New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Statutory appointment process

Legal area

Court

6 Dec 2022

COLIN SAMUEL HENRY v MINISTER OF JUSTICE [2022] NZSC 141

Citation

[2022] NZSC 141
Court

Supreme Court

Extension of time granted because delay was adequately explained and caused no prejudice; leave to appeal refused because the applicant did not identify errors in the courts below, there was no risk of miscarriage of justice, and the case was effectively moot given the appointment had been made; evidence showed diversity considerations were taken into account and the substantive and procedural challenges failed.
31 May 2022

HENRY v MINISTER OF JUSTICE [2022] NZCA 216

Citation

[2022] NZCA 216
Court

Court of Appeal

No reviewable breach was established: at time of EOI there was no unequivocal procedural promise giving rise to a legally enforceable legitimate expectation; readvertising was a satisfactory and reasonable response to an insufficient candidate pool; the Panel considered candidates and provided adequate written material to the Minister; no breach of s29(2)(b) or s27 was made out; further evidence was not fresh or cogent, so leave to adduce it was declined; appeal dismissed.