New Zealand Case Law: Decisions & Judgments

Topic

Mitigation

Legal area

Court

30 Nov 2023

TROWER v NEW ZEALAND POLICE [2023] NZHC 3454

Citation

[2023] NZHC 3454
Court

High Court

The Court allowed that a full 25% guilty plea discount should have been credited but concluded the Judge's other discounts were within range, the Moses methodology error produced only a one-month difference, and the resulting sentence was not manifestly excessive; the appeal was therefore dismissed and the sentence of two years four months' imprisonment stands, with home detention inappropriate given the offender's history.
24 Nov 2023

DAQIN HOLDING LIMITED v ELITE LEGAL LIMITED [2023] NZHC 3338

Citation

[2023] NZHC 3338
Court

High Court

Judgment for liability was entered because Elite Legal plainly breached an express contractual obligation to obtain a guaranteed title search; that breach is actionable in contract without proof of damage and the contested issues of causation, mitigation and third-party liability go to quantum not to whether the defendant breached its contract, so liability can be determined now and quantum reserved for trial.
15 Nov 2023

WHEELER v R [2023] NZCA 563

Citation

[2023] NZCA 563
Court

Court of Appeal

The Court held that although the judge had wrongly applied a requirement that both the offence and the offender be exceptional to displace the presumption of life imprisonment, on the facts the appellant's conduct and long-standing propensity for violence, together with public protection considerations, meant a life sentence with the statutory 10-year MPI was not manifestly unjust; extension of time to appeal was granted and the appeal was dismissed.
2 Nov 2023

MARERAKI v POLICE [2023] NZHC 3096

Citation

[2023] NZHC 3096
Court

High Court

The appeal is dismissed because although the lead-charge starting point was slightly high, the overall global starting point and uplifts (including for offending on bail) were within the available range given the significant total value of thefts and recidivist offending, and the discounts for personal mitigation (background and addiction) were appropriate; the sentence was not manifestly excessive.
30 Oct 2023

PREMIER PROPERTY DEVELOPMENTS LTD v OHL LTD – Costs [2023] NZHC 3032

Citation

[2023] NZHC 3032
Court

High Court

Premier was found liable for breach and loss so was not the successful party overall; mitigation eliminated recoverable loss to OHL and the commercial nature of the stake did not convert Premier's recovery into overall success; accordingly the Court refused to order costs to either party and declined any uplift.
9 Oct 2023

E v R [2023] NZHC 2829

Citation

[2023] NZHC 2829
Court

High Court

The Court concluded the Judge's seven year starting point was within permissible range given three aggravating features (victim vulnerability, harm, breach of trust) and the applicable R v AM bands, but the aggregate mitigation was understated; an additional 8% discount for genuine remorse and substantial reparation was warranted, resulting in substitution of the original sentence with a reduced sentence of three years and seven months' imprisonment.
26 Sept 2023

NEWELL v SAM PEMBERTON CIVIL LIMITED [2023] NZHC 2676

Citation

[2023] NZHC 2676
Court

High Court

The Partnership was contractually obliged (expressly and by implication) to place fill meeting the Addendum Specifications and to exercise reasonable skill and care; the Partnership conceded it placed non-compliant fill and the factual and expert evidence established breach; SPC is entitled to recover remediation costs, liquidated damages that were reasonably foreseeable and reasonable legal fees, and there was no failure by SPC to mitigate its loss.
13 Sept 2023

PURUTANGA v R [2023] NZCA 442

Citation

[2023] NZCA 442
Court

Court of Appeal

The Court held s 104(1) applied because the murder involved high brutality and the victim was particularly vulnerable; the judge's notional starting point was within range and a one year discount for a late guilty plea was justified given delays and the defendant's conduct; the offender's personal circumstances did not materially reduce moral culpability; consequently a 17 year MPI was not manifestly unjust and the appeal was dismissed.
23 Aug 2023

KINGSBEER TRANSPORT LTD v MARTIN BROWER NEW ZEALAND [2023] NZCA 385

Citation

[2023] NZCA 385
Court

Court of Appeal

The Court of Appeal allowed the appeal, holding that a binding five‑year contract for the Additional BOP Runs was formed by 29 January 2018, that Mr Millin had ostensible authority to bind MBNZ, that the contract included an express five‑year term plus an express agreement that MBNZ would meet short‑term costs (capped at $50,000) pending provision of a written contract, and an implied term that the written contract be provided within a reasonable time (no later than four months from the start date); MBNZ breached those obligations by failing to provide the contract within that time and by del…
27 Jul 2023

PREMIER PROPERTY DEVELOPMENTS LTD v OHL LTD [2023] NZHC 1962

Citation

[2023] NZHC 1962
Court

High Court

Premiere breached clause 7.1(2) by failing to disclose its consent/waiver of the basement tenant's reduced rent which directly affected the property's tenancy description, but OHL's Fair Trading Act claim failed because it was not misled by Premier given Colliers and its agent had informed OHL of the rent subsidy prior to contract; the only compensable loss from the contractual breach was the lost rental cashflow for the balance of Buza's lease, a loss eliminated by Premier's reasonable offered rent underwrite, and Premier is therefore entitled to recovery of the $692,000 stakeholder balance…