New Zealand Case Law: Decisions & Judgments

Topic

Property damage

Legal area

Court

1 Dec 2022

R v PHILIP [Results Judgment - Permanent suppression of summary of facts] [2022] NZHC 3198

Citation

[2022] NZHC 3198
Court

High Court

Applying s205 Criminal Procedure Act 2011 and balancing open justice with competing interests, the court granted the Crown's application in part and ordered permanent suppression of the facts of offending except that publication is limited to three specified facts (sabotage of Transpower infrastructure; one act caused a fire; repair cost likely to exceed $1.25 million).
13 Jul 2021

ZIMMERMAN v NEW ZEALAND POLICE [2021] NZHC 1762

Citation

[2021] NZHC 1762
Court

High Court

Nuku guidelines were not directly applicable to s193 (assault with intent to injure) with a lower maximum; the District Court's cumulative effective starting point prior to guilty plea discount was too high when compared to comparable authorities (notably Goodman); after reassessing aggravating features and uplifts the appropriate aggregate sentence was reduced and the District Court sentence of two years six months was replaced with two years two months' imprisonment.
30 Jul 2019

Corbett v Vero Insurance New Zealand Limited [2019] NZHC 1823

Citation

[2019] NZHC 1823
Court

High Court

Exclusion 6 does not apply to the scratched windows because the windows were physically damaged (scratched) during cleaning and were not in an inherently defective condition in material or workmanship prior to that damage; Exclusion 6 targets parts defective due to materials or workmanship, not physical loss or damage caused by defective workmanship, so the insuring clause providing indemnity for physical loss or damage applies.
18 Oct 2018

MIHINUI v NEW ZEALAND POLICE [2018] NZHC 2705

Citation

[2018] NZHC 2705
Court

High Court

The High Court held the Judge's starting points and uplifts were within the available range, the totality principle was properly applied, the aggravating factors (repeated strangulation, violence, offending while on bail and prior convictions) justified the uplifts, and the discounts applied for youth and guilty plea were appropriate; the overall sentence of three years nine months imprisonment was not manifestly excessive and the appeal was dismissed.
18 Dec 2012

POWER V GILL HC AK CIV-2012-404-3524

Citation

openlaw-0410ff47_4f55_4cba_92b6_b69b1bdc9397.pdf
Court

High Court

The appellate court found no error in the trial judge's adverse credibility findings and concluded there was extrinsic and objective support for those findings (photo timing inconsistency, improbability of alleged rent-free variation, contemporaneous documentary evidence and neighbour corroboration). Consequently appellant was liable for rent arrears and for damage to the premises; the appeal was dismissed and quantum of damages was left to be determined.

New Zealand Case Law

R v PHILIP [Results Judgment - Permanent suppression of summary of facts] [2022] NZHC 3198

ZIMMERMAN v NEW ZEALAND POLICE [2021] NZHC 1762

Corbett v Vero Insurance New Zealand Limited [2019] NZHC 1823

MIHINUI v NEW ZEALAND POLICE [2018] NZHC 2705

POWER V GILL HC AK CIV-2012-404-3524