New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal on a question of law

  • 22 Dec 2021

    NEW ZEALAND POLICE v WEN [2021] NZHC 3610

    Citation
    [2021] NZHC 3610
    Court
    High Court

    The High Court held there was no error of law in the District Court Judge's decision to discharge without conviction: the defendant's affidavit was admissible sentencing material and any imprecision was not material; the Judge correctly recognised that while deportation liability for a temporary entry class visa holder can arise independently of conviction, entry of a conviction materially increased the risk of deportation; and under the stringent appellate standard in s296(2)/Cleaver the Crown did not show that no rational Judge could have reached the discharge decision. The Crown appeal was…

    • Discharge without conviction
    • Deportation liability
    • Sentence indication
    • Admissibility of affidavit evidence
    • Causation of immigration consequences
    • Appeal on a question of law

  • 29 Aug 2013

    CHAMBERLAIN v SCOTT [2013] NZHC 2231

    Citation
    [2013] NZHC 2231
    Court
    High Court

    The Court declined to admit the new radar evidence absent special reasons that would justify departing from the one-hearing policy; on costs the Court found preparation of the admissibility argument required category C (three days) and disallowed separate disputed-costs attendances, awarding respondent overall costs of $12,106.50.

    • Admission of fresh evidence on appeal
    • Fixtures versus chattels
    • Costs assessment
    • Appeal on a question of law