New Zealand Case Law: Decisions & Judgments

Topic

Disqualification orders

Legal area

Court

24 Nov 2023

WINIATA v NEW ZEALAND POLICE [2023] NZHC 3363

Citation

[2023] NZHC 3363
Court

High Court

The High Court held the 26‑month sentence imposed by the District Court was stern but within the available range given the seriousness, aggravating features and the appellant's driving history and conduct; the only modification warranted was reducing and backdating the finite driving disqualification to the statutory minimum of one year and one day commencing 24 May 2023; all other aspects of the sentence were upheld.
29 Jun 2021

MARTINE GENET v THE RSPCA [2021] NZCA 277

Citation

[2021] NZCA 277
Court

Court of Appeal

Extension of time to appeal was declined because applicant gave inadequate explanation for nearly four years' delay, produced no corroborating evidence or fresh evidence and the proposed appeal lacked apparent merit; statutory silence on concurrent disqualification orders means ordinary meaning applies so overlapping disqualification periods run concurrently and the later order continues after the earlier expires, leaving the applicant disqualified until 7 December 2026; applicant may apply under s169A for removal or variation after two years from the second order.
3 Mar 2021

BURGESS v NEW ZEALAND POLICE [2021] NZHC 362

Citation

[2021] NZHC 362
Court

High Court

The sentencing Judge had not considered all mandatory s94 factors; on rehearing the High Court balanced the offender's remorse, employment prospects and support against his extensive prior convictions and concluded the public interest and rehabilitative prospects justified substituting the two-year disqualification with 50 hours community work while retaining six months community detention with a modified curfew to facilitate employment.

New Zealand Case Law

WINIATA v NEW ZEALAND POLICE [2023] NZHC 3363

MARTINE GENET v THE RSPCA [2021] NZCA 277

BURGESS v NEW ZEALAND POLICE [2021] NZHC 362