New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdictional challenge based on māori sovereignty

  • 10 Dec 2020

    An application by Warren (Writ of Habeas Corpus) [2020] NZHC 3264

    Citation
    [2020] NZHC 3264
    Court
    High Court

    The application is dismissed because it repeats arguments previously rejected by the courts and is therefore precluded by s15(1) of the Habeas Corpus Act 2001 and constitutes an abuse of process; additionally the applicant is validly detained under the warrant issued on 11 August 2017 and his convictions cannot be impeached in habeas corpus proceedings (s14(2)).

    • Habeas corpus
    • Preventive detention
    • Abuse of process
    • Res judicata / preclusion (s15(1) habeas corpus act 2001)
    • Jurisdictional challenge based on maori sovereignty

  • 1 Oct 2020

    TIARE WAAKA TIMOTI v NEW ZEALAND POLICE [2020] NZSC 104

    Citation
    [2020] NZSC 104
    Court
    Supreme Court

    Leave to appeal was dismissed because established authority interprets 'costs' under the Costs in Criminal Cases Act 1967 as limited to legal fees payable to lawyers, precluding awards to self-represented litigants, and there were no exceptional circumstances or point of public importance to justify a direct appeal to this Court; jurisdictional challenges based on Māori sovereignty do not alter that conclusion.

    • Costs in criminal cases
    • Self-represented litigants
    • Leave to appeal
    • Jurisdictional challenge based on māori sovereignty