
General & Other judgments from New Zealand courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
In this case, the High Court sentenced an individual to life in prison after pleading guilty to murdering a person. Despite acknowledging the defendant's serious mental illness and psychotic state at the time of the murder, the court imposed a sentence that reflects both the severity of the crime and the mitigating factors.
The claimant asked the Supreme Court to allow an appeal on a decision about inaccuracies in their criminal record. However, the court decided not to hear the case because all alleged mistakes had been fixed and there was no strong reason to think someone deliberately changed the records.
In this case, the Supreme Court refused an attempt by the applicant to reconsider a previous decision that denied permission to appeal. The court found there were insufficient reasons given for why they should revisit their earlier ruling.
A young driver was sentenced by the High Court for causing a fatal accident due to drunk driving. The judge took into account various factors including the defendant's age, previous good a person references, and efforts towards rehabilitation before sentencing.
In this case, the Supreme Court of New Zealand decided on costs for parties who lost appeals about environmental and cultural impacts. The court ruled that those who lose such cases might have to pay costs unless their arguments were particularly important or raised unique legal questions.
In this case, the Court of Appeal decided that a person a person do not need to conduct an extra review based on the a person Zealand a person Act before making decisions like whether to add fluoride to drinking water. This a person overturns a previous ruling by the High Court.
In this case, the Supreme Court of New Zealand temporarily halted a six-month suspension order against a lawyer while they seek permission to appeal the decision. This allows the lawyer more time to challenge the ruling without immediate consequences.
The Court of Appeal upheld a lower court decision that a a person's financial contribution towards their a person child’s property purchase is presumed to be a gift unless evidence suggests otherwise. The case involved a dispute over ownership of a residential property in Auckland, where the parents argued they should own it based on their initial contribution.
A New Zealand company tried to appeal a High Court decision without hiring a lawyer, instead asking their sole director to represent them. The Supreme Court said no because having an independent lawyer is important for fairness and the case was too complex after such a long time.
The Supreme Court partially granted an appeal, focusing on issues related to the Treaty of Waitangi and forestry matters. It allowed appeals on requirements for resumption under the Treaty and compensation awarded by the Waitangi Tribunal, but denied leave for a third ground regarding the rate of return applicable on compensation.
The Supreme Court dismissed an appeal challenging the Court of Appeal's decision to make a special order under section 166 of the Senior Courts Act. The claimant argued that this was unfair as there was no cross-appeal, but the court found it fair and just.
The Supreme Court of New Zealand has rejected a prisoner's attempt to use a writ of habeas corpus to challenge their detention. The court found that this legal remedy cannot be used to question the validity of a criminal conviction.
The respondent sued the appellant for negligence and misfeasance after being forced to sell property at a loss due to enforcement actions. The Supreme Court allowed part of the appeal, setting aside a finding of fraudulent concealment but upholding damages for loss of property value.
The Supreme Court dismissed appeals against sentences involving minimum periods of imprisonment (MPI) for drug trafficking. The applicants were sentenced in the High Court for their roles in importing and distributing over 700 kg of methamphetamine, with MPIs imposed by the sentencing judge. Both unsuccessfully appealed to the Court of Appeal on the basis that an MPI should not have been imposed.
In this case, the Supreme Court of New Zealand rejected an attempt to file an appeal because it was seen as trying to avoid a previous legal restriction (s 166 order). The court upheld earlier decisions that refused to accept the appeal due to abuse of process.
The Supreme Court of New Zealand ruled against a claimant who tried to use an informal email as a substitute for a formal application for leave to appeal. The court confirmed that such applications must follow the rules set out in the Supreme Court Rules 2004.
The Supreme Court dismissed an appeal application after the Registrar refused to accept it for filing. The applicant argued that justice demanded reconsideration, but the court found no grounds to override previous refusals and treat the case differently.
In this case, the Supreme Court rejected an attempt by a litigant to have a previous decision reconsidered and refused to waive court fees based on claims of public interest. The Court emphasised the need for clear evidence showing the proceeding would not continue if the fee was not waived.