New Zealand Case Law: Decisions & Judgments

Topic

Nzbora breaches

Legal area

Court

28 Jun 2021

REREKURA v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2021] NZHC 1555

Citation

[2021] NZHC 1555
Court

High Court

Application to act as McKenzie friend was declined because Cheng is a likely witness, creating an unacceptable conflict of roles and practical limitations (exclusion during cross-examination), there is a real risk of abuse of process given his parallel litigation and public interest activism, and logistical and taxpayer burdens; application to be joined as a party was declined because Cheng lacks a direct personal interest in the relief sought, joinder is not justified under r 4.56 or JRPA s14, and the joinder would amount to an abuse of process given overlapping proceedings and duplicative c…
16 Nov 2018

WILSON v THE DEPARTMENT OF CORRECTIONS [2018] NZHC 2977

Citation

[2018] NZHC 2977
Court

High Court

Leave granted to amend and pursue a focused judicial review claim that challenges the lawfulness of the Department's decisions concerning provision and withdrawal from rehabilitation programmes under Corrections Act s52; all other causes of action pleaded (defamation, Privacy Act, NZBORA standalone damages claims, battery, strip search, negligence, alleged torture and separate proceedings seeking large damages) disclosed no reasonably arguable case and were struck out, with costs reserved.
31 Aug 2017

A N v A SOLICITOR T [2017] NZHC 2102

Citation

[2017] NZHC 2102
Court

High Court

Both statements of claim disclosed no reasonably arguable cause of action and amounted to an abuse of process given repeated, unsubstantiated collateral attacks on Family Court orders and prior judicial review attempts; Mrs N lacks competence to continue as a party and Mr N lost authority to act for her after revocation of his power of attorney; accordingly both proceedings are struck out and dismissed; the DHB is entitled to indemnity costs up to the date of Mr N's discontinuance (6 June 2017) and 2B costs for steps thereafter, with quantum to be assessed on invoice particulars.
19 Jun 2014

KIM v THE ATTORNEY-GENERAL OF NEW ZEALAND [2014] NZHC 1383

Citation

[2014] NZHC 1383
Court

High Court

Judicial review dismissed in all respects except that the police acted unlawfully in photographing and fingerprinting Mr Kim after arrest on a provisional arrest warrant because the Extradition Act and related statutory scheme did not authorize taking identifying particulars at that stage; substantive rights (death penalty, torture, fair trial) are to be assessed by the Minister at the surrender stage and were prematurely raised before the Minister's s30 decision.

New Zealand Case Law

REREKURA v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2021] NZHC 1555

WILSON v THE DEPARTMENT OF CORRECTIONS [2018] NZHC 2977

A N v A SOLICITOR T [2017] NZHC 2102

KIM v THE ATTORNEY-GENERAL OF NEW ZEALAND [2014] NZHC 1383