New Zealand Case Law: Decisions & Judgments

Topic

Arrest orders

Legal area

Court

6 Nov 2019

BHANABHAI v LOWNDES [2019] NZHC 2885

Citation

[2019] NZHC 2885
Court

High Court

Because the defendant implicitly demonstrated wilful and inexcusable disregard for the court's preceding order, indemnity costs are justified; actual legal expenses reasonably incurred are recoverable but a $200 office administration charge is not recoverable and any GST component must be deducted if recoverable from the Commissioner of Inland Revenue, resulting in an order for payment of $29,572.15 less any GST recoverable.
18 Jul 2019

MĀORI TRUSTEE v BRUCE SMITH, RUBY SMITH, COLE SMITH, JARNA SMITH, KRESLEA SMITH [2019] NZHC 1701

Citation

[2019] NZHC 1701
Court

High Court

The Court refused further stays because the defendants had repeatedly refused to comply with valid Māori Land Court orders despite multiple reprieves; the High Court will enforce the transmitted injunction and possession order, release the defendants on condition they vacate and do not return, and warned that breach would expose them to contempt proceedings including possible imprisonment of up to three months.
9 Jul 2019

HUAKIWI COPENHAGEN LOT 4 ORCHARD LTD v TE MOANA [2019] NZHC 1582

Citation

[2019] NZHC 1582
Court

High Court

Although the respondents deliberately breached clear interim orders after personal service and engaged in contemptuous conduct, their misconduct was motivated by genuine concern for the orchard and of short duration, falling short of the flagrant behaviour required for indemnity costs; however they unnecessarily caused Huakiwi additional expense so an uplift of 75% on category 2 Band B scale for steps to 11 February 2019 is appropriate.
27 May 2019

MĀORI TRUSTEE v SMITH [2019] NZHC 1220

Citation

[2019] NZHC 1220
Court

High Court

The Court concluded there was no serious question to be tried because the substantive disputes had been finally addressed by the Māori Land Court and appeals had not been properly pursued; accordingly the interim injunction was refused and the Court declined to restrain enforcement, but granted a limited stay delaying the issue of arrest warrants until 4 June 2019 to allow an orderly exit.
15 May 2019

MAORI TRUSTEE v SMITH [2019] NZHC 1122

Citation

[2019] NZHC 1122
Court

High Court

The application for a stay of enforcement was dismissed because the Smiths' complaints and alleged grounds (conflict of interest, equitable interests in the homestead, trustee mismanagement) had been previously adjudicated by the Māori Land Court and appellate processes, did not meet the threshold of a substantial miscarriage of justice likely to result from enforcement, and the public and beneficiaries' interest in proper administration of the land outweighed the Smiths' grounds for delay; consequentially arrest orders were to issue subject to a short postponement to 27 May 2019 to allow rem…
14 Feb 2019

MĀORI TRUSTEE v SMITH [2019] NZHC 322

Citation

[2019] NZHC 322
Court

High Court

The Māori Trustee established the statutory and rule‑based prerequisites for leave to issue arrest orders: the injunction and possession orders were clear, had been served, and the Smith whanāu wilfully and inexcusably defied them; accordingly leave to issue arrest orders was granted but their execution was delayed to give opportunity for resolution and to specify a date/place for appearance.

New Zealand Case Law

BHANABHAI v LOWNDES [2019] NZHC 2885

MĀORI TRUSTEE v BRUCE SMITH, RUBY SMITH, COLE SMITH, JARNA SMITH, KRESLEA SMITH [2019] NZHC 1701

HUAKIWI COPENHAGEN LOT 4 ORCHARD LTD v TE MOANA [2019] NZHC 1582

MĀORI TRUSTEE v SMITH [2019] NZHC 1220

MAORI TRUSTEE v SMITH [2019] NZHC 1122

MĀORI TRUSTEE v SMITH [2019] NZHC 322