New Zealand Case Law: Decisions & Judgments

Topic

Procedural unfairness

Legal area

Court

13 Nov 2023

SEYMOUR v SPARK NEW ZEALAND TRADING LIMITED [2023] NZHC 3193

Citation

[2023] NZHC 3193
Court

High Court

High Court lacks jurisdiction to hear an appeal from a District Court decision arising from a Disputes Tribunal matter because the Disputes Tribunal Act 1988 (ss23 and 50) confines appeal rights to a single, limited appeal to the District Court; s124(1) District Court Act 2016 does not displace that bar and the Contract and Commercial Law Act 2017 does not create appellate jurisdiction.
29 Mar 2018

PATEL v MINISTER OF IMMIGRATION [2018] NZHC 577

Citation

[2018] NZHC 577
Court

High Court

Leave was granted only on narrow legal questions: (1) whether the Tribunal erred in treating the applicant's omission of the 2009 divorce proceeding as 'concealment' without assessing the applicant's knowledge or intention in circumstances where she had disclosed the alleged marriage and asserted it was forged; and (2) whether prior counsel's failure to adduce evidence about the marriage's validity caused procedural unfairness; all other challenges to the Tribunal's factual findings about the marriage and requests for further forensic inquiry were not shown to be seriously arguable and leave…
25 Mar 2013

EDWARDS V THE DISTRICT COURT, DUNEDIN HC DUN CIV 2013-412-000001

Citation

openlaw-10a5f622_9dcd_4896_9ec8_67a59b7e7916.pdf
Court

High Court

Cross-examination of the third respondent was refused because judicial review is normally determined on affidavits, nothing in the applicant's material showed the third respondent caused the alleged procedural unfairness, and therefore cross-examination would serve no useful purpose; instead the Court directed case management steps including a joint memorandum and a timetabling conference.
19 Feb 2007

Purches v Accident Compensation Corporation

Citation

[2007] NZACC 35
Court

District Court

Although ACC failed to give adequate notice of review/appeal rights in relation to the 2001 IRP, the appellant did not establish a significant causal link between that omission and a prejudicial outcome of the vocational independence assessment; absent evidence of substantive unfairness or prejudice from the omission, the vocational independence assessment stands and the appeal is dismissed.

New Zealand Case Law

SEYMOUR v SPARK NEW ZEALAND TRADING LIMITED [2023] NZHC 3193

PATEL v MINISTER OF IMMIGRATION [2018] NZHC 577

EDWARDS V THE DISTRICT COURT, DUNEDIN HC DUN CIV 2013-412-000001

Purches v Accident Compensation Corporation