New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judicial jurisdiction

Legal area

Court

13 Feb 2020

KISSLING v CROWN PROSECUTIONS PALMERSTON NORTH DISTRICT COURT REGISTRY [2020] NZHC 150

Citation

[2020] NZHC 150
Court

High Court

The application was dismissed because the applicant's detention flowed from a bail ruling of 23 December 2019 and s 14(2)(b) of the Habeas Corpus Act 2001 prevents habeas corpus review of bail rulings; challenges to bail must be pursued under the Bail Act 2000, and no adjournment was required to decide the threshold issue.
14 Jun 2018

JACKSON v NEW ZEALAND POLICE [2018] NZCA 194

Citation

[2018] NZCA 194
Court

Court of Appeal

The High Court's determination of the first appeal on the papers was a nullity because s 330 mandates an oral hearing; however, none of the statutory grounds in s 232(2) for allowing a second appeal were established on the material before this Court, so the second appeal must be dismissed rather than resulting in acquittal or this Court directing a rehearing; the appropriate remedy is an application to the High Court for a rehearing of the first appeal.