New Zealand Case Law: Decisions & Judgments

Topic

Committal

Legal area

Court

19 Oct 2018

BURMESTER v BURMESTER [2018] NZHC 2728

Citation

[2018] NZHC 2728
Court

High Court

Defendant's breach was deliberate and ongoing and undermined the administration of justice; however significant mitigation arose from the Court's finding she was acting at least partly under the influence of her father. Balancing seriousness and mitigation, a short custodial term is necessary and proportionate to coerce compliance; release to occur immediately on purging the contempt by signing the required documents.
25 Mar 2011

TGR HELICORP LIMITED (IN RECEIVERSHIP) V ROGERS AND ROGERS HC AK CIV 2008-404-004109

Citation

openlaw-1dff0a93_19ad_4a91_b0c4_b7ffd8b8a215.pdf
Court

High Court

The court found the Rogers in continuing contempt for persistent non-compliance and false assertions about assets, rejected their proposed remedial offer as inadequate, concluded medical evidence did not preclude committal, and therefore ordered both to be committed to one month imprisonment subject to specified conditions.
16 Jul 2010

SIEMER V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS SC 67/2010

Citation

SC 67/2010
Court

Supreme Court

Habeas corpus was unavailable to challenge the Supreme Court's final contempt judgment and committal order; the applicant must apply to the High Court to establish that the conditions for release have been satisfied, and therefore the application for leave to appeal is dismissed.
24 Mar 2010

SIEMER V STIASSNY AND ANOR CA CA20/2010

Citation

openlaw-9da9a1b4_552f_49d7_89f7_49da3d4710f7.pdf
Court

Court of Appeal

The application for extension of time is dismissed because the delay of about two and a half years was unjustified, the applicant had been explicitly warned and failed to appeal the debarment order, substantial prejudice and costs accrued to respondents, and the proposed appeal had no realistic prospects of success given the Judge's jurisdiction and supporting factual findings.
27 Aug 2007

DAVID WILLIAMS V PAUL ADAM WILLIAMS HC WHA CIV 2007-488-54

Citation

openlaw-4f9b2782_e7dc_40d4_bff0_c4e47c93756c.pdf
Court

High Court

Respondent was in contempt of the Maori Land Court order; weighing the contempt against significant mitigating factors (apology, cultural perception, family hardship) and the respondent's undertaking to remove the house, the court imposed a very short committal (until 3pm same day) and ordered removal of the house by 23 November 2007 and payment of costs of $4,000.
13 Jul 2007

FERRIER HODGSON AND ANOR V VINCENT ROSS SIEMER AND ANOR HC AK CIV 2005-404-1808

Citation

openlaw-19a1a251_0587_4138_b532_2db7ee655ea0.pdf
Court

High Court

The defendant's breaches were wilful, continuous, escalating and directly challenged the authority of the Court; there was no remorse or undertaking to comply; accordingly imprisonment was necessary to vindicate the court and deter further breaches, and a term of six weeks' imprisonment was appropriate.
9 Jul 2007

FERRIER HODGSON AND ANOR V VINCENT ROSS SIEMER AND ANOR HC AK CIV 2005-404-1808

Citation

openlaw-cb7aa64f_f638_4c88_b015_d0ad189a4c62.pdf
Court

High Court

The first defendant was found in contempt beyond reasonable doubt because he intentionally and repeatedly breached the clear injunction, admitted doing so in emails, and continued to publish and disseminate offending material; consequently the Court granted plaintiffs leave to issue a writ of arrest, debarred the first defendant from defending the proceeding until further order, and ordered solicitor-and-client costs for the application to be paid by the first defendant.
14 Nov 2006

CONWAY & ORS V AUCKLAND REGIONAL COUNCIL HC AK CIV-2005-404-6103

Citation

openlaw-4bd80619_71be_430b_878d_54960d2666ad.pdf
Court

High Court

A District Court Judge lacked jurisdiction to invoke s79(2) to enforce enforcement orders made by the Environment Court; enforcement of RMA enforcement orders is to be effected through the RMA regime and, where s79(2) is to be used, it must be invoked by an Environment Judge pursuant to s278 RMA; accordingly the District Court orders were nullities and must be quashed.