Mistake of Fact NZ High Court Cases Since 2004
72 Pages Posted: 6 Mar 2016 Last revised: 3 Jan 2017
Date Written: February 28, 2016
This paper reports on research into mistake of fact as a ground of judicial review, carried out by Yoav Zionov as Hanna Wilberg's research assistant funded by the NZ Law Foundation. It comprises summary accounts of all NZ High Court decisions on the topic since 2004, setting out how mistake of fact as a ground of review was treated in each case. A table in Appendix A lists the authorities or sources relied on in each case, if any; whether the ground was successfully invoked; and whether the case would have satisfied in the criteria for mistake of fact set out in the English case of E v Secretary of State for the Home Department  EWCA Civ 49,  QB 1044. The intention is to share this information with other researchers interested in the topic.
Keywords: Administrative Law, Judicial Review of Administrative Action, Substantive Grounds of Review
Suggested Citation: Suggested Citation