New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S61 discretion

Legal area

Court

14 Feb 2018

KAUR v MINISTER OF IMMIGRATION [2018] NZHC 138

Citation

[2018] NZHC 138
Court

High Court

An extension under s247(1)(a) is justified where, applying Rajan, the delay was not substantial and the reason (an honest procedural error by counsel which was promptly corrected by agreement and left the respondent fully apprised within time) constitutes an out‑of‑the‑ordinary explanation; accordingly further time is granted.
1 Feb 2018

SINGH v THE ASSOCIATE MINISTER OF IMMIGRATION [2018] NZHC 44

Citation

[2018] NZHC 44
Court

High Court

The court dismissed the judicial review application: the Minister's decision to decline intervention was not Wednesbury unreasonable. The briefing materials and applicant's submissions adequately raised ICCPR considerations; s11 and s61 confined review; the Minister was entitled to decide on the materials before him without further inquiry; alleged briefing errors were not so overwhelming as to render the decision irrational.