Financial Services Complaints Ltd v Chief Ombudsman - [2022] 2 NZLR 740

Judicial review — Remedy — Substitution of Court’s decision for decisionmaker’s — Application for permission to use “Ombudsman” — Two financial service providers had permission — Previous refusal of appellant’s request set aside — High Court decision set aside and referred back — Court can substitute its decision where satisfied only one lawful decision was available — No residual discretion and only one available decision if acted in accordance with the purpose of statutory discretion — Ombudsmen Act 1975 s 28A.

Judicial review — Grounds for decision — No objectively reliable evidence to support reasons for refusal — Application for permission to use “Ombudsman” — No established risk of confusion between Parliamentary Ombudsman and industry ombudsman — Did not treat like cases alike — No reason to treat differently to other schemes — Other schemes should not get “first mover” advantage — Limitation on freedom of expression not justified — Could act as barrier to access to dispute resolution — New Zealand Bill of Rights Act 1990 s 14.