New Zealand Case Law: Decisions & Judgments

Topic

Delay in proceedings

Legal area

Court

7 Sept 2018

R v KEMP [2018] NZHC 2360

Citation

[2018] NZHC 2360
Court

High Court

Given wholesale supply of >10,000 pills but assessed culpability as recklessness, the judge set a starting point of 2 years 10 months, reduced six months for undue delay to 2 years 4 months, applied a 25% guilty plea discount to reach an end sentence of 1 year 5 months, but imposed a non-custodial outcome of six months community detention to preserve employment and promote rehabilitation while marking denunciation and deterrence.
30 Sept 2013

G E HAMMOND v A J HAMMOND [2013] NZHC 2545

Citation

[2013] NZHC 2545
Court

High Court

The appeal and informal judicial review were dismissed. The High Court held that (a) delay in listing the Family Court hearing did not establish that the Family Court abetted parental alienation or justify a declaration absent proper evidence and jurisdictional basis; (b) many remedies sought (counselling, bond, orders to enforce s 16(5), contact orders) were moot because appellant abandoned challenge to care and contact and the children opposed contact; (c) some issues were not before the Court or were matters to be resolved in the Family Court (costs on interlocutory strike out application)…
12 Sept 2007

ANDREW V ISLAND 2000 LIMITED HC AK CIV-2006-404-003625

Citation

openlaw-32903a35_4f0b_4d93_9a17_120afdf35396.pdf
Court

High Court

The court refused indemnity costs and ordered that costs lie where they fall because the cost revision process resolved the substantive dispute, both parties bore some responsibility for delay and criticism, and principles of fairness did not favour awarding costs to either side.

New Zealand Case Law

R v KEMP [2018] NZHC 2360

G E HAMMOND v A J HAMMOND [2013] NZHC 2545

ANDREW V ISLAND 2000 LIMITED HC AK CIV-2006-404-003625