New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Natural justice (right to be heard)

  • 30 Aug 2021

    WPL v THE FAMILY COURT AT HAMILTON [2021] NZHC 2251

    Citation
    [2021] NZHC 2251
    Court
    High Court

    The High Court held the leave order was ultra vires because the interlocutory application for leave to appeal had been filed out of time without an application to extend time; the Registry acted with procedural impropriety by rejecting the filing then referring it to the judge without advising parties, and there was a breach of natural justice in failing to give the applicant and third respondent an opportunity to be heard. The Court set aside the leave order and remitted the leave application to the Family Court for reconsideration.

    • Care of children act 2004
    • Natural justice (right to be heard)
    • Procedural impropriety
    • Leave to appeal
    • Ultra vires
    • Remittal of decision

  • 31 May 2021

    DIJKSTRA v WELLINGTON FAMILY COURT [2021] NZHC 1260

    Citation
    [2021] NZHC 1260
    Court
    High Court

    The High Court held there was no breach of natural justice because the applicants had notice of the hearing, knowingly chose not to appear and failed to make use of available procedural remedies or to adduce supporting evidence for an adjournment; registry errors were acknowledged but did not excuse the applicants' non-appearance or failure to seek relief in the Family Court; given the applicants' conduct, delay in bringing judicial review and availability of alternative remedies, discretionary relief was refused and the application dismissed.

    • Enduring power of attorney
    • Natural justice (right to be heard)
    • Adjournment discretion
    • Judicial review
    • Costs

  • 30 Mar 2021

    MERCURY NZ LIMITED AND OTHERS v THE WAITANGI TRIBUNAL AND OTHERS [2021] NZHC 654

    Citation
    [2021] 2 NZLR 142
    Court
    High Court

    Court held judicial review of the Tribunal's preliminary determination was available; s 8C validly precludes state enterprises and successors from an entitlement to be heard; ss 8A and 8HB must be interpreted so a well‑founded claim must relate to the particular land sought to be returned (contemplating Crown acquisition in breach of Treaty) and do not create a general 'land‑in‑lieu' jurisdiction; the Tribunal has no statutory discretion to make orders inconsistent with tikanga or that create fresh breaches of Treaty principles (notably mana whenua); Tribunal erred in its legal approach to in…

    • Resumption powers (s 8a/8hb treaty of waitangi act 1975)
    • Waitangi tribunal jurisdiction
    • Tikanga and mana whenua
    • Natural justice (right to be heard)
    • Statutory interpretation
    • Compensation interest under crown forest assets act

  • 9 Apr 2018

    M v THE COMMISSIONER OF POLICE [2018] NZHC 615

    Citation
    (2018) 11 HRNZ 499
    Court
    High Court

    The Vetting Review Panel erred by deferring assessment of the relevance of non-conviction material to the Fire Service to that agency instead of satisfying itself that the material was relevant to the Fire Service role; otherwise the Panel was entitled to rely on the officer in charge and the material was not shown to breach Privacy Act principles or require heightened scrutiny; declaration issued and name suppression granted.

    • Police vetting disclosure
    • Natural justice (right to be heard)
    • Relevance and substantiation tests
    • Privacy act information principles
    • Proportionality in judicial review

  • 27 Jul 2016

    Moore v Guardian Tree and Landscape Ltd [2016] NZHC 1720

    Citation
    [2016] NZHC 1720
    Court
    High Court

    The District Court judge erred in law and failed to take into account relevant considerations: the appellants were not given a reasonable opportunity to be heard; the sanctions imposed were disproportionate to the non-compliance; the judge overlooked the limited scope of the discovery order and the requirement for company representation; and opposing counsel's memorandum was not served — accordingly the appeal is allowed and the District Court judgment set aside.

    • Strike out
    • Stay of proceedings
    • Discovery non-compliance
    • Unless orders
    • Representation of companies by counsel
    • Natural justice (right to be heard)

  • 11 May 2012

    TE PUKE O TARA INCORPORATED V AUCKLAND COUNCIL HC AK CIV-2012-404-002557

    Citation
    openlaw-12021692_1756_44bb_825b_53bdd3f64acd.pdf
    Court
    High Court

    The application for interim relief was dismissed because the plaintiff could not establish a serious question to be tried on the contractual points (the Council's notice was in substantial compliance and the Council agreed to extend notice), damages were an adequate remedy for any breach, and judicial review could not displace the contractual framework since the Council's termination under clause 15.1 was not unlawful or procedurally flawed and did not attract a separate duty to provide a pre-termination hearing.

    • Termination of contract
    • Interim injunction
    • Natural justice (right to be heard)
    • Service of notice
    • Remedies (damages)

  • 15 Jun 2007

    WIRE SUPPLIES LTD, SLIOC ENTERPRISES LTD, J.J. MCDOUGALL, L.L. MCDOUGALL AND J.U. MCDOUGALL V COMMISSIONER OF INLAND REVENUE CA CA206/05

    Citation
    openlaw-483e8390_8f0f_4fd3_a255_3fda4e2da75c.pdf
    Court
    Court of Appeal

    All appeals dismissed. Court held Track B reconstructions were lawful exercises of the Commissioner's s99 powers, intelligibility challenges failed (Hyslop), switching assessment 'tracks' to target affected parties including more solvent payers was not an abuse, evidence of later Track C assessments did not render TRA decisions on Track B erroneous where those matters were already case stated (BASF principle applied), s25(2) certificates provided sufficient evidential basis to lift the time bar, and appellants failed to show prejudice from any alleged privilege waiver or procedural defect.

    • Income tax act 1976 s99 reconstructions
    • Russell template
    • Assessment tracks a/b/c/d/e
    • Issue estoppel/res judicata
    • Natural justice (right to be heard)
    • Time bar s25