New Zealand Case Law: Decisions & Judgments

Topic

Public interest in prosecution

Legal area

Court

31 Mar 2023

R v NAPIER [2023] NZHC 707

Citation

[2023] NZHC 707
Court

High Court

The Crown's application for leave to withdraw the perjury charge under s146 was dismissed because, unlike prior authorities where withdrawal was granted due to evidential insufficiency, here the Crown could proceed but chose not to on public interest grounds; given the defendant's entitlement to finality and protection from undue delay the court refused to leave the charge hanging without bar, and reserved leave for further application by the parties.
23 Mar 2023

RE DEPARTMENT OF INTERNAL AFFAIRS (QIAN DUODUO LTD) [2023] NZHC 602

Citation

[2023] NZHC 602
Court

High Court

The court granted restoration under s329 because continuation of the criminal proceedings serves the public interest and general deterrence in enforcing the AML/CFT Act, the DIA's late objection was inadvertent and not fatal, and potential inability to recover penalties is not a reason to refuse restoration; questions of recoverability and sentencing are for the sentencing court, not the restoration application.
24 Feb 2012

HASTIE V THE NEW ZEALAND POLICE COA CA774/2011

Citation

COA CA774/2011
Court

Court of Appeal

No question of law for this Court was established; s131 involves a wide, fact-dependent discretion and the High Court did not err in law in ordering a rehearing after quashing convictions for lack of admissible evidence; leave to appeal is refused.
14 Nov 2007

REID AND ORS V R SC 95/2006

Citation

SC 95/2006
Court

Supreme Court

The Supreme Court held Fogarty J did not err in principle: his subdivision of the Crown case was a legitimate method of applying the s 5 statutory criteria; fiscal concerns do not preclude awards because s 7(1)(a) directs payments from appropriated public funds; consequently the Court of Appeal erred and the High Court costs orders are reinstated.
5 Oct 2007

BURGESS V FIELD HC AK CIV 2007-404-3206

Citation

openlaw-445e479d_cf7f_46d9_9c59_767475977a43.pdf
Court

High Court

For the purposes of s 103(1) Crimes Act 1961 the prosecution must prove that the MP accepted a bribe (including gratuitous or below‑market services) in respect of acts in his capacity as an MP and that he acted 'corruptly' defined as deliberately accepting the benefit knowing or believing it was intended to influence or reward him; on the evidence before the Court that test is met to grant leave to prosecute.

New Zealand Case Law

R v NAPIER [2023] NZHC 707

RE DEPARTMENT OF INTERNAL AFFAIRS (QIAN DUODUO LTD) [2023] NZHC 602

HASTIE V THE NEW ZEALAND POLICE COA CA774/2011

REID AND ORS V R SC 95/2006

BURGESS V FIELD HC AK CIV 2007-404-3206