New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dismissal of prosecution

Legal area

Court

29 Mar 2010

JAMES ROBERT REID V THE DISTRICT COURT AT DANNEVIRKE AND ANOR HC WN CIV 2008-485-1617

Citation

openlaw-6016e91f_313d_402b_b7ec_3b3bba73f59a.pdf
Court

High Court

The application for judicial review was dismissed because the applicant failed to provide the necessary factual material to demonstrate any reviewable error in the District Court Judge's lawful exercise of discretion under s45 of the Summary Proceedings Act; absent such evidence the Court will not order a rehearing of the prosecution.
14 Sept 2009

JAMES ROBERT REID V THE DISTRICT COURT AT DANNEVIRKE AND ANOR HC WN CIV 2008-485-1617

Citation

openlaw-5cb03c17_9e77_48a1_96af_57307ef894b6.pdf
Court

High Court

The application to join the Governor General and the New Zealand Government was dismissed because the amended statement of claim did not support the declarations sought, the Government is not a suable body in the manner attempted, and the Crown Proceedings Act s14 had not been complied with; however a limited discovery order was appropriate and was made for specified communications, interlocutory applications were closed and a timetable for affidavits and a one-day hearing fixture was set, with costs reserved.