Reported Cases

  • WK v Refugee and Protection Officer [2018] NZCA 258 , [2019] 2 NZLR 223, [2018] NZAR 1146 declined appeal from refusal of judicial review decision of s 140(3) refusal by the Refugee Status Branch.  Now the apex authority on s 140.
  • Matamu v Si'itia [2018] NZAR 348 (CA) - successfully opposed appeal where a group seeking to unilaterally start a religious association within the Avondale Union Parish (in breach of the rules) were deemed to have already repudiated their contract.  Highest endorsement of the contractual analysis of church rules in NZ, applying Shergill v Khaira [2014] UKSC 33, [2015] AC 359.
  • 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