Mistake of Fact NZ High Court Cases Since 2004

72 Pages Posted: 6 Mar 2016 Last revised: 3 Jan 2017

See all articles by Yoav Zionov

Yoav Zionov

University of Auckland, Students

Hanna Wilberg

University of Auckland - Faculty of Law

Date Written: February 28, 2016

Abstract

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 [2004] EWCA Civ 49, [2004] 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

Zionov, Yoav and Wilberg, Hanna, Mistake of Fact NZ High Court Cases Since 2004 (February 28, 2016). Available at SSRN: https://ssrn.com/abstract=2739515

Yoav Zionov

University of Auckland, Students ( email )

Auckland
New Zealand

Hanna Wilberg (Contact Author)

University of Auckland - Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

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