New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Jurisdiction and nullity

Legal area

Court

16 Mar 2012

THE COMMISSIONER OF POLICE V KIM DOTCOM HC AK CIV-2012-404-33

Citation

openlaw-252c303f_5ccb_42e8_9603_e78335357bc8.pdf
Court

High Court

The 18 January 2012 order was granted under the wrong statutory provisions and is therefore null and void; the Court declares that order has no legal effect and notes the respondents' property remains restrained under the valid interim order made 1 February 2012, with related issues to be determined in the re-registration proceedings.
21 Feb 2008

SIOLA'A V WGTN DISTRICT COURT AND ACC HC WN CIV-2007-485-1464

Citation

openlaw-bdebd434_8dea_4358_955c_bd0c40fd4603.pdf
Court

High Court

Section 162(2) mandates leave applications be filed within 21 days of the District Court decision; that requirement is substantive and cannot be circumvented by reference to earlier Courts Act sealing rules; a late filing is a nullity and jurisdiction cannot be created by waiver or acquiescence under s3 because there were no valid proceedings to which it could apply; even though natural justice required an opportunity to be heard, relief was refused as it would be futile because the legal conclusion on time and jurisdiction was correct.