New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Security risk certificate

  • 1 Oct 2004

    THE ATTORNEY-GENERAL V ZAOUI And Ors CA CA20/04

    Citation
    openlaw-9b9f8b9b_d1c8_4095_8533_d6d639bf8ea4.pdf
    Court
    Court of Appeal

    Judicial review of the Inspector-General's review is available for material errors of law; the Inspector-General must determine whether a security risk certificate was properly made and in doing so must apply Article 33.2 of the Refugee Convention as incorporated by s114C(6) of the Immigration Act 1987; the security criterion will only be met where there are objectively reasonable grounds based on credible evidence that the refugee poses a danger to New Zealand of sufficient seriousness (substantial threatened harm), with a real connection between the individual and the danger and an apprecia…

    • Non-refoulement
    • Security risk certificate
    • Judicial review
    • Inspector-general review
    • Procedural fairness
    • Interpretation of refugee convention article 33

  • 17 Sept 2004

    TELEVISION NEW ZEALAND LIMITED V ATTORNEY-GENERAL OF NEW ZEALAND CA CA169/04

    Citation
    openlaw-f95d12a2_1156_4f3e_af25_db4285af70af.pdf
    Court
    Court of Appeal

    Regulations 87 and 88 are intra vires the Penal Institutions Act, but the Chief Executive's refusal to permit the interview could not be sustained because, on proper balancing, the minimal risk to the integrity or public confidence in the Inspector-General's quasi-judicial review did not outweigh Mr Zaoui's right to freedom of expression; accordingly the decision was set aside and remitted for reconsideration giving proper weight to free speech interests.

    • Freedom of expression
    • Judicial review
    • Security risk certificate
    • Penal institutions regulations
    • Bill of rights act s14