New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Audio-visual evidence

Legal area

Court

20 Sept 2019

AJ (Ghana) v Refugee Protection Officer [2019] NZHC 2387

Citation

[2019] NZHC 2387
Court

High Court

Leave to bring judicial review was declined because the refusal to permit a private audio-visual recording did not cause procedural unfairness or a material prejudice to the applicant; the IPT acted within its procedural discretion and its audio recording was an adequate record against which any interpretation issues could be checked; no arguable error of sufficient public importance under s 249 was demonstrated.
31 Mar 2014

IRELAND v GRANT and SMILLIE [2014] NZHC 613

Citation

[2014] NZHC 613
Court

High Court

The High Court exercised its discretion under s5A(5) to admit the further affidavit evidence of Katherine Forsdyke because, notwithstanding some deficiencies in diligence and the low prospect of altering the District Court result based on adverse credibility findings, fairness required permitting evidence that had been exchanged before trial and could not be given at trial due to genuine technical AVL difficulties; the evidence was prima facie cogent and could materially inform the appellate assessment of whether a testamentary promise existed.