New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Panel appointment

Legal area

Court

30 May 2023

THE NGĀTI PAOA TRUST BOARD v THE PANEL CONVENER [2023] NZHC 1328

Citation

[2023] NZHC 1328
Court

High Court

The convener possesses an implied ancillary discretion to decline appointment of a sole iwi nominee where necessary to protect the integrity and function of the panel, but he unlawfully exercised that discretion here by relying on irrelevant considerations—notably the nominee's suspension from legal practice and judicial comity with disciplinary decisions—and the Decision was therefore quashed.
1 Apr 2019

MUTU AND RENATA v CHAIRPERSON OF THE WAITANGI TRIBUNAL [2019] NZHC 647

Citation

[2019] NZHC 647
Court

High Court

The Chairperson lawfully appointed the current panel under clause 5(1); the replacement provisions 5AA-5AC did not apply to the collective recusals which were institutional rather than personal circumstances; the reconstituted Tribunal may properly treat the rehearing as a new inquiry and must consider competing and overlapping claims before deciding on binding recommendations; accordingly the applicants' judicial review is dismissed.