New Zealand Case Law: Decisions & Judgments

Topic

Statutory appeal

Legal area

Court

16 May 2016

MEEK v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2016] NZHC 967 [13 May 2016]

Citation

[2016] NZHC 967
Court

High Court

The statement of claim was struck out because it was incoherent and disclosed no reasonably arguable cause of action: no legal error, breach of natural justice or unreasonableness was pleaded, the applicant had received remediation including ex gratia payment and the statutory review and appeal mechanisms rendered judicial review an inappropriate vehicle for the compensation sought.
23 May 2014

SPURR V FARMLANDS FUEL LIMITED CA363/2013 [2014] NZCA 196

Citation

[2014] NZCA 196
Court

Court of Appeal

The application to recall the earlier decision declining an extension of time is dismissed because the applicant failed to establish any of the recognized grounds for recall; the omission to cite ss 414(2) and 417(2) did not affect jurisdiction or the outcome, Redcliffe was not material, and repetitive applications may be summarily dismissed.
25 Jul 2012

Wood v Accident Compensation Corporation

Citation

[2012] NZACC 246
Court

District Court

Because the respondent subsequently granted cover and entitlements sought by the appellant, the appeal became redundant; the suspension decision dated 26 January 2011 under s117 was therefore quashed and the appellant's entitlements restored.
19 Nov 2010

POHOIKURA WAITOA LOGGING LIMITED V THE NEW ZEALAND TRANSPORT AGENCY HC GIS CIV 2010-416-277

Citation

openlaw-49c76810_fefc_4867_b547_57584279b567.pdf
Court

High Court

The Court exercised its power under s8(1)(c) of the Judicature Amendment Act 1972 to declare the licence continues in force pending further order because the potential irreparable harm to the company justified preservation, provided appropriate conditions (new certificates of fitness and random inspections) were imposed to mitigate public safety risks; the balance of private and public interests thus justified interim relief until further consideration after the District Court reserved judgment is available.
16 Oct 2007

SMITH V THE DISTRICT COURT AT NEW PLYMOUTH AND ANOR HC NWP CIV-2007-443-562

Citation

openlaw-5c3cef7a_8b53_46f8_8682_d2a4a31c2233.pdf
Court

High Court

The application for judicial review is dismissed because s109 of the Tax Administration Act precludes disputing the assessment in court and because judicial review is generally inappropriate where a statutory appeal route exists (Taxation Review Authority and s72 District Courts Act appeals); no exceptional circumstances justified departing from that principle.
28 May 2007

CULLEN V HEALTH PRACTITIONERS DISCIPLINARY TRIBUNAL HC AK CIV-

Citation

openlaw-809a515d_673b_47d1_af96_264d78c05b77.pdf
Court

High Court

The Court directed that the statutory appeal and associated interlocutory judicial review/common law applications be transferred to and heard in Auckland, ordered the District Court appeal to be effectively stayed pending this Court's directions, directed a conjoint hearing of interlocutory stages, and imposed a timetable for counsel to file memoranda and fix a two‑day fixture.

New Zealand Case Law

MEEK v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2016] NZHC 967 [13 May 2016]

SPURR V FARMLANDS FUEL LIMITED CA363/2013 [2014] NZCA 196

Wood v Accident Compensation Corporation

POHOIKURA WAITOA LOGGING LIMITED V THE NEW ZEALAND TRANSPORT AGENCY HC GIS CIV 2010-416-277

SMITH V THE DISTRICT COURT AT NEW PLYMOUTH AND ANOR HC NWP CIV-2007-443-562

CULLEN V HEALTH PRACTITIONERS DISCIPLINARY TRIBUNAL HC AK CIV-