New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Parliamentary intent

Legal area

Court

18 Oct 2013

COMMISSIONER OF POLICE v RONNIE JOSEPH DE WYS [2013] NZHC 2728

Citation

[2013] NZHC 2728
Court

High Court

Material lawfully obtained under search warrants issued pursuant to s198 Summary Proceedings Act 1957 is admissible in civil forfeiture proceedings under the Criminal Proceeds (Recovery) Act 2009; Evidence Act 2006 governs admissibility and does not require exclusion here; searches lawful when executed do not become unreasonable solely because material is later used in civil forfeiture, and Australian common-law restrictions do not bind New Zealand in this context.
11 May 2012

PELORUS WILDLIFE SANCTUARIES LIMITED AND NGATI KOATA TRUST V NEW ZEALAND KING SALMON CO LIMITED AND MARLBOROUGH DISTRICT COUNCIL HC BLE CIV-2011-406-270

Citation

openlaw-6742e383_0d6e_45a2_bf1d_fd91c87de656.pdf
Court

High Court

Section 10(9)(c) of the ARA grants deemed coastal permits that include s15 discharge rights to all Marine Farming Act leases and licences in force at commencement, regardless of whether the holder already held a separate RMA discharge permit; the phrase 'would otherwise have been required' refers to the legal requirement absent the deeming, not to the factual absence of a permit.