New Zealand Case Law: Decisions & Judgments

Topic

Appeal standards

Legal area

Court

5 Apr 2023

DICKIN v NEW ZEALAND POLICE [2023] NZHC 760

Citation

[2023] NZHC 760
Court

High Court

The High Court found no miscarriage of justice in the conviction because it was open on the evidence to infer the requisite mens rea for the amended charge (taking and throwing keys would reasonably be intimidating); however, fresh affidavit evidence established that the direct and indirect consequences of conviction (significant employment barriers) were out of all proportion to the low gravity of the offending, so the refusal to discharge was a miscarriage of justice and the appellant was discharged without conviction under s106 Sentencing Act 2002.
5 Jun 2019

WILSON v NEW ZEALAND POLICE [2019] NZHC 1252

Citation

[2019] NZHC 1252
Court

High Court

The High Court dismissed the appeal: the District Court correctly found both assaults proved; s59 did not justify the conduct because the acts were corrective or unreasonable; there was no miscarriage of justice; and the direct and indirect consequences of conviction were not out of all proportion to the gravity of the offending under s107, so the refusal to discharge without conviction was upheld.
7 Oct 2016

LEE v AUCKLAND STANDARDS COMMITTEE 3 (ASC3) [2016] NZHC 2372

Citation

[2016] NZHC 2372
Court

High Court

The High Court upheld the Disciplinary Tribunal's finding of unsatisfactory conduct (but dismissed the more serious misconduct charge) because the practitioner wrote to a non‑party about the subject matter of the litigation contrary to a clear oral direction by the presiding judge to take no steps in the proceeding; even if the direction could be arguable, the correct response was to seek clarification, not to ignore it, and on that basis unsatisfactory conduct was proved and penalty was appropriate though reduced on appeal.
12 Apr 2016

MARINO v THE CHIEF EXECUTIVE OF THE DEPT OF CORRECTIONS [2016] NZCA 117 [12 April 2016]

Citation

[2016] NZCA 117
Court

Court of Appeal

The appeal was dismissed because the Court concluded the appellant failed to establish grounds for overturning the decision of the Department of Corrections.
12 Aug 2015

MR A v CANTERBURY WESTLAND STANDARDS COMMITTEE NO 2 OF THE NZLS [2015] NZHC 1896

Citation

[2015] NZHC 1896
Court

High Court

The High Court affirmed the Tribunal's factual finding that the appellant provided regulated services to Mr G and J or engaged in conduct connected to those services; accordingly the misuses of legal process (statutory demand), explicit threats and discourteous correspondence breached LCCR rules and amounted to unsatisfactory conduct (charge 1) and misconduct (charges 2 and 4); disclosure charge 3 properly dismissed on the Tribunal's reasoning; censure and costs were an appropriate penalty and permanent name suppression was rightly refused.
10 Jun 2015

GREIG v HUTCHISON [2015] NZHC 1309

Citation

[2015] NZFLR 587
Court

High Court

The High Court upheld the Family Court: no qualifying de facto relationship existed between Mr Hutchison and Ms Greig up to the operative date; it was within Judge Walsh's discretion and justified to fix a value for the companies rather than order sale given risk of obstruction and need for a clean break; the valuation adopted was supportable on the evidence and adverse inferences from limited disclosure; trustees of the H Trust could be ordered jointly and severally liable but only to the extent of trust income (not capital) under s44C and the Cashmere Road liability was incorrectly made aga…

New Zealand Case Law

DICKIN v NEW ZEALAND POLICE [2023] NZHC 760

WILSON v NEW ZEALAND POLICE [2019] NZHC 1252

LEE v AUCKLAND STANDARDS COMMITTEE 3 (ASC3) [2016] NZHC 2372

MARINO v THE CHIEF EXECUTIVE OF THE DEPT OF CORRECTIONS [2016] NZCA 117 [12 April 2016]

MR A v CANTERBURY WESTLAND STANDARDS COMMITTEE NO 2 OF THE NZLS [2015] NZHC 1896

GREIG v HUTCHISON [2015] NZHC 1309