New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction of registrar

  • 7 May 2019

    SIEMER v DISTRICT COURT AT NORTH SHORE [2019] NZCA 142

    Citation
    [2019] NZCA 142
    Court
    Court of Appeal

    The Deputy Registrar was correct to refuse to accept the document for filing because s 169(6) of the Senior Courts Act 2016 makes the High Court judge's determination of an application for leave final, leaving no jurisdiction for the Court of Appeal to entertain or grant leave in the circumstances.

    • Leave to appeal
    • Finality of judicial determination
    • Civil restraint order
    • Jurisdiction of registrar
    • Alleged discrimination

  • 15 Aug 2018

    BURROWS v PALMERSTON NORTH DISTRICT COURT [2018] NZHC 2090

    Citation
    [2018] NZHC 2090
    Court
    High Court

    The Deputy Registrar had statutory authority to exercise the specific powers used at the 17 October 2017 hearing and the term "court" in the summons provisions refers to place/registry; accordingly attendance did not constitute false imprisonment. The second cause of action for intentional infliction of emotional harm did not plead the required elements and is likely barred by the Accident Compensation Act. Both causes disclose no reasonably arguable cause of action and the proceeding must be struck out.

    • False imprisonment
    • Intentional infliction of emotional distress
    • Jurisdiction of registrar
    • Summons
    • Statutory interpretation
    • Striking out

  • 17 Sept 2015

    PROBUS SOUTH PACIFIC LIMITED v PROBUS NEW ZEALAND INCORPORATED [2015] NZHC 2250

    Citation
    [2015] NZHC 2250
    Court
    High Court

    The Registrar was wrong to conclude the respondents' names were not undesirable under ss 11(2) and 11A(1)(b); the word 'Probus' is distinctive in NZ and, given the identical club activities and the natural inference of a national supervisory relationship from the name 'Probus New Zealand', confusion is likely. Although Probus South Pacific was held not to be 'carrying on business in New Zealand' for s 11(1) purposes (so the 'calculated to deceive' ground failed), the undesirability ground succeeded and the Registrar's decision is quashed; the respondents must change their names.

    • Name registration
    • Undesirable name
    • Calculated to deceive
    • Standing and carrying on business
    • Jurisdiction of registrar
    • S 34b appeal/rehearing