New Zealand Case Law: Decisions & Judgments

Topic

Case review procedure

Legal area

Court

7 Sept 2022

MAURI v NEW ZEALAND POLICE [2022] NZHC 2266

Citation

[2022] NZHC 2266
Court

High Court

The trial judge erred in the procedure and reasons given on the s 147 no‑case application by applying the wrong test and orally stating he was satisfied beyond reasonable doubt before the defence had elected to give evidence; that error amounted to an irregularity creating a real risk the outcome was affected and thus a miscarriage of justice requiring the conviction and sentence to be set aside and a rehearing ordered.
4 Dec 2019

NGAWEKETUHIMATA v NEW ZEALAND POLICE [2019] NZHC 3176

Citation

[2019] NZHC 3176
Court

High Court

No miscarriage of justice was shown: the judge's prior sentence indication and courtroom interventions did not create an appearance of bias to a fair‑minded observer; the defendant's brief absence caused no prejudice (counsel was present and the evidence in his absence did not harm his defence); the late addition of charges and late notice of transcripts did not produce unfairness and the transcripts were lawfully disclosed under the Corrections Act; the trial judge gave adequate, articulated reasons for preferring the complainant's evidence and rejecting the defendant's; and the final senten…
15 Oct 1996

Making v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 112
Court

District Court

On a broad view of all evidence, including medical reports and vocational assessments, the appellant remained incapable of performing his prior painter employment and similar full-time duties; therefore cessation of weekly compensation under s37 was unlawful and s73 did not apply, so the appeal is allowed and payments must be reinstated.

New Zealand Case Law

MAURI v NEW ZEALAND POLICE [2022] NZHC 2266

NGAWEKETUHIMATA v NEW ZEALAND POLICE [2019] NZHC 3176

Making v Accident Rehabilitation and Compensation Insurance Corporation