Reported Cases

• DX (Iran) [2017] NZAR 388 [2016] NZIPT 800934 - successful refugee claim for Iranian apostate Muslim, Christian convert. Subsequent claim. Follows on from 5 refusals including BV v IPT [2015] NZAR 139 CA being the appeal from [2014] NZAR 415 HC.
• Kumar v Minister of Immigration [2016] NZAR 1591 - unsuccessful appeal against decision of Woodhouse J in ss 245, 249 in deportation context - leaves "any other reason" under s 249(6) open as to whether it is a less stringent test than s 245(3) of the Immigration Act 2009.
• AI (Somalia) v IPT [2016] NZAR 1471 - successful ss 245, 249 application heard before Palmer J.
• D v IPT [2016] NZAR 1071 (CA) - unsucessful application under s 247 of the Immigration Act 2009 to convert documents filed into a compliant s 249 application.
• JS v IPT [2016] NZAR 111 High Court confirms the test for extending time for bringing review proceedings under s 247 Immigration Act 2009 (refugee context).
• Shafik v Makary [2015] NZAR 1596 High Court considered whether (in its inherent jurisdiction) it might stay the enforcement of (a) a District Court judgment unsuccessfully appealed and (b) the costs component of the HC appeal. The power to stay a decision of an inferior court is open to the High Court but should be exercised in keeping with existing legisltaion.
• SK v IPT & Anor [2015] NZAR 335 Leave to file a judicial review under s 249 (1B) declined by CA. S 233(3) Immigration Act 2009 relating to oral hearings was considered and clarified; recommendation made by the Court that IPT amend its pro forma letter which raises a legitimate expectation of an oral hearing without mentioning the power to determine the application off the papers under s 233.
• BV v IPT [2015] NZAR 139 appeal from [2014] NZAR 415; application for judicial review under the Immigration Act 2009: political opinion and conversion to Christianity - declined but obiter comments on the need for sensitivity in examining the content and bona fides of the claimant's faith in religious conversion cases - comment on methodology in assessing credibility. Notably, appellant's subsequent claim (sur place religious claim) was accepted in the IPT 2 years later in DX (Iran)[2016] NZIPT 800934 
• AL v IPT [2014] NZAR 1079 judicial review of a refusal to grant refugee or protected person status: bad  faith under the Immigration Act 2009 and new evidence generally inadmissable on review
• W v Chief Executive of MBIE [2014] NZAR 522 - successful opposition to application for security for costs in refugee/ protected person context
• P v Bridgecorp Ltd [2014] 1 NZLR 145 - authority on HCR 15.16 (admissions of claim) - junior and drafted submissions
• MFT Properties Ltd v Country Club Apartments Ltd (2012) 13 NZCPR 19 (SC) – unsuccessful application for leave to bring appeal
• K v B [2011] 2 NZLR 1 (SC) (Junior) unsuccessful application to relocate with children; set the test for s 5 Care of Children Act 2004 assessment of relevant factors
• Nichibo Trading Company New Zealand Ltd v Lucich [2011] NZCCLR 31 – successful opposition to attempt to maintain registered security interest over Pajero
• Country Club Apartments Ltd v MFT Properties Ltd (2011) 13 NZCPR 1 (CA) – variation of lease and renewal issue; terms of rent reduction agreement