRE v THE MINISTRY OF JUSTICE [2015] NZSC 24

    Citation
    [2015] NZSC 24
    Court
    Supreme Court

    The Court held the applicant's r 43(3) application was out of time because the next working day rule does not apply to steps not taken, the appeal was therefore properly treated as abandoned, and there was no appearance of a miscarriage of justice or general public importance warranting leave; the bias challenge to Harrison J was frivolous and untimely.

    • Extension of time
    • Appeal abandonment
    • Next working day rule
    • Judicial recusal
    • Legal aid provider approvals