New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Inherent powers of court

Legal area

Court

5 May 2014

O'HAGAN v WAITOMO ADVENTURES LIMITED [2014] NZHC 905

Citation

[2014] NZHC 905
Court

High Court

The High Court lacks jurisdiction to hear a claim to set aside an Employment Court judgment alleged to have been obtained by fraud because such challenges fall within the exclusive jurisdiction and inherent powers of the Employment Court under the Employment Relations Act 2000 (s179, s186, s187); accordingly the proceeding is dismissed for want of jurisdiction.
14 Aug 2008

KHAN V ACCIDENT COMPENSATION CORPORATION HC AK CIV 2007-485-001632

Citation

openlaw-5865677b_d55b_459b_9cfe_484ee51e2390.pdf
Court

High Court

s91(4) of the ARCI Act does not import r 493 of the District Courts Rules to permit a District Court to order a re-hearing of an appeal already heard and determined under the ARCI Act; the statutory scheme is comprehensive and the District Court is not a final appellate court so the inherent power relied on in R v Smith does not assist; accordingly leave to appeal is refused because the issue is not capable of bona fide and serious argument.