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eBulletin Latest News & Case Notes
Application for recusal from all future proceedings involving applicant – allegations of bias – High Court recusal guidelines – Saxmere applied – question of recusal is for the allocated judge – obligation to ...
Judicial Review Procedure Act 2016 - application for judicial review of transfer of trust property following invalid alteration of trust deed and termination of trustees – applicable principles – knowing receipt – ...
Unsuccessful appeal, fire caused by third party, negligence, industry practice, s 43 Forest and Rural fires Act 1977, Rylands v Fletcher, nuisance, quantum of damages, procedure, pleading of allegations, statutory ...
Sentencing Act 2002 – sentencing for youth – R v Dickey - minimum period of imprisonment – discounts for youth – discounts for personal factors – discharge without conviction – name suppression – permanent name ...
Appeal against sentence – assault – starting point – discounts – purposes of sentencing – rehabilitation and reintegration – home detention
Schell v New Zealand Police & Chief Executive of the Department of ...
Section 58 Dog Control Act 1996 – strict liability defence – total absence of fault – dismissal of charge – appeal - Walker v Nelson City Council [2017] NZHC 750 – Haenga v Porrirua City Council [2021] NZHC ...
Successful application for declaration regarding assessment of compensation under the Public Works Act (PWA) - Public Works Act 1981 - s 62-compensation compulsorily acquired land - s 2defintion “public work and ...
R v Reihana & Ors [2023] NZHC 580 (Moore J)
Sentencing Act 2002 – sentencing starting point – multiple offenders with different roles -aggravating features – planning and premeditation – organised criminal ...
Appeal against sentence – murder – Sentencing Act 2002, ss 102 to 104 – manifestly unjust exception – mental health – diminished capacity
Tu v R [2023] NZCA 53 (Katz, Wylie and Palmer JJ)
Following a trial by ...
The New Zealand Law Society (NZLS) is attempting to allay concerns about its ability to safeguard the rule of law if it’s “reduced” to a voluntary, representative organisation.
NZLS recently hosted two webinars ...
Covid-19 Public Health Response (Vaccinations) Order 2021 – judicial review of amendment to the definition of ‘care and support worker’ – requirement for family carers to be vaccinated – was Minister for Covid-19 ...
Merits review of redeployment decision upon redundancy – appeal from Employment Relations Authority – Employment Relations Act 2000, ss 4 and 103A – Jinkinson applied – Thwaites distinguished – employment contract ...
Doney v Adlam [2023] NZHC 363
High Court Rules – application for substitution of judgment creditor and leave to issue enforcement proceedings against Adlam – applicable principles – whether estoppel established ...
At the District Court, Te Ata Patricia Mesman pleaded guilty to attempting to possess methamphetamine for supply. She was sentenced to 12 months’ intensive supervision with rehabilitation-related ...
Ngawhika was found guilty of the manslaughter of her infant son.
The jury was satisfied beyond reasonable doubt that Ngawhika had intentionally suffocated her son but was not satisfied beyond reasonable doubt ...
E tū & Anor v Rasier Operations BV & Ors involved the trade union, E tū, seeking declarations of employment status on behalf of four former Uber drivers.
At issue: whether the Uber drivers could be ...
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