Zaoui v Attorney-General (No 2)

JurisdictionNew Zealand
Judgment Date21 June 2005
Neutral Citation[2005] NZSC 38
Date21 June 2005
CourtSupreme Court
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55 cases
  • New Health New Zealand Inc. v South Taranaki District Council and another
    • New Zealand
    • Supreme Court
    • 27 June 2018
    ...contained in s 6 of the New Zealand Bill of Rights Act. That is the way in which s 6 was treated by the Court in Cropp, in Zaoui v Attorney-General (No 2), 331 and in Dotcom v Attorney-General. 295 In Cropp, Blanchard J explained the general approach: 333 Subordinate legislation involving a......
  • Takamore v Clarke COA CA
    • New Zealand
    • Court of Appeal
    • 23 November 2011
    ...refer Puli'uvea v Removal Review Authority (1996) 2 HRNZ 510 (CA); Tavita v Minister of Immigration [1994] 2 NZLR 257 (CA) and Zaoui v Attorney-General [2005] NZSC 38, [2006] 1 NZLR 233 Tuhoe did not sign the Treaty but the evidence from Professor Temara at trial was that they nevertheles......
  • Malcolm Bruce Moncrief-Spittle v Regional Facilities Auckland Ltd
    • New Zealand
    • Supreme Court
    • 5 December 2022
    ...a procedural obligation. This issue has been the subject of debate in academic commentary. 112 82 This Court's decision in Zaoui v Attorney-General (No 2) supports the view the correct approach is to treat the right as constraining the outcome the decision-maker may reach, rather than simpl......
  • Minister of Justice and another v Kyung Yup Kim
    • New Zealand
    • Supreme Court
    • 4 June 2021
    ...2002 SCC 1, [2002] 1 SCR 3 at [39]. 49 We note that, although the prohibition against torture is jus cogens, this Court in Zaoui v Attorney-General (No 2) [2005] NZSC 38, [2006] 1 NZLR 289 at [51] held that the principle of non-refoulement to torture had not reached that 50 The Committee a......
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11 books & journal articles
  • Immigration Defense Waivers in Federal Criminal Plea Agreements
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 69-3, March 2018
    • Invalid date
    ...(2004) UKHL 56; Norris v. Gov't of the U.S. (2010) UKSC 9 (appeal taken from [2009] EWHC 995 (Admin)) (UKHL); Att'y Gen. v. Zaoui et al. [2005] NZSC 38 at [16]. 291. UN Committee Against Torture, Draft Revised General Comment on the implementation of article 3 of the Convention in the conte......
  • Refoulement
    • Canada
    • Irwin Books Exclusion and Refoulement. Criminality in International and Domestic Refugee Law
    • 12 September 2023
    ...at 771; Pushpanathan v Canada (Minister of Citizenship and Immigration) , [1998] 1 SCR 982 at para 58; Attorney-General v Zaoui & Ors , [2005] NZSC 38 at para 166 [ Zaoui & Ors ]; Febles v Canada (Citizenship and Immigration) , 2014 SCC 68 at paras 24Ǻ26; see, also, Geoȶ Gilbert, ȀExclusion......
  • Table of Cases
    • Canada
    • Irwin Books Exclusion and Refoulement. Criminality in International and Domestic Refugee Law
    • 12 September 2023
    ...504, 507, 508 AP (Iran) [2011] NZIPT 800012, 29 September 2011 ......................................504 Attorney-General v Zaoui & Ors [2005] NZSC 38 ....................11, 116, 128, 593 AY (Malaysia) [2019] NZIPT 801143, 27 May 2019 ........................... 504–5, 507 Table of Cases |......
  • The common law principle of legality in the age of rights.
    • Australia
    • Melbourne University Law Review Vol. 35 No. 2, August 2011
    • 1 August 2011
    ...J), 80-1 (Williams J); Kartinyeri v Commonwealth (1998) 195 CLR 337, 386 (Gummow and Hayne JJ). (109) See above Part IV(A). (110) [2006] 1 NZLR 289. (111) Ibid 321 [91], 321 [93] (Keith J for Elias CJ, Gault, Keith, Blanchard and Eichelbaum JJ) (emphasis (112) Ibid 321 [91]-[93]. (113) Clau......
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