19 May 2022
Trial judge erred in convicting for aggravated careless driving because evidence did not establish deliberate breach of the road rule required for aggravation; however evidence supported conviction for careless driving under s38 LTA; appellate court substituted conviction for careless driving and quashed the unrelated alcohol and drug counselling condition of sentence.
25 Aug 2020
The Judge's finding of non-consensual touching was reasonably open on the totality of the evidence, including the complainant's contemporaneous statements and police photographs corroborating force; no error of assessment caused a miscarriage of justice and the appeal must be dismissed.
4 Oct 2019
Appeal allowed because Crown failed to prove beyond reasonable doubt that the complainant's original report still had evidential value as at 12 December 2017 and therefore failed to prove the required actus reus (that the defendant's attempt had a tendency to pervert the course of justice); absence of evidence on that point meant conviction could not stand.
26 Mar 2015
Leave to appeal was granted because there is an arguable error of law: the District Court's reasoning on causation and its apparent rejection of evidence without reasons render its decision susceptible to legal error, requiring High Court determination whether the correct causation test was applied and relevant evidence was properly considered.
11 Oct 2013
The appellant had not demonstrably acquired or retained the requisite computer and related literacy skills despite Corporation-funded training; independent assessment (Gist) showed skills were inadequate; the Corporation failed to ensure training effectiveness (including literacy assessment and objective testing) and therefore the decision finding vocational independence was erroneous and is set aside.
12 Mar 2013
Applicant failed to establish reason to believe Mr Guest would be unable to meet an adverse costs award; evidence showed Mr Guest receives a substantial income, was supported by bank managers' affidavits (albeit given reduced weight where conflicting), and the likelihood of bankruptcy was small; therefore ordering security for costs was not just and application was dismissed.
9 Sept 2008
Expert clinical investigations and blood gas results demonstrate severe metabolic acidosis and hypoxic ischaemic encephalopathy of antenatal/intrapartum origin with no clinical or imaging evidence of traumatic head injury; therefore the appellant did not suffer a personal injury caused by medical error and the respondent's decision to decline cover was correct.
25 Aug 1999
The Court upheld the respondent's cancellation of Home Help because the comprehensive FCE objectively demonstrated inconsistency between the appellant's reported symptoms and observed impairment, justifying the exercise of discretion to cancel; referral back to the Home Help Assessor was unnecessary and the contrary doctor reports were less persuasive.
7 Nov 1997
The respondent was obliged to consider all relevant evidence, not only a single occupational therapist report, and the foldaway ironing board and corner pantry were cost‑effective and necessary modifications; accordingly the appeal is allowed and the respondent must contribute a total of NZD 8,000 toward the kitchen modifications including moving the wall and providing the foldaway ironing board.