New Zealand Case Law: Decisions & Judgments

Topic

Credibility findings on appeal

Legal area

Court

8 Aug 2019

GIBSON v POLICE [2019] NZHC 1920

Citation

[2019] NZHC 1920
Court

High Court

The High Court found no miscarriage of justice: the trial judge properly assessed credibility and accepted independent eyewitness evidence that Gibson deliberately reversed into another car creating an objectively dangerous situation; the evidence met the statutory elements of dangerous driving; the sentencing judge correctly applied s107 and rationally concluded the adverse consequences of conviction were not out of all proportion to the low‑level offending given the applicant's significant criminal and traffic history and NZTA's independent grounds for refusing a commercial licence; appeal…
20 Jun 2019

JULIAN v NEW ZEALAND POLICE [2019] NZHC 1419

Citation

[2019] NZHC 1419
Court

High Court

The High Court found no error in the District Court Judge's credibility assessment: Constable Rawlinson's account that officers had followed the vehicle and required a breath screening test was credible and consistent, satisfied the s 68 threshold and preceded a valid evidential breath test of 453 µg/L which exceeded the 400 µg/L legal limit; therefore the appellant's challenge to the conviction failed and there was no miscarriage of justice.
6 May 2019

KUMAR v NZ POLICE [2019] NZHC 968

Citation

[2019] NZHC 968
Court

High Court

The appeal is dismissed: the Land Transport Act 1998 is not a code that revoked the common law implied licence; the trial judge's credibility findings that the constable was invited in and not a trespasser were open on the evidence; a constable lawfully on the premises may require a breath screening test under s 68 LTA; no miscarriage of justice occurred.
11 Aug 2016

BUSCH v IRELAND & ORS [2016] NZCA 391

Citation

[2016] NZCA 391
Court

Court of Appeal

The High Court correctly exercised its appellate function by admitting relevant new evidence and reassessing the totality of the evidence de novo while applying the customary caution towards Family Court credibility findings; on that reassessment the existence of a testamentary promise was established and the vesting order in favour of the first respondents was justified; the Court of Appeal declines leave to admit the additional proposed evidence and dismisses the appellant's appeal.
3 Mar 2014

XU v MAYES [2014] NZHC 349

Citation

[2014] NZHC 349
Court

High Court

On the evidence (including photographs, witness demeanour and consistent accounts by the respondents) the District Court judge was entitled to find on the balance of probabilities that the appellants assaulted and threatened the respondents and that Mr Xu repeatedly followed Mrs Mayes; those findings met the statutory definition of harassment under the Harassment Act 1997 and justified a restraining order under s16; the lawful purpose defence could be considered on appeal but did not rebut the factual findings; the remedy required variation of standard conditions to reflect proximity, so the…

New Zealand Case Law

GIBSON v POLICE [2019] NZHC 1920

JULIAN v NEW ZEALAND POLICE [2019] NZHC 1419

KUMAR v NZ POLICE [2019] NZHC 968

BUSCH v IRELAND & ORS [2016] NZCA 391

XU v MAYES [2014] NZHC 349