New Zealand Case Law: Decisions & Judgments

Topic

Unlawful arrest and detention

Legal area

Court

9 May 2017

NICHOLAS DAVID WRIGHT v VIJAY BHOSALE AND ATTORNEY-GENERAL [2017] NZSC 69 [9 May 2017]

Citation

[2017] NZSC 69
Court

Supreme Court

Leave to appeal was refused because the case was an inappropriate vehicle for resolving the substantive Bill of Rights issues given admissions by respondents, concurrent factual findings against the applicant on bad faith and recklessness, and a significant compensatory award; no miscarriage of justice or issue of public importance justified granting leave.
7 Oct 2016

CAMILLE IRIANA THOMPSON v THE ATTORNEY-GENERAL [2016] NZSC 134

Citation

[2016] NZSC 134
Court

Supreme Court

Leave to appeal was dismissed because Chapman governs and bars Crown liability for Bill of Rights breaches arising from judicial decisions; the differences identified by the applicant (ICCPR reservations and factual distinctions) did not provide a sufficient or appropriate basis to distinguish or revisit Chapman and there was insufficient prospect of success to grant leave.
31 May 2016

R v Winders [2016] NZHC 1147

Citation

[2016] NZHC 1147
Court

High Court

Court admitted four prior shooting incidents (Ford Jan 2009, Gleeson prior to Apr 2009, Kuriger Apr 2011, Kuriger Apr 2012) as propensity evidence under s43 as probative of a relevant tendency and identity; excluded the Jane/Law goat poaching incident as insufficiently probative; admitted Ms Corina Walker's visual identification and related photomontage evidence under s45 because the Crown proved reliability beyond reasonable doubt despite delay and lack of formal procedure; admitted the video and transcript of the 4 April 2013 Police interview under s27 and s30 after finding no causal link b…

New Zealand Case Law

NICHOLAS DAVID WRIGHT v VIJAY BHOSALE AND ATTORNEY-GENERAL [2017] NZSC 69 [9 May 2017]

CAMILLE IRIANA THOMPSON v THE ATTORNEY-GENERAL [2016] NZSC 134

R v Winders [2016] NZHC 1147