New Zealand Case Law: Decisions & Judgments

Topic

Quashing administrative decision

Legal area

Court

8 Feb 2023

RAFIQ v SECRETARY FOR INTERNAL AFFAIRS AND CHIEF EXECUTIVE FOR DEPARTMENT OF INTERNAL AFFAIRS [2023] NZHC 127

Citation

[2023] NZHC 127
Court

High Court

The Minister's decision was unlawful and is quashed because it rested on insufficient material — the mere facts of recent vexatious litigant status and bankruptcy without adequate consideration of the surrounding circumstances did not satisfy the statutory requirement to assess good character under the Citizenship Act 1977; there is no basis for damages under the Bill of Rights and no basis to order the Minister to grant citizenship, but applicant may re-apply and fees will be waived.
27 Feb 2015

Hodson v Accident Compensation Corporation

Citation

[2015] NZACC 49
Court

District Court

The VIOA contained significant flaws for multiple work types (Sales Representative, Dispatching and Receiving Clerk, Radio Dispatcher) and the VIMA by Dr Waite was flawed because it failed to assess the effects of the appellant's diagnosed chronic depression and failed to address specific, material worksheet requirements (eg prolonged driving, constant sitting, standing/walking, shift work). Because no work type was both occupationally and medically suitable, the Corporation's vocational independence decision of 27 January 2011 was unlawful and was set aside; the review decision was quashed a…
27 Feb 2015

Stanley v Accident Compensation Corporation

Citation

[2015] NZACC 43
Court

District Court

Dr Turner’s VIMA was legally flawed because it failed to engage with and reconcile material prior medical and psychological assessments and rehabilitation recommendations concerning pain management, fluctuating symptoms and need for a graduated return to work; consequently the conclusion that the appellant could sustain 35 or more hours per week was unsupportable and the Corporation’s decision was set aside.
14 Jan 2014

Naylor v Accident Compensation Corporation

Citation

[2014] NZACC 9
Court

District Court

On the balance of probabilities the court found the appellant had ongoing conditions arising from his covered injuries (initial lumbar injury in 2007 with recurrence and the October 2011 hamstring rupture which exacerbated L5 nerve root irritation), and therefore the respondent's decisions declining surgery funding and ceasing weekly compensation were quashed and replaced with orders granting surgery payment and continuation of weekly compensation.
5 Nov 2012

DR v Accident Compensation Corporation

Citation

[2012] NZACC 361
Court

District Court

The vocational independence decision was quashed because the medical assessment underpinning it was made without all relevant medical reports as required by Schedule 1 clause 28(2); given the appellant's age, lengthy history of incapacity, long absence from work and specialist advice recommending a graduated part-time return, it was not lawful to conclude she could work 35 hours per week; consequently the respondent's determination could not be sustained.
9 Nov 2011

MICHAEL RAYMOND MAIN V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT HC HAM CIV 2011-419-123

Citation

openlaw-a133ce66_4446_4173_8f0d_b7f2d3dff35f.pdf
Court

High Court

Because the defendant consented to setting aside the delegate's decision, the Court set aside the decision dated 23 April 2010 halting the applicant's invalid's benefit and ordered the benefit to resume from the date it was last paid (30 August 2010) at the prevailing rate; no order as to costs or disbursements was made, and the Ministry retains the duty to ensure ongoing eligibility, including by fresh medical assessment if necessary.
13 May 2011

Saunders v Accident Compensation Corporation

Citation

[2011] NZACC 144
Court

District Court

The respondent's decision was quashed because the decisive medical assessment (Dr Waite) materially relied on an incorrect understanding of the appellant's non‑work activities (overstating his external activity hours), undermining its probative value on the critical issue of capacity to work 35+ hours; absent clear and cogent medical evidence establishing that capacity, the determination of vocational independence could not be sustained.
4 Jan 2007

Aitken v Accident Compensation Corporation

Citation

[2007] NZACC 2
Court

District Court

Court found on balance that the VIOA had been sent so no procedural breach; on the merits, 'Teacher Aide' as a work-type does not generally permit engagement in 35+ hours per week and therefore cannot form the basis for a Vocational Independence determination; 'Sales Assistant (Light Duties)' is not a valid generic work-type because the 'light duties' qualification renders it a case-specific description and the occupational and medical assessments based on that qualification were flawed; accordingly the Vocational Independence decision of 24 January 2005 was quashed and weekly compensation re…