New Zealand Case Law: Decisions & Judgments

Topic

Public interest assessment

Legal area

Court

19 Nov 2014

MINISTER OF IMMIGRATION v JOOSTE [2014] NZHC 2882

Citation

[2014] NZHC 2882
Court

High Court

The High Court held the Tribunal erred as a matter of law by lowering the statutory 'exceptional circumstances' threshold (treating 'compassionate' or 'genuinely concerning' factors as sufficient), conflating the exceptionality and unjust/unduly harsh stages, improperly attributing independent weight to resident status, and by having regard to its intended s 212 suspension when assessing the unjust/unduly harsh limb; the Tribunal's decision was quashed and the matter remitted for reconsideration.
3 Oct 2013

HELU v IMMIGRATION AND PROTECTION TRIBUNAL [2013] NZSC 91

Citation

[2013] NZSC 91
Court

Supreme Court

Leave to appeal was granted because the Supreme Court identified clearly articulated legal questions about whether the Tribunal failed to consider relevant matters or applied an incorrect test in its public interest assessment, and whether any such legal error would necessarily have altered the Tribunal's outcome given its factual findings.
22 Feb 2013

SEAGER-BUCKLE V HURRELL AND HURRELL AND CHIEF EXECUTIVE OF MINISTRY OF SOCIAL DEVELOPMENT AND BUCKLE COA CA673/2012

Citation

COA CA673/2012
Court

Court of Appeal

The Registrar's refusal to waive security for costs was correct because the interlocutory appeal did not raise issues of sufficient public interest or exceptional circumstances to justify waiver, the application was of doubtful merit, and respondents must be protected from the costs of a hopeless appeal; accordingly security for costs of $5,880.00 was ordered payable within 20 working days.

New Zealand Case Law

MINISTER OF IMMIGRATION v JOOSTE [2014] NZHC 2882

HELU v IMMIGRATION AND PROTECTION TRIBUNAL [2013] NZSC 91

SEAGER-BUCKLE V HURRELL AND HURRELL AND CHIEF EXECUTIVE OF MINISTRY OF SOCIAL DEVELOPMENT AND BUCKLE COA CA673/2012