New Zealand Case Law: Decisions & Judgments

Topic

Repeal and transitional provisions

Legal area

Court

6 Mar 2015

ERICSON v THE NEW ZEALAND PAROLE BOARD AND ORS [2015] NZHC 375

Citation

[2015] NZHC 375
Court

High Court

Section 8 of the Parole Act 2002 unambiguously governs parole eligibility and decisions for offenders sentenced before the Act's commencement; therefore the applicant's contention that parole should be considered under the Criminal Justice Act 1985 is untenable and, having been previously determined by MacKenzie J, the present proceedings are an abuse of process and must be struck out.
2 Oct 2008

KENT'S NURSERIES AND HARRY DALE KENT V UPPER HUTT CITY COUNCIL HC WN CIV 2005-485-1958

Citation

openlaw-6bb9612e_3dab_4848_993f_65e1ee820992.pdf
Court

High Court

S 7(4) retained limited application for the relevant financial year by the transitional provision (s137(2) LG(R)A 2002); Version 2.0 rules applied to the September 2001 revaluation; lot 42 had to be treated separately because of different ownership; the Court has power under s 26(4) to order separate assessments but should not exercise that power here because the Tribunal evidence did not sufficiently establish any lot was being used principally as farmland and it would not be just and equitable to make the order without focused evidence.
12 Jun 2000

Dixon v Accident Compensation Corporation

Citation

[2000] NZACC 142
Court

District Court

Section 71 of the 1982 Act was not preserved by the 1992 Act or by transitional provisions and the Accident Insurance Act 1998 contains no power to commute weekly compensation to a lump sum; therefore the Corporation lacks statutory authority to commute the appellant's weekly compensation and the appeal must be dismissed.
5 Mar 1996

Newport v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 5
Court

District Court

The appeal is dismissed because s 135 of the 1992 Act confines preservation of entitlements under the 1982 Act to claims already accepted under the earlier Acts or to claims lodged by 1 October 1992; there is no statutory basis to treat the appellant's late claim as having been lodged in time or to extend the old Act's benefits to him.

New Zealand Case Law

ERICSON v THE NEW ZEALAND PAROLE BOARD AND ORS [2015] NZHC 375

KENT'S NURSERIES AND HARRY DALE KENT V UPPER HUTT CITY COUNCIL HC WN CIV 2005-485-1958

Dixon v Accident Compensation Corporation

Newport v Accident Rehabilitation and Compensation Insurance Corporation